United States v. Lee
New Mexico Supreme Court
Error to the Sixth Judicial District Court before Edward A. Mann, Associate Justice. ■ Can a person acquire a right of way for a canal, ditch, reservoir or pipe line on the unsurveyed public lands of the United States without first obtaining the permission of the Department of the Interior? is to be determined from Congressional legislation upon the subject and the construction to be given such legislative acts. 26 Stat. L. 1101, 1102, 6 Eed.
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Error to the Sixth Judicial District Court before Edward A. Mann, Associate Justice. ■ Can a person acquire a right of way for a canal, ditch, reservoir or pipe line on the unsurveyed public lands of the United States without first obtaining the permission of the Department of the Interior? is to be determined from Congressional legislation upon the subject and the construction to be given such legislative acts. 26 Stat. L. 1101, 1102, 6 Eed. St. Ann., pp. 508-510; Whitemore v. Pleasant Valley Coal Co., 27 Utah 284; 28 Stat. L. 635, 6 Eed. Stat. Ann. 510; 29 Stat. L. 120, ch. 179, 6 Eed.…
1Opinion of the Court
OPINION OF THE COURT.
McFIE, J.
There is but one question for determination in this case and that is whether or not the defendants, or Oliver M. L'ee, the demurrant herein, could acquire a right of way for a canal, ditch, reservoir, or pipe line such as he contemplated constructing, or had partially constructed, on and over the unsurveyed public lands,of the United States without first having obtained the permission of the Department of the Interior as provided by'the statute .in regard to surveyed public domain. In the lower court this seems to have been conceded to be the only question for…
2Cases cited2 opinions
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Washington & I. R. Co. v. Coeur d'Alene Ry. & Nav. Co.U.S. Circuit Court for the District of Idaho · 1892
3Cited by6 opinions
- Sturgeon v. BrooksWyoming Supreme Court · 1955
- CITY & COUNTY OF DENVER, ETC. v. BerglandDistrict Court, D. Colorado · 1981
- United States v. Utah Tower & Light Co.District Court, D. Utah · 1913
- Pine River Irrigation District v. United StatesDistrict Court, D. Colorado · 2009
- United States v. Henrylyn Irr. Co.District Court, D. Colorado · 1912
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