McGowan v. Columbia River Packers' Assn.
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. Besides diverse citizenship, the amended bill showed on its face that federal questions were involved. It based the alleged right to exclusive fishery upon the government ownership of the premises and the lease thereof from the Secretary of War.
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APPEAL PROM THE CIRCUIT COURT OF APPEALS FOR THE NINTH CIRCUIT. The case is stated in the opinion. Besides diverse citizenship, the amended bill showed on its face that federal questions were involved. It based the alleged right to exclusive fishery upon the government ownership of the premises and the lease thereof from the Secretary of War. To sustain this contention requires a construction of the President’s proclamation withdrawing the Island and a definition of the powers of the Secretary under the act of Congress authorizing leases (27 Stat. 231), as well as a determination of the…
1Opinion of the CourtJustice Holmes
This is a suit brought by the appellee, the Columbia River Packers’ Association, as lessee from the United States of fishing sites and riparian rights on Sand Island in the Columbia River, to compel the appellants to remove certain obstructions placed by them upon the bottom of the channel of the river in front of the plaintiff’s premises, and to refrain from longer maintaining them there. Upon a bond being given a restraining order was issued on July 7, 1908; answers and a cross-bill were filed in the following August, and a demurrer to the cross-bill was overruled on October 21 of the same…
2Cases cited6 opinions
- Nielsen v. OregonSupreme Court of the United States · 1909
- Wedding v. MeylerSupreme Court of the United States · 1904
- Washington v. OregonSupreme Court of the United States · 1908
- Cummins v. BennettNew York Court of Chancery · 1840
- Washington v. OregonSupreme Court of the United States · 1909
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3Cited by17 opinions
- Jones v. Securities & Exchange CommissionSupreme Court of the United States · 1936
- Ex Parte Skinner & Eddy Corp.Supreme Court of the United States · 1924
- United Motors Service, Inc. v. Tropic-Aire, Inc.Court of Appeals for the Eighth Circuit · 1932
- Gerhard v. Terminal Railroad Ass'n of St. LouisSupreme Court of Missouri · 1957
- Miller v. McLaughlinSupreme Court of the United States · 1930
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