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· 9/10/1903

Jones v. Callvert

Citations

  • 32 Wash. 610
  • 73 P. 701
  • 1903 Wash. LEXIS 462

Syllabus

<p>PUBLIC LANDS'-INCORPORATION IN INDIAN RESERVATION-EXECUTIVE ORDER.</p> <p>Public lands of the general government may be made part of an Indian reservation by means of an executive proclamation of the president of the United States.</p> <p>SAME — TIDE LANDS PATENTED TO INDIANS-TITLE OP STATE.</p> <p>Under the Enabling Act (25 St. at Large, 676, § 4) for the admission of Washington into the union, requiring this state to disclaim all right and title to all lands lying within its limits owned or held by any Indian or Indian tribes, and under art. 17, § 2, of the state constitution, disclaiming title in all tide, swamp and overflowed lands patented by the United States, the state has no authority to sell tide lands within the limits of an Indian reservation and patented to individual members of the tribe prior to statehood.</p>

Judges: Dunbar

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