 | Law reports, digests, etc - 1890 - 1130 pages
...confirmed. " This section, said Mr. Justice MILLER, in Broder v. Water Co., 101 US 274, 276, "was rather a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one." By section 17 of the act of July !), 1870,... | |
 | Electronic journals - 1883 - 710 pages
...in patents such right in water appropriated, when recognized by local customs and laws, "was rather a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one." (Broder \. Natoma W. & M. Co., 11 Otto, 274.)... | |
 | Law reports, digests, etc - 1884 - 1006 pages
...passage of the act of 1866. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one." Much other authority, in the decisions of... | |
 | Law reports, digests, etc - 1884 - 938 pages
...passage of the act of 1866. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one." Much other authority, in the decisions of... | |
 | Law reports, digests, etc - 1886 - 866 pages
...mining regions were such as the government was bound to protect, and that the statute was " rather л voluntary recognition of a pre-existing right of possession constituting a valid claim to its continued use than the establishment of a new one:" Broder v. Natoma Water Co., 101 US 274. THIS... | |
 | Law reports, digests, etc - 1886 - 940 pages
...recognized or acknowledged by the local customs, etc., "shall be maintained and protected," "was rather a recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one." But this language is to be interpreted in... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1888 - 978 pages
...passage of the act of 1866. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one": Co/fin v. Left-hand Ditch Co., G Col. 443;... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1890 - 542 pages
...Court of the Opinion of the Court — Belknap, J. United States declared that the statute was rather a voluntary recognition of a pre-existing right of possession, constituting a valid claim to its continued use, than the establishment of a new one; and, following this view, the construction... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1890 - 784 pages
...confirmed." This section, said Mr. Justice Miller, in Broder v. Water Co., 101 US 274, 276, " was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim to its continued use, than the establishment of a new one." By section 17 of the act of July 9, 1870,... | |
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... region where such artificial use of the water was an absolute necessity, are rights which the Government had by its conduct recognized and encouraged and was bound to protect before the passage of the act of 1866. 
