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CHEROKEE NATION V. SOUTHERN KANSAS RY. CO., 135 U. S. 641 (1890)

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U.S. Supreme Court

Cherokee Nation v. Southern Kansas Ry. Co., 135 U.S. 641 (1890)

Cherokee Nation v. Southern Kansas Railway Company

No. 664

Argued March 12, 1890

Decided May 19, 1890

135 U.S. 641

APPEAL FROM THE DISTRICT COURT OF THE UNITED

STATES FOR THE WESTERN DISTRICT OF ARKANSAS

Syllabus

The Act of Congress of July 4, 1884, 23 Stat. 73, c. 179, granting a right of way through the Indian Territory to the Southern Kansas Railway Company, for a railroad, telegraph and telephone line, is a valid exercise of the power of Congress to regulate commerce among the several states and with the Indian tribes.

The Cherokee Nation filed in the court below a bill of complaint, seeking a decree enjoining the Southern Kansas Railway Company from entering upon the lands of that nation for the purpose of constructing its proposed railway, and, if that relief could not be granted, then that its bill might be treated as an original complaint and petition in appeal as provided in § 3, c. 179, Act of July 4, 1884, 23 Stat. 73.


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