...protecting in patents such right in water appropriated, when recognized by local customs and laws, "was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." (Broder \. Natoma W. & M. Co., 11 Otto, 274.) We conclude, then, that the common-law doctrine giving...

...acknowledged and 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...continued use, than the establishment of a new one." By section 17 of the act of July !), 1870, amendatory of the act of July 26,1866, it was provided,...

...before the 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...continued use, than the establishment of a new one." Much other authority, in the decisions of courts, and in legislative acts, both of congress and of...

...And the court added: " We are of opinion that the section of the act which we have quoted (the ninth) was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." The court accordingly, in the Broder case, without regard to the act of 1866, protected the right of...

...274, 276,." was rather a voluntary recognition of a preexisting right of possession, constitute ing a valid claim to its continued use, than the establishment of a new one." By section 17 of the act of July 9, 1870, amendatory of the act of July 26, 1866, it was provided,...

...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...continued use than the establishment of a new one:" Broder v. Natoma Water Co., 101 US 274. THIS DOCTRINE APPLIES ONLY то TUE PUBLIC LANDS of the United...

...encouraged, and was bound to protect, before the passage of the act of 1866, and that this section of the act was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one." Atchison v. Peterson. 20 Wall. (US) 507; Basev v. Gallagher, 20 Wall. (US) 670; Forbes r. Gracey, 94...

...Wall. 670; Atchison v. Peterson, 101 US 274; Basey v. Gallagher, Id. 507. 2Rev. St. US § ! stituting a valid claim to its continued use, than the establishment of a new one."1 § 18. Limits of the doctrine of appropriation — The early cases. It will aid in the subsequent...

...before the 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...continued use, than the establishment of a new one": Co/fin v. Left-hand Ditch Co., G Col. 443; opinion by Ross, J., in Lux v. Haggin, 69 Cal. 255. It necessarily...

...the Supreme Court of the Opinion of the Court — Belknap, J. United States declared that the statute was rather a voluntary recognition of a pre-existing...continued use, than the establishment of a new one; and, following this view, the construction given to the statute in Vansickle v. Haines was overruled in...