Winebrenner v. Forney

Citations

• 189 U.S. 148
• 23 S. Ct. 590
• 47 L. Ed. 754
• 1903 U.S. LEXIS 1338

Syllabus

<p>Where there is a seeming contradiction between two clauses in a proclamation opening lands for settlement, the first clause being a special description of a strip of land, and the second being-found in a portion of the proclamation defining the purposes for which the strip is made, the first clause is entitled to preference.</p> <p>The strip of land referred to in the President’s proclamation of August 19, 1898, “ one hundred feet in width around and immediately within the outer boundaries of the entire tract of country to be opened to settlement,” ran around and immediately within the outer boundaries of the body of lands opened for settlement, and not around the outer boundaries of the entire tract specified in the cession and relinquishment of the Cherokee Indians.</p>