National Bank v. County of Yankton

CourtUnited States Supreme Court
Writing for the CourtWAITE
Citation101 U.S. 129,25 L.Ed. 1046
Decision Date01 October 1879
PartiesNATIONAL BANK v. COUNTY OF YANKTON

101 U.S. 129
101 U.S. 129
25 L.Ed. 1046
NATIONAL BANK
v.
COUNTY OF YANKTON.
October Term, 1879

ERROR to the Supreme Court of Dakota Territory.

The facts are stated in the opinion of the court.

Page 130

Mr. S. W. Packard and Mr. James Grant for the plaintiff in error.

Mr. Matt. H. Carpenter and Mr. James Coleman for the defendant in error.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

By sect. 4 of the act to provide a temporary government for the Territory of Dakota, no one session of the legislative assembly shall exceed forty days (12 Stat. 239), and in 1869 Congress declared that the sessions of all territorial legislative assemblies should be biennial. 15 id. 300. The members of the legislative assembly of Dakota met on the 5th of December, 1870, and continued in regular session on all days, except Sundays, until Jan. 13, 1871, when they adjourned without day. The day of adjournment was called on the journals the fortieth day of the session, although there had been but thirty-five days of actual session for the transaction of business. On the 18th of April, 1871, the members of the legislature elected the preceding fall again assembled at the call of the acting governor of the Territory. After organizing themselves as a legislative assembly and proceeding to legislate for the Territory, they passed, among other acts, one entitled 'An Act to enable organized counties and townships to vote aid to any railroad, and to provide for the payment of the same.' Under this act

Page 131

the voters of Yankton County, on the 2d of September, 1871, voted to donate the Dakota Southern Railroad Company $200,000 in the bonds of the county. All the proceedings under which this vote was taken were conducted strictly according to the requirements of the law.

On the twenty-seventh day of May, 1872, the following act of Congress was approved and went into effect. 17 id. 162.

'An Act in Relation to the Dakota Southern Railroad Company.

'Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that the act passed by the legislative assembly of the Territory of Dakota, and approved by the governor on the twenty-first day of April, 1871, entitled 'An Act to enable organized counties and townships to vote aid to any railroad, and to provide for the payment of the same' be, and the same is hereby, disapproved and annulled, except in so far as herein otherwise provided. But the passage of this act shall not invalidate or impair the organization of the company heretofore organized for the construction of the Dakota Southern Railroad leading from Sioux City, Iowa, by way of Yankton, the capital of said Territory, to the west line of Bon Homme County, or any vote that has been or may be given by the counties of Union, Clay, Yankton, and Bon Homme, or any township granting aid to said railroad, or any subscription thereto, or any thing authorized by and that may have been done in pursuance of the provisions of the aforesaid act of the legislative assembly of said Territory towards the construction and completion of said railroad, and the said Dakota Southern Railroad Company, as organized under and in conformity to the acts of the legislative assembly of said Territory, is hereby recognized and declared to be a legal and valid corporation; and the provisions of the act of the legislative assembly first aforesaid, so far as the same authorize, and for the purpose of validating any vote of aid and subscriptions to said company for the construction, completion, and equipment of the main stem of said railroad, between the termini aforesaid,...

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102 practice notes
  • Hueter v. Kruse, Civ. 21-00226 JMS-KJM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • December 17, 2021
    ...” including the power to “make a void Act of the territorial government valid, and a valid Act void.” Nat'l Bank v. Cnty. of Yankton, 101 U.S. 129, 133 (1880); see also Sere v. Pitot, 10 U.S. 332, 336-37 (1810); Am. Ins. Co. v. 356 Bales of Cotton, 26 U.S. 511, 542-43 (1828). These territor......
  • Fitisemanu v. United States, No. 20-4017
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • June 15, 2021
    ...the Supreme Court explained, are "political subdivisions of the outlying dominion of the United States." First Nat'l Bank v. Yankton Cty., 101 U.S. 129, 133 (1879). Despite the common law's broad conception of birthright citizenship, which extended to individuals born in the territories, th......
  • Fitisemanu v. United States, Nos. 20-4017 & 20-4019
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • June 15, 2021
    ...Supreme Court explained, are "political subdivisions of the outlying dominion of the United States." First Nat'l Bank v. Yankton Cty. , 101 U.S. 129, 133, 25 L.Ed. 1046 (1879).Despite the common law's broad conception of birthright citizenship, which extended to individuals born in the terr......
  • U.S. v. Sanchez, No. 90-5749
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 4, 1993
    ...applies to the Territory of New Mexico despite unconstitutionality of FELA with regard to the states); National Bank v. County of Yankton, 101 U.S. 129, 25 L.Ed. 1046 (1880) (Congressional annulment and reenactment of statute passed in territorial legislature of South Dakota authorized loca......
  • Request a trial to view additional results
109 cases
  • Hueter v. Kruse, Civ. 21-00226 JMS-KJM
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Hawaii)
    • December 17, 2021
    ...” including the power to “make a void Act of the territorial government valid, and a valid Act void.” Nat'l Bank v. Cnty. of Yankton, 101 U.S. 129, 133 (1880); see also Sere v. Pitot, 10 U.S. 332, 336-37 (1810); Am. Ins. Co. v. 356 Bales of Cotton, 26 U.S. 511, 542-43 (1828). These territor......
  • Fitisemanu v. United States, No. 20-4017
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • June 15, 2021
    ...the Supreme Court explained, are "political subdivisions of the outlying dominion of the United States." First Nat'l Bank v. Yankton Cty., 101 U.S. 129, 133 (1879). Despite the common law's broad conception of birthright citizenship, which extended to individuals born in the territories, th......
  • Fitisemanu v. United States, Nos. 20-4017 & 20-4019
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • June 15, 2021
    ...Supreme Court explained, are "political subdivisions of the outlying dominion of the United States." First Nat'l Bank v. Yankton Cty. , 101 U.S. 129, 133, 25 L.Ed. 1046 (1879).Despite the common law's broad conception of birthright citizenship, which extended to individuals born in the terr......
  • U.S. v. Sanchez, No. 90-5749
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • June 4, 1993
    ...applies to the Territory of New Mexico despite unconstitutionality of FELA with regard to the states); National Bank v. County of Yankton, 101 U.S. 129, 25 L.Ed. 1046 (1880) (Congressional annulment and reenactment of statute passed in territorial legislature of South Dakota authorized loca......
  • Request a trial to view additional results
1 books & journal articles
  • Federal Water Rights in the Colorado River
    • United States
    • ANNALS of the American Academy of Political and Social Science, The Nbr. 135-1, January 1928
    • January 1, 1928
    ...(Bruns- such of its lands to the United States as wick First National Bank v. Yankton at any time are needed for irrigation works Co., 101 U. S. 129; Baca v. in connection with any such Government 8 N. M. 187, 42 Pac. 162.) Were project; and other lands in lieu thereof Arizona still a terri......

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