Bean v. Morris
Supreme Court of the United States
certiorari to the circuit court of appeals for the ninth circuit. The facts are stated in the opiniori.
1Opinion of the CourtJustice Holmes
delivered Hie opinion of the court.
This suit was brought by the respondent, Morris, to prevent the petitioners from so diverting the waters of Sage. Creek in Montana as to interfere with an alleged prior right of Morris, by appropriation, to two hundred and fifty inches of such waters in Wyoming. Afterwards the other respondent, Howell, was allowed to intervene and make a similar claim. Sage Creek is a small creek, not navigable, that joins the Stinking Water in Wyoming, the latter stream flowing into the Big Horn, which then flows back northerly into Montana again, and unites with the…
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