Bacheldor v. United States
Court of Appeals for the Eighth Circuit
In Error to the Supreme Court of the Territory of New Mexico. Samuel L. Bacheldor, the plaintiff in. error, was indicted in the territorial court for the First judicial district of the territory of New Mexico, for unlawfully cutting certain timber on public lands in said territory. He justified the cutting and removal of the timber in question on the ground that he was an agent of the Denver & Rio.
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In Error to the Supreme Court of the Territory of New Mexico. Samuel L. Bacheldor, the plaintiff in. error, was indicted in the territorial court for the First judicial district of the territory of New Mexico, for unlawfully cutting certain timber on public lands in said territory. He justified the cutting and removal of the timber in question on the ground that he was an agent of the Denver & Rio. Grande Railroad Company, and that the timber had been cut for the benefit of the railroad company, in pursuance of the provisions of an act of congress approved June 8, 1872 (17 Stat. 339, c. 354),…
1Opinion of the CourtThayer, Circuit Judge
The sole question to be considered upon this record is the meaning of the word “adjacent,” as used in the act of congress of June 8, 1872, the substance of which is quoted above in the statement. This question has given rise to some difference of opinion among the various courts who have had occasion to consider it. In one case it was held that lands lying at a considerable distance from the line of the defendant’s road were adjacent thereto, within the fair intent and meaning of the statute, if they were within reasonable hauling distance by wagon. U. S. v. Denver & R. G. Ry. Co., 31 Fed.…
2Cases cited3 opinions
- Stone v. United StatesCourt of Appeals for the Ninth Circuit · 1894
- United States v. ChaplinUnited States Circuit Court · 1887
- United States v. Denver & R. G. Ry. Co.District Court, D. Colorado · 1887
3Cited by4 opinions
- Denver & R. G. R. Co. v. United StatesCourt of Appeals for the Eighth Circuit · 1903
- United States v. Denver & R. G. R.U.S. Circuit Court for the District of Colorado · 1911
- United States v. St. Anthony R.Court of Appeals for the Ninth Circuit · 1902
- United States v. Denver & Rio Grande RailroadNew Mexico Supreme Court · 1901