Butte City Water Co. v. Baker, 196 U.S. 119 (1905)
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Butte City Water Co. v. Baker, 196 U.S. 119 (1905)
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Butte City Water Company v. Baker No. 109 Argued December 16, 1904 Decided January 3, 1905 196 U.S. 119
ERROR TO THE SUPREME COURT
OF THE STATE OF MONTANA
Syllabus
While the disposal of the public lands is made through the exercise of legislative power entrusted to Congress by the Constitution, yet Congress, prescribing the main and substantial conditions thereof, may rightfully entrust to local legislatures the determination of those minor matters as to such disposal which amount to mere regulations.
Regulations made by the local legislatures in regard to the location of mining claims which are not in conflict with the Constitution and laws of the United States are not invalid as an exercise of a power which cannot be delegated by Congress, and such regulations must be complied with in order to perfect title and ownership under the mining laws of the United States
Even if doubts exist were the matter wholly res integra, and although consequences may not determine a decision, this Court will pause before declaring invalid legislation long since enacted, and the validity whereof has been upheld by state courts and recognized by this Court, and on the faith of which property rights have been built up and countless titles rest which would be unsettled by an adverse decision.
The regulations contained in § 3612 of the Montana Code are not invalid as being too stringent, and therefore in conflict with the liberal purpose manifested by Congress in its legislation respecting mining claims.
The facts are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Butte City Water Co. v. Baker, 196 U.S. 119 (1905) in 196 U.S. 119 196 U.S. 120–196 U.S. 122. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=8XJNV44KP9WC3QM.
MLA: U.S. Supreme Court. "Syllabus." Butte City Water Co. v. Baker, 196 U.S. 119 (1905), in 196 U.S. 119, pp. 196 U.S. 120–196 U.S. 122. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8XJNV44KP9WC3QM.
Harvard: U.S. Supreme Court, 'Syllabus' in Butte City Water Co. v. Baker, 196 U.S. 119 (1905). cited in 1905, 196 U.S. 119, pp.196 U.S. 120–196 U.S. 122. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=8XJNV44KP9WC3QM.
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