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Kirk v. Olson, 245 U.S. 225 (1917)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kirk v. Olson, 245 U.S. 225 (1917)
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Kirk v. Olson No. 81 Argued November 23, 1917 Decided December 10, 1917 245 U.S. 225
ERROR TO THE SUPREME COURT
OF THE STATE OF SOUTH DAKOTA
Syllabus
A finding of mineral character made in allowing an entry under the placer mining law is subject to be reconsidered and reversed by the Land Department at any time before the patent issues, upon due notice to the parties interested.
Where land embraced in conflicting placer and homestead entries is found, upon hearing in the Land Department, to be nonmineral and therefore is patented to the homesteader, the finding does not conclude a claimant under the placer entry who was not notified and given opportunity to be heard; a trust might be declared in his favor if he proved the land mineral; but not when the evidence confirms the Department’s finding.
35 S.D. 620 affirmed.
The case is stated in the opinion.
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Chicago:
U.S. Supreme Court, "Syllabus," Kirk v. Olson, 245 U.S. 225 (1917) in 245 U.S. 225 245 U.S. 226. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=Z4Z3QZBPHEQJRCS.
MLA:
U.S. Supreme Court. "Syllabus." Kirk v. Olson, 245 U.S. 225 (1917), in 245 U.S. 225, page 245 U.S. 226. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=Z4Z3QZBPHEQJRCS.
Harvard:
U.S. Supreme Court, 'Syllabus' in Kirk v. Olson, 245 U.S. 225 (1917). cited in 1917, 245 U.S. 225, pp.245 U.S. 226. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=Z4Z3QZBPHEQJRCS.
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