Oregon v. Hitchcock

Citations

• 202 U.S. 60
• 26 S. Ct. 568
• 50 L. Ed. 935
• 1906 U.S. LEXIS 1519

Syllabus

<p>Ill the absence of any act of Congress waiving immunity of the United States or consenting that it be sued in respect to swamp lands, either within or without an Indian reservation, or of any act of Congress assuming full responsibility in behalf of its wards, the Indians, affecting then-rights to such lands, this court has no jurisdiction of an action brought by a State against the Secretaiy of the Interior and Commissioner of the General Land Office to enjoin them from patenting to Indians lands within that State, claimed by the State under the swamp land acts.</p> <p>The fact that the action is brought by a State against the Secretary of the Interior, who is a citizen of a different State, does not give this Court jurisdiction as the real party in interest is the United States.</p> <p>It is not the province of the courts to interfere with the administration of the Land Department, and until the land is patented inquiry as to equitable rights comes within the cognizance of the Department and the courts will not anticipate its action. .</p>