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United States Vs. Oregon
Cites for this judgment
- US Supreme Court
- Apr 01, 1935
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U.S. 1 (1935) U.S. Supreme Court United States v. OregonSearch
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U.S. 1 (1935) United States v. OregonSearch
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to statehood. If the waters were navigable in fact, title passed to the State upon her admission to the Union. Shively v. BowlbySearch
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Oklahoma v. TexasSearch
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U. S. 574 , 258 U. S. 583 , 258 U. S. 591 . United States v. UtahSearch
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statutory grant to the State of school and indemnity lands in the act admitting Oregon to statehood. See United States v. MorrisonSearch
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S. 192 . The state contends Page 295 U. S. 7 that the common law rule, applied by this Court in Hardin v. JordanSearch
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granted lands upon the meander line fronting on the easterly side of Mud Lake, a distance of 72.31 chains. See Hardin v. JordanSearch
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July 3, 1918, c. 128, 40 Stat. 755, we conclude that the master's determination was correct. See United States v. MidwestSearch
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to any interest in the adjacent land within the meander line. This was done because he thought the rule of Hardin v. JordanSearch
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States to patentees of lands bordering upon the meander line boundary were comparable to those involved in Hardin v. JordanSearch
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As they are not parties, their rights cannot be affected by any decree to be entered in the present suit. Priest v. LasSearch
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either (2) under the doctrine of Hardin v. JordanSearch
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by the sovereign of the lands to be held in private ownership or transfer of sovereignty itself. See Massachusetts v. NewSearch
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of the United States to land underlying them remains unaffected by the creation of the new State. See United States v. UtahSearch
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in the present case, the waters are not capable of use for navigation in interstate or foreign commerce. United States v. HoltSearch
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Brewer-Elliott Oil & Gas Co. v. UnitedSearch
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finding embodies the appropriate tests of navigability as laid down by the decisions of this Court. See United States v. HoltSearch
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Economy Light & Power Co. v. UnitedSearch
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United States v. RioSearch
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exceptions, the trappers appear Page 295 U. S. 21 to have waded or walked. See Toledo Liberal Shooting Co. v. ErieSearch
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general and common usefulness for purposes of trade and commerce which is essential to navigability. See United States v. RioSearch
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or ponds large enough to float a boat, but which nevertheless were held to lack navigable capacity. See United States v. RioSearch
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Leovy v. UnitedSearch
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North American Dredging Co. v. MintzerSearch
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Toledo Liberal Shooting Co. v. ErieSearch
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Harrison v. FiteSearch
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Pacific Live Stock Co. v. ArmackSearch
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previous meander lines, has repeatedly recognized that Lake Malheur is nonnavigable. See French Glenn Live Stock Co. v. SpringerSearch
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Cawlfield v. SmythSearch
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Bailey v. MalheurSearch
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of the United States to Maintain the Suit Oregon contends that the State has never adopted the rule of Hardin v. JordanSearch
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never been applied by this Court, and further is not applicable to lakes the size of Malheur and Harney. See Stewart v. TurneySearch
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Granger v. CanandaiguaSearch
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Richardson v. SimsSearch
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Boardman v. ScottSearch
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to support the bill, is subject to possibly superior rights in third persons not parties to the suit. Van Wyck v. KnevalsSearch
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See also Gridley v. WynantSearch
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Clipper Mining Co. v. EliSearch
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basis for relief in equity to remove the cloud created by the assertion of any inferior title of the State. Wehrman v. ConklinSearch
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Sharon v. TuckerSearch
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U.S. Supreme Court United States v. OregonSearch
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the Union. Shively v. BowlbySearch
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