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Scott v. Lattig, 227 U.S. 229 (1913)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Scott v. Lattig, 227 U.S. 229 (1913)
Scott v. Lattig No. 86 Argued December 13, 1912 Decided February 3, 1913 227 U.S. 229
ERROR TO THE SUPREME COURT
OF THE STATE OF IDAHO
Syllabus
An error in omitting an island in a navigable stream does not divest the United States of the title or interpose any obstacle to surveying it at a later time.
Purchasers of fractional interests of subdivisions on the bank of a navigable stream do not acquire title to an island on the other side of the channel merely because the island was omitted from the survey.
Lands underlying navigable waters within the several states belong to the respective states in virtue of their sovereignty, subject to the paramount power of Congress to control navigation between the states and with foreign powers.
Each new state, upon its admission to the Union, becomes endowed with the same rights and powers in regard to sovereignty over lands under navigable waters as the older state.
An island within the public domain in a navigable stream and actually in existence at the time of the survey of the banks of the stream, and also in existence when the state within which it was situated is admitted to the Union, remains property of the United States, and, even though omitted from the survey, it does not become part of the fractional subdivisions on the opposite bank of the stream, and so held as to an island in Snake River, Idaho. United States v. Mission Rock Co., 189 U.S. 391, followed; Whitaker v. McBride, 197 U.S. 510, distinguished.
17 Idaho 506 reversed.
The facts, which involve the title to an island in a navigable river and whether it remained public land after the survey, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Scott v. Lattig, 227 U.S. 229 (1913) in 227 U.S. 229 227 U.S. 239. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=AUS2L1LZCKXFTAZ.
MLA: U.S. Supreme Court. "Syllabus." Scott v. Lattig, 227 U.S. 229 (1913), in 227 U.S. 229, page 227 U.S. 239. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=AUS2L1LZCKXFTAZ.
Harvard: U.S. Supreme Court, 'Syllabus' in Scott v. Lattig, 227 U.S. 229 (1913). cited in 1913, 227 U.S. 229, pp.227 U.S. 239. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=AUS2L1LZCKXFTAZ.
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