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United States v. Santa Fe Pacific Railroad Co., 314 U.S. 339 (1941), is a United States Supreme Court case in which the Court held that the power of Congress to extinguish aboriginal title is plenary and nonjusticiable but that Congress was presumed not to do so absent a clear intention.[1] It is the leading precedent on the extinguishment of aboriginal title in the United States.
The suit was brought by the federal government, on behalf of the Hualapai against the Santa Fe Pacific Railroad. The Court held that the Hualapai's aboriginal title was not extinguished by (1) its lack of federal recognition or acknowledgment by treaty, statute, for formal government action; (2) the 1848 Treaty of Guadalupe Hidalgo (3) an 1854 federal statute creating the office of Surveyor General of New Mexico; (4) and 1865 statute creating the Colorado River Indian Reservation; (5) the 1866 federal land grant to the railroad; (6) an 1870 federal statute creating the office of Surveyor General of Arizona; or (7) the 1874 forcible removal of the Hualapai to the Colorado River Indian Reservation.
However, the Court held that the 1881 creation of a reservation by executive order at the request of the Hualapai extinguished the tribe's aboriginal title outside of that reservation. The case distinguished aboriginal title in California from aboriginal title in the rest of the Mexican Cession and is frequently cited for its in-depth discussion of the test for the extinguishment of aboriginal title.
^United States v. Santa Fe Pacific Railroad Co., 314U.S. 339 (1941).
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January 01, 1970
united, states, santa, pacific, railroad, this, article, relies, largely, entirely, single, source, relevant, discussion, found, talk, page, please, help, improve, this, article, introducing, citations, additional, sources, find, sources, news, newspapers, boo. This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources United States v Santa Fe Pacific Railroad Co news newspapers books scholar JSTOR May 2021 United States v Santa Fe Pacific Railroad Co 314 U S 339 1941 is a United States Supreme Court case in which the Court held that the power of Congress to extinguish aboriginal title is plenary and nonjusticiable but that Congress was presumed not to do so absent a clear intention 1 It is the leading precedent on the extinguishment of aboriginal title in the United States United States v Santa Fe Pacific Railroad Co Supreme Court of the United StatesArgued November 12 13 1941Decided December 8 1941Full case nameUnited States v Santa Fe Pacific Railroad CompanyCitations314 U S 339 more 62 S Ct 248 86 L Ed 260 1941 U S LEXIS 1124Case historyPrior114 F 2d 420 9th Cir 1940 cert granted 312 U S 675 1941 SubsequentRehearing denied 314 U S 716 1942 HoldingAboriginal title is extinguished by legislation only with a clear intention Court membershipChief Justice Harlan F Stone Associate Justices Owen Roberts Hugo BlackStanley F Reed Felix FrankfurterWilliam O Douglas Frank MurphyJames F Byrnes Robert H JacksonCase opinionMajorityDouglas joined by unanimousLaws appliedTreaty of Guadalupe Hidalgo 10 Stat 308 1854 13 Stat 541 1865 14 Stat 292 1866 16 Stat 291 1870 The suit was brought by the federal government on behalf of the Hualapai against the Santa Fe Pacific Railroad The Court held that the Hualapai s aboriginal title was not extinguished by 1 its lack of federal recognition or acknowledgment by treaty statute for formal government action 2 the 1848 Treaty of Guadalupe Hidalgo 3 an 1854 federal statute creating the office of Surveyor General of New Mexico 4 and 1865 statute creating the Colorado River Indian Reservation 5 the 1866 federal land grant to the railroad 6 an 1870 federal statute creating the office of Surveyor General of Arizona or 7 the 1874 forcible removal of the Hualapai to the Colorado River Indian Reservation However the Court held that the 1881 creation of a reservation by executive order at the request of the Hualapai extinguished the tribe s aboriginal title outside of that reservation The case distinguished aboriginal title in California from aboriginal title in the rest of the Mexican Cession and is frequently cited for its in depth discussion of the test for the extinguishment of aboriginal title See also editMcCabe v Atchison Topeka amp Santa Fe Railway Co List of United States Supreme Court cases volume 314References edit United States v Santa Fe Pacific Railroad Co 314 U S 339 1941 External links editText of United States v Santa Fe Pacific Railroad Co 314 U S 339 1941 is available from Cornell CourtListener Google Scholar Justia Retrieved from https en wikipedia org w index php title United States v Santa Fe Pacific Railroad Co amp oldid 1175151964, wikipedia, wiki, book, books, library,
