SOUTHERN OREGON COMPANY
v.
UNITED STATES
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The Supreme Court remanded a dispute between Southern Oregon Company and the United States concerning lands originally granted to Oregon for the construction of a military wagon road, after the parties settled their differences pursuant to a 1919 congressional act authorizing the company to reconvey those lands. The Court authorized the District Court to modify its final decree to implement the settlement agreement and the statutory provisions.
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Considering the suggestion made to the court by the parties to the above-entitled cause, that all matters of difference between them arising out of the subject-matter of this litigation have been satisfactorily adjusted and settled pursuant to the provisions (of the Act of Congress approved February 26, 1919, entitled “An Act To accept from the Southern Oregon Company, a corporation organized undér the laws of the State of Oregon, a reconveyance of the lands granted to the State of Oregon by the Act approved March third, eighteen hundred and sixty-nine, entitled 'An' Act granting lands to the State of Oregon to aid in the construction of a military wagon road from the navigable waters of Coos Bay to Roseburg, id said State,’ commonly known as the Coos Bay Wagón Road grant, to provide for the disposition of said lands, and for other purposes^” and, further, considering the joint motion by the said parties to remand the cause, It is hereby ordered that this cause be, and the same is hereby, remanded to the District Court, with authority in that court to modify the final decree, in the cause so as tó carry into effect the said Act of Congress of February 26, 1919.
Mr. John M. Gearin for appellant. The Solicitor General for the United States.
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United States v. Pan-American Petroleum Co., 55 F.2d 753 (9th Cir. 1932)…n a different claim or demand.” Judge Gilbert of this court adverted to the same principle in Southern Oregon Co. v. United States, 241 F. 16, 23, 24; remanded for modification in conformance with statute passed after judgment had been handed down, 249 U. S. 589, 39 S. Ct. 387, 63 L. Ed. 791: “In none of those eases did the government seek to establish title to any of the lands herein involved, or to compel the observance of the covenants contained in the grant. The most that ean be said for the prior suits…