Hynes, Regional Director, Fish and Wildlife Service, Department of the Interior, v. Grimes Packing Co. et al. (337 U.S. 86)
U.S. Supreme Court · decided May 31, 1949 · Supreme Court Database (Spaeth)
- Citation
- 337 U.S. 86 · 69 S. Ct. 968
- Decided
- May 31, 1949
- Term
- October Term 1948
- Vote
- 5–4
- Majority author
- Justice Reed
- Issue area
- Civil Rights
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Mr. Justice Reed delivered the opinion of the Court. The Secretary of the Interior on May 22, 1943, issued Public Land Order 128. It is set out in full below. In this case the significant part of No. 128 is that the Secretary included in the reservation, by paragraph 2, adjacent tidelands and coastal waters along tht entire shore line of the uplands that touched Shelikof StrL H between Kodiak Island and the Alaska Peninsula. The authority of the Secretary to utilize presidential power in the designation of this reservation out of public lands in Alaska flows from a delegation to the Secretary of presidential power to withdraw or reserve public lands and revoke or modify prior reservations. Executive Order No. 9146, of April 24, 1942, 1 C. F. R., Cum. Supp. 1149. The presidential power over reservations is made specific by the Act of June 25, 1910. Another statutory provision, however, is the principal basis for Order 128. This is § 2 of the Act of May 1-, 1936, 49 Stat. 1250. This act was passed to extend to Alaska the benefits of the Wheeler-Howard Act of June 18, 1934, 48 Stat. 984, and to provide for the designation of Indian reservations in Alaska. As § 2 is important in our discussion, the pertinent provisions are set out in full: “Sec. 2. That the Secretary of the Interior is hereby authorized to designate as an Indian reservation any area of land which has been…
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