Curtin v. Benson
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP CALIFORNIA.. The facts, which involve the validity of rules made by the Secretary of the Interior in regard to grazing cattle on private lands within the limits of Yosemite Park, are stated in the opinion.
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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE NORTHERN DISTRICT OP CALIFORNIA.. The facts, which involve the validity of rules made by the Secretary of the Interior in regard to grazing cattle on private lands within the limits of Yosemite Park, are stated in the opinion. The Department of the Interior has no right to make, or enforce any rules respecting the use of prívate property or public toll roads within the State of California, for that State has not ceded to the United States its political jurisdiction over the Yosemite Park. The United States is simply an ordinary…
1Opinion of the CourtJustice McKenna
This suit was brought in the Superior Court of Tuolumne County, State of California, against the appellee, Benson, and others, who were soldiers under Benson, to enjoin them from driving appellant’s stock from-his lands or by any means interfering with them, and from preventing ■appellant driving his stock to his lands over certain toll roads. The case was removed to the United States Circuit Court for the Northern District of California where, after hearing, final judgment was rendered dismissing the bill of complaint.
The facts as agreed to, and established by evidence., supplementing the…
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