Atchison v. Peterson
Supreme Court of the United States
Appeal from the Supreme Court of the Territory of Montana.. Atchison and others filed a bill in the District Court of the Territory just named, for an injunction to restrain Peterson and others from carrying on certain mining operations on a creek in the county of Clark and Lewis, in the said Territory, known as the Ten-Mile Creek. The bill alleged that the water, diverted by the complainants from the stream for mining purposes, was deteriorated in quality and value.
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Appeal from the Supreme Court of the Territory of Montana.. Atchison and others filed a bill in the District Court of the Territory just named, for an injunction to restrain Peterson and others from carrying on certain mining operations on a creek in the county of Clark and Lewis, in the said Territory, known as the Ten-Mile Creek. The bill alleged that the water, diverted by the complainants from the stream for mining purposes, was deteriorated in quality and value. It appeared from the evidence that the Complainants .were the owners of two ditches or canals, .known respectively as the…
1Opinion of the CourtJustice Field
By the custom which has obtained among miners in the Pacific States and Territories, where mining for the precious metals is" had on the public lands of the United States, the first appropriator of mines, whether in placers, veins, or lodes, or of waters in the streams on such lands for mining purposes, is held to have, a better right than others to work the mines or use the waters. The first appropriator who subjects the property to use, or takes the necessary steps for that purpose, is regarded, exceptas against the government, as the source of title in all controversies relating to the…
2Cited by112 opinions
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- Wyoming v. ColoradoSupreme Court of the United States · 1922
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