Hamp v. State
Wyoming Supreme Court
ERROR to the District Court, Uinta County; Hon. David H. Craig, Judge. The material facts are stated in the opinion. The control of a ditch or headgate by the water commissioner is a deprivation of or damage to private property within the inhibition of the constitution.
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ERROR to the District Court, Uinta County; Hon. David H. Craig, Judge. The material facts are stated in the opinion. The control of a ditch or headgate by the water commissioner is a deprivation of or damage to private property within the inhibition of the constitution. Any authority or duty imposed upon a ministerial or executive officer to assume possession and control of property or the property rights of individuals, without their consent, can only be conferred by statute expressly conferring the authority or imposing the duty. The control given by statutes to water commissioners…
1Opinion of the Court
Potter, Justice.
Clark G. Hamp was tried and convicted before a justice of the peace of the statutory offense of willfully interfering with the headgate of an irrigating ditch without authority. He appealed to the district court, where he was again convicted and was fined in the sum of twenty-five dollars and ordered to pay the costs taxed in the case. The complaint or information charges that on the 26th day of May, 1908, in the county of Uinta, the said Hamp did “willfully and without authority, close, change and interfere with the headgate of the ditch known as the Desert Ditch No. 2 and…
2Cases cited16 opinions
- Ohio Oil Company v. IndianaSupreme Court of the United States · 1900
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- Farmers Independent Ditch Co. v. Agricultural Ditch Co.Supreme Court of Colorado · 1896
- Crawford v. Ferguson, County JudgeCourt of Criminal Appeals of Oklahoma · 1911
- Whalon v. North Platte Canal & Colonization Co.Wyoming Supreme Court · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- American Medical Ass'n v. United StatesCourt of Appeals for the D.C. Circuit · 1942
- In Re Rights to Use Water in Big Horn RiverWyoming Supreme Court · 1988
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Quinn v. John Whitaker Ranch Co.Wyoming Supreme Court · 1939
- Laramie Irrigation & Power Co. v. GrantWyoming Supreme Court · 1932
18 more not listed; retrieve them via the Exa API.