Butte City Water Co. v. Baker
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF MONTANA. The facts are stated in the opinion. Congress cannot Relegate to a State the authority to legislate upon the sufficiency of records of location of mining claims, that being one of the steps in the disposition of public lands. Mares v. Dillon, 75 Pac. Rep. 963. Congress is vested with authority to regulate the disposal of the public lands. Sec. 3, Art. IV, Const.
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ERROR TO THE SUPREME COURT OP THE STATE OF MONTANA. The facts are stated in the opinion. Congress cannot Relegate to a State the authority to legislate upon the sufficiency of records of location of mining claims, that being one of the steps in the disposition of public lands. Mares v. Dillon, 75 Pac. Rep. 963. Congress is vested with authority to regulate the disposal of the public lands. Sec. 3, Art. IV, Const. U. S.; Pollard v. Hagan, 3 How. 224; De Lima v. Bidwell, 182 U. S. 197; Jourdan v. Barrett, 4 How. 169, 185; Russell v. Lowth, 18 Am. Rep. 389; United States v. Hughes, 11 How. 552,…
1Opinion of the CourtJustice Brewer
This was an action of ejectment brought in the District Court of Silver Bow County, Montana. The dispute was between two locations of the same mining ground. The defendant’s location was adjudged invalid by the trial court, and its decision was affirmed by the Supreme Court of the State, on the ground of a failure to comply with certain Montana statutes. 28 Montana, 222. These statutes contained regulations concerning the location of mining claims in addition to those prescribed by Congressional legislation, and the question is as to the validity of those additional requirements.
Section 2319,…
2Cases cited6 opinions
- Belk v. MeagherSupreme Court of the United States · 1881
- Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Jackson v. RobySupreme Court of the United States · 1883
- Kendall v. San Juan Silver Mining Co.Supreme Court of the United States · 1892
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3Cited by65 opinions
- A. L. A. Schechter Poultry Corp. v. United StatesSupreme Court of the United States · 1935
- United States v. GrimaudSupreme Court of the United States · 1911
- Knickerbocker Ice Co. v. StewartSupreme Court of the United States · 1920
- United States v. Midwest Oil Co.Supreme Court of the United States · 1915
- Light v. United StatesSupreme Court of the United States · 1911
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