Melville Fuller

“ The Mountain View Mining & Milling Company had made application for a patent on a certain lode-mining claim in the land office at Spokane, Washington, against which McFadden and others duly filed their protest and adverse claim, and thereupon brought this action 'in aid of their said adverse claim, and to determine the right of possession,' in the superior court of Stevens county, Washington, which was removed on the mining company's petition into the circuit court of the United States for the district of Washington, but not on the ground of diverse citizenship. ”

“ It is conceded by counsel on both sides that those decisions are controlling, unless the circuit court was entitled to maintain jurisdiction by taking judicial notice of the fact 'that the Mountain View lode claim was located upon what had been or was an Indian reservation,' and 'of the act of Congress declaring the north half of the reservation, upon which the claim was located, to have been restored to the public domain;' notwithstanding no claim based on these facts was stated in the complaint. ”