California v. Deseret Water, Oil & Irrig. Co., 243 U.S. 415 (1917)

California v. Deseret Water, Oil & Irrigation Company


No. 269


Argued January 29, 1917
Decided March 26, 1917
243 U.S. 415

ERROR TO THE SUPREME COURT
OF THE STATE OF CALIFORNIA

Syllabus

When the decision of the state court in the application of state laws to real property is controlled by a construction of federal statutes concerning the title, which were relied on by the party complaining, this Court has jurisdiction to review the judgment.

When a forest reservation is made to include a school section previously surveyed, the state may waive its right to the section and select other lands in lieu, under §§ 2275, 2276, Rev.Stats., as amended by the Act of March 3, 1891, c. 384, 26 Stat. 796.

This Court will not readily disturb a construction of a land law by the Land Department which, though differing from an earlier one, has been adopted on full consideration and long consistently adhered to by the Department, and upon the faith of which large acreages have been acquired and large expenditures have been made.

167 Cal. 147 reversed.

The case is stated in the opinion.