Moore v. Cormode

Background

The dispute involves land that lies inside the Northern Pacific Railroad Company's indemnity limits shown on its map of definite location filed in October, 1880. In November, 1880, the Secretary of the Interior ordered the local land office to withdraw and hold reserved “from sale or homestead or other entry” all odd-numbered sections within those indemnity limits, relying on the act of July 2, 1861 and the filing and acceptance of the company’s map.

Reasoning

The central question was whether the Secretary could immediately withdraw those odd-numbered sections from the preemption and homestead laws upon filing and accepting the railroad’s map. The Court accepted the construction of the 1861 statute reflected in the Land Department decision Northern Pacific Railroad v. Miller and in the opinion just delivered in Hewitt v. Schultz, and concluded that the Secretary’s withdrawal was proper. As a result, the Washington Supreme Court’s judgment was affirmed, effectively favoring the position that reserved the listed sections.

Real world impact

Because the Court accepted that construction and affirmed the lower court, the affected odd-numbered sections will remain withdrawn from sale or homestead while that interpretation is followed. That outcome limits immediate access to those specific public lands for would-be settlers or buyers and tells land offices to apply the same rule in similar railroad grant cases. The opinion did not decide other legal questions raised at the bar.

Dissents or concurrances

One Justice concurred in the result, and two Justices dissented; the provided text gives no further detail about their separate reasoning.