United States v. Morrison

Background

The United States sued to quiet title to a section of land in Oregon that the State had later sold for school use. Congress had offered sections 16 and 36 in each township to Oregon for schools when the State joined the Union. A field survey of the township was begun in 1902 and various field notes were sent to the General Land Office, but the Commissioner did not finally accept the survey until January 31, 1906. Meanwhile, the Secretary of the Interior temporarily withdrew the land for forestry use on December 16, 1905, and the President enlarged a forest reserve including the section in January 1907. The State issued certificates and a deed to private buyers in late 1906 and early 1907, and the United States challenged that title.

Reasoning

The Court addressed whether the State’s school-land title vested before the Government’s forestry withdrawal. It explained that the State’s grant depends on an official identification of the specific land by an authorized survey, including final approval by the Commissioner. Because the survey was still pending official approval when the Secretary withdrew the lands for forest purposes, title had not yet vested in the State. The Court therefore treated the withdrawal as a valid federal disposition that prevented the State’s title from maturing.

Real world impact

The decision means title to federal public lands does not automatically pass to a State until the authorized survey and departmental approval are complete. Where the Government lawfully withdraws or reserves land before that administrative act is finished, the State cannot claim the school section and must be compensated or given indemnity lands according to the statutes.