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Caldwell v. United States, 250 U.S. 14 (1919)
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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.
Caldwell v. United States, 250 U.S. 14 (1919)
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Caldwell v. United States No. 325 Submitted April 23, 1919 Decided May 19, 1919 250 U.S. 14
APPEAL FROM THE COURT OF CLAIMS
Syllabus
The provision of the General Railroad Right of Way Act of March 3, 1875, granting a beneficiary railroad company the right to take from the public lands adjacent to its line timber necessary for the construction of its railroad must be strictly construed, and does not permit that portions of trees remaining after extraction of ties be appropriated either as a means of business or profit or to compensate the agents employed by the railroad to do the tie-cutting. P. 19.
A grant of "timber" for purposes of railroad construction is not a grant of "trees." P. 21.
Section 8 of the Act of March 3, 1891, c. 561, 26 Stat. 1089, enacting that, in proceeding growing out of trespasses on public timber lands in Colorado and some other states, it shall be a defense that the cutting or removal was by a resident of the state for agricultural, mining, manufacturing, or domestic purposes, under rules of the Interior Department, etc., but providing that nothing in the act contained shall operate to enlarge the right of any railway company to cut timber on the public domain, gives no protection to persons who, having cut ties as agents of a railroad company under the Act of March 3, 1875, supra, seek to appropriate the remaining tops of the trees cut for the purpose of sale. P. 21.
The right to take timber granted by the Act of March 3, 1875, supra, cannot be enlarged by a permission from an official of the General Land Office. P. 22.
53 Ct.Clms. 33 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Caldwell v. United States, 250 U.S. 14 (1919) in 250 U.S. 14 250 U.S. 15–250 U.S. 17. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=FJ2D9G4SSYXMXSE.
MLA: U.S. Supreme Court. "Syllabus." Caldwell v. United States, 250 U.S. 14 (1919), in 250 U.S. 14, pp. 250 U.S. 15–250 U.S. 17. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=FJ2D9G4SSYXMXSE.
Harvard: U.S. Supreme Court, 'Syllabus' in Caldwell v. United States, 250 U.S. 14 (1919). cited in 1919, 250 U.S. 14, pp.250 U.S. 15–250 U.S. 17. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=FJ2D9G4SSYXMXSE.
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