Cherokee Nation v. Southern Kansas Ry. Co.,
Annotate this Case
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
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
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.