OCR Text |
Show 285 Beard v. Federy, 70 U. S. (3 Wall.) 478 (1865). In Cragin v. Powell, supra, the Court said: "... the power to make and correct surveys of the public lands belongs to the political department of the government and that, whilst the lands are subject to the supervision of the General Land Office, the decisions of that bureau in all such cases . . . are unassailable by the courts, except by a direct proceeding; and that the latter have no concurrent or original power to make similar corrections, if not an elementary principle of our land law, is settled by such a mass of decisions of this court that its mere statement is. sufficient."61 It is equally clear that the 1928 survey was made within the jurisdiction of the General Land Office. At the time of the survey that department was vested with authority to supervise the surveying and sale of the public lands of the United States. Rev. Stat. § 453 (1875). Moreover, by Section 6 of the Act of April 8, 1864, the Congress provided that: "... hereafter, when it shall become necessary to survey any Indian or other reservations, or any lands, the same shall be surveyed under the direction and control of the general land-office, and as nearly as may be in conformity to the rules and regulations under which other public lands are surveyed."02 A General Land Office survey of an Indian Reservation made pursuant to this statute has been held not subject to collateral attack. French v. United States, 49 Ct. Cls. 337 (1914). Even if the 1928 survey is not conclusive as to the correct western boundary of the Hay & Wood Reserve, it nevertheless constitutes the best and most substantial 61128 U. S., at 698-99. «213 Stat. 41 (1864); 25 U.S.C. § 176 (1958). |
Source |
Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California |