UNITED STATES V. OREGON, 295 U. S. 1 (1935)

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U.S. Supreme Court

United States v. Oregon, 295 U.S. 1 (1935)

United States v. Oregon

No. 13, original

Argued March 12, 1935

Decided April 1, 1935

295 U.S. 1

1. An Executive Order setting aside a nonnavigable lake on the public domain as a bird reservation was within the authority of the President, though made before the effective date of the Migratory Bird Treaty Act of July 3, 1918. P. 295 U. S. 10.

2. Title to land within the meander line of a nonnavigable lake on the public domain did not pass to the State as an incident to ownership of abutting uplands granted by the United States as school land, where, prior to approval of the survey of the uplands, the lake had been set aside by Executive Order as a federal reservation. P. 295 U. S. 9.

3. Acceptance by a other lands in lieu of lands within the meander line of a nonnavigable lake adjacent to uplands granted it as school lands held a practical construction of the boundary and a relinquishment of a claim to title within the meander. P. 295 U. S. 10.

4. In a suit by the United States against a State to quiet title to the bed of a lake on which the State owns part of the uplands bordering the meander line, the owners of other parts of the uplands in like situation are not necessary parties, and their rights will not be affected by the decree. P. 295 U. S. 12.

5. Upon the admission of a State to the Union, the title of the United States to lands underlying navigable waters within the State passes to it, as incident to the transfer to the local sovereignty, and is subject only to the paramount power of the United States to control such waters for purposes of navigation in interstate and foreign commerce. P. 295 U. S. 14.

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