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Supreme Court of the United States
Argued November 1, 4, 1901 ; May 5, 1902
No. 4. Original
[*382] [**654] [***961] MR. JUSTICE BREWER delivered the opinion of the court.
A preliminary question is one of jurisdiction. It is true counsel for defendants did not raise the question, and evidently both parties desire that the court should ignore it and dispose of the case on the merits. But the silence of counsel does not waive the question, nor would the express consent of the parties give to this court a jurisdiction which was not warranted by the Constitution and laws. It is the duty of every court of its own motion to inquire into the matter irrespective of the wishes of the parties, and be careful that it exercises no powers save those conferred by law. Consent may waive an objection so far as respects the person, but it cannot invest a [****19] court with a jurisdiction which it does not by law possess over the subject matter. The question having been suggested by the court, a brief has been presented, and our jurisdiction sought to be sustained on several grounds. The question is one of the original and not of the appellate jurisdiction. The pertinent constitutional provisions are found in section 2 of article III, as follows:
] "The judicial power shall extend to all cases in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State or the citizens thereof and foreign States, citizens or subjects.
"In all cases affecting ambassadors, other public ministers [*383] and consuls, and those in which a State shall be [****20] party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make."
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185 U.S. 373 *; 22 S. Ct. 650 **; 46 L. Ed. 954 ***; 1902 U.S. LEXIS 2201 ****
MINNESOTA v. HITCHCOCK
Prior History: [****1] ORIGINAL
reservation, treaty, sections, tract, cession, cases, judicial power, school land, townships, purposes, extends, right of occupancy, public land, words, appropriation, disposed, parties, promise, terms, tribe, set apart, schools, ceded, original jurisdiction, Territory, allotments, occupation, matters, limits, first paragraph
Constitutional Law, The Judiciary, Jurisdiction, General Overview, Governments, Federal Government, Claims By & Against, Courts, Courts of Claims, Civil Procedure, Federal & State Interrelationships, State Sovereign Immunity, Federal Judicial Limitations, Preliminary Considerations, Native Americans, Jurisdictional Sources, Constitutional Sources, Subject Matter Jurisdiction, Jurisdiction Over Actions, Parties, Real Party in Interest, Appeals, Appellate Jurisdiction, State Court Review, State & Territorial Governments, Authority & Jurisdiction, Property Rights, International Law, Treaty Interpretation