State of Lowa v. McFarland State of Illinois v. Same
Decision Date | 03 March 1884 |
Citation | 28 L.Ed. 198,4 S.Ct. 210,110 U.S. 471 |
Parties | STATE OF LOWA v. MCFARLAND, Com'r, etc. STATE OF ILLINOIS v. SAME |
Court | U.S. Supreme Court |
These are petitions filed in this court by each of the states of Iowa and Illinois, at the relation of its governor, relying upon the provision of an act of congress relating to its admission into the Union, by which it was agreed that 'five per cent. of the net proceeds' of lands lying within the state, and afterwards 'sold by congress,' should be appropriated for certain public uses of the state; contending that the state was thereby entitled to 5 per cent. of the value, computed at the rate of $1.25 per acre of lands disposed of by congress in satisfaction of military land warrants, and praying for a writ of mandamus to the commissioner of the general land-office, to compel him, in accordance with section 456 of the Revised Statutes, to state an account between the United States and the state, for the purpose of ascertaining the sum of money so due to the state, and to transmit the account to the comptroller of the treasury for his examination and action, to the end that that sum might be allowed and paid by the United States.
The provisions of the acts of congress, on which the petitioners rely, are as follows: The sixth section of the act of congress of March 3, 1845 c. 76, supplemental to the act of the same day by which the state of Iowa was admitted into the Union, contained, among the propositions offered to the legislature of the state for its acceptance or rejection, and which, if accepted under the authority conferred on the legislature by the convention which framed the constitution of the state, should be obligatory upon the United States, the following:
5 St. 790.
The sixth section of the act of congress of April 18, 1818, c. 67, to enable the people of the Illinois territory to form a constitution and state government, and for the admission of the state of Illinois into the Union, contained, among the propositions offered to the convention of the territory, and which, if accepted by the convention, should be obligatory upon the United States, the following:
3 St. 430, 431.
By the act of congress of March 2, 1855, c. 139, entitled 'An act to settle certain accounts between the United States and the State of Alabama,' it was enacted as follows: 'That the commissioner of the general land-office be, and he is hereby, required to state an account between the United States and the state of Alabama, for the purpose of ascertaining what sum or sums of money are due to said state, heretofore unsettled, under the sixth section of the act of March second, eighteen hundred and nineteen, for the admission of Alabama into the Union; and that he be required to include in said account the several reservations under the various treaties with the Chickasaw, Choctaw, and Creek Indians within the limits of Alabama, and allow and pay to said state five per centum thereon, as in case of other sales.' 10 St. 630.
By the act of June 3, 1857, c. 104, entitled 'An act to settle certain accounts between the United states and the state of Mississippi and other states,' it was enacted as follows:
'Section 1. That the commissioner of the general land-office be, and he is hereby, required to state an account between the United States and the state of Mississippi, for the purpose of ascertaining what sum or sums of money are due to said state, heretofore unsettled, on account of the public lands in said state, and upon the same principle of allowance and settlement as prescribed in the approved the second March, eighteen hundred and fiftyfive; and that he be required to include in said account the several reservations under the various treaties with the Chickasaw and Choctaw Indians, within the limits of Mississippi, and allow and pay to the said state five per centum thereon, as in case of other sales, estimating the lands at the value of one dollar and twenty-five cents per acre.
11 St. 200.
Each petition alleged that the state had accepted the propositions, and faithfully kept and performed on its part the conditions set forth in the act of admission; that, prior to the dates of the passage of the acts of 1855 and 1857 respectively, the 5 per cent. on the cash sales of the public lands lying within the states of Alabama and Mississippi had been regularly and periodically paid to those states respectively, so that at those dates there were no unsettled accounts, growing out of the 5 per cent. clause of the acts for the admission of those states into the Union, except for lands entered and purchased with military land warrants; and that by the act of 1857 it was the duty of the commissioner of the general land-office when required to do so, to state an account between the United States and each state upon the same principles of allowance as prescribed in the act of 1855, and by that act it was his duty, upon proper application, to state such an account for the purpose of ascertaining what sum or sums of money, theretofore unsettled under the act for the admission of the state into the Union, were due to it on account of lands lying within the state, disposed of by the United States for, or in the satisfaction and redemption of, military land warrants issued by the United States for military services. Each petition further alleged that the government of the United States, in disposing of the public lands by sale in this and other western states, adopted two methods,—one for cash; the other for the redemption of its outstanding military warrants or obligations, calling for a specific quantity of land, issued to the soldiers who had enlisted and served in the different wars of the country, under statutes enacted in advance of their enlistments, and as a compensation for their military services. Each petition suggested that by the act of August 14, 1848, c. 180, (9St. 332,) military land warrants were made receivable, at the rate of $1.25 per acre for the number of acres therein contained, in payment for any of the public lands subject to private entry; and that by the act of March 22, 1852, c. 19, (10 St. 3,) all military land warrants theretofore and thereafter issued were made assignable by the persons to whom they were issued, and also made receivable from their assignees, at the rate aforesaid per acre, in payment for any of the public lands located and taken up under the pre-emption laws of the United States. Each...
To continue reading
Request your trial-
Commissioner of Internal Revenue v. Brown
...the ordinary sense of the word, is a transfer of property for a fixed price in money or its equivalent,' State of Iowa v. McFarland, 110 U.S. 471, 478, 4 S.Ct. 210, 214, 28 L.Ed. 198; it is a contract 'to pass rights of property for money,—which the buyer pays or promises to pay to the sell......
-
West Coast Exploration Co. v. McKay
...military service can not be said to have been sold. Five Per Cent. Cases (Iowa v. McFarland and Illinois v. McFarland), 110 U.S. 471, 4 S.Ct. 210, 28 L.Ed. 198 (1884).26 Therefore selection under the Gerard Act can be made without reference to Section 2318 of the Revised Statutes, 30 U.S.C.......
-
State v. Coleman
... ... 338, Laws of Montana (1977)). In the same enactment new death penalty statutes were codified in sections 95-2206.6 ... ...
-
Coleman v. Risley
... ... Henry RISLEY, Warden, Montana State Prison, and Michael T ... Greely, Attorney ... So your client now makes the same proposition to the State as Nank has? ... In Gacy v. Illinois, Justice Marshall argued that a statute which ... ...