Hutchings v. Low
Supreme Court of the United States
Error to the Supreme Court of California; the ease being thus: On the 30th of June, 1864, Congress passed an act,* granting to the State of California the cleft, or gorge, in the Sierra Nevada Mountains, situated in the county of Mariposa in that State, known as the Yosemite Valley, with its branches and spurs, in estimated length fifteen miles, and in width one mile, with the stipulation that the State should accept the grant upon the express condition that the premises…
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Error to the Supreme Court of California; the ease being thus: On the 30th of June, 1864, Congress passed an act,* granting to the State of California the cleft, or gorge, in the Sierra Nevada Mountains, situated in the county of Mariposa in that State, known as the Yosemite Valley, with its branches and spurs, in estimated length fifteen miles, and in width one mile, with the stipulation that the State should accept the grant upon the express condition that the premises should be held for public use, resort, and recreation, and should be inalienable for all time, except that leases for…
1Opinion of the CourtJustice Field
The simple question presented for determination is whether a party, by mere settlement upon lands of the United States, with a declared intention to obtain a title to the same under the pre-emption laws, does thereby acquire such a vested interest in the premises as to deprive Congress of the power to divest it by a grant to another party. If such be the effect of mere settlement, with a view to pre-emption, upon the power of Congress to grant the lands occupied to another party, it must operate equally to deprive Congress of the power to reserve such lands from sale for public uses of the…
2Cited by124 opinions
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- Shiver v. United StatesSupreme Court of the United States · 1895
- Northern Pacific Railroad v. SmithSupreme Court of the United States · 1898
- Omaha & Grant Smelting & Refining Co. v. TaborSupreme Court of Colorado · 1889
- Northern Pacific R. Co. v. SmithSupreme Court of the United States · 1898
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