Green Bay Canal Co v. Patten Paper Co, No. 14

CourtUnited States Supreme Court
Writing for the CourtSHIRAS
Citation173 U.S. 179,43 L.Ed. 658,19 S.Ct. 316
PartiesGREEN BAY & M. CANAL CO. v. PATTEN PAPER CO. et al
Docket NumberNo. 14
Decision Date20 February 1899

173 U.S. 179
19 S.Ct. 316
43 L.Ed. 658
GREEN BAY & M. CANAL CO.

v.

PATTEN PAPER CO. et al.

No. 14.
February 20, 1899.

[Syllabus from pages 179-189 intentionally omitted]

Page 189

Mr. Justice SHIRAS delivered the opinion of the court.

This is a petition, by the defendants in error, for a rehearing of the case of Green Bay & M. Canal Co. v. Patten Paper Co. (decided at the present term) 172 U. S. 58, 19 Sup. Ct. 97.

The reasons set forth in the petition and accompanying brief seem to go upon a misapprehension of the scope and meaning of the decision of this court.

Thus it is made matter of complaint that this court did not deal with questions concerning the division of the waters of Fox river after they had spent the force or head given them by the dam and canal, and had passed into a nonnavigable portion of the stream below the improvement; and it is suggested that we overlooked the fact that a private dam had been constructed between islands 3 and 4.

But those are questions to which the jurisdiction of this

Page 190

court does not extend, and hence could not be considered by us. The purport of our decision was to preserve to the Green Bay & Mississippi Canal Company the use of the surplus waters created by the dam and canal. After such waters had flowed over the dam and through the sluices, and had found their way into the unimproved bed of the stream, the rights and disputes of the riparian owners must be determined by the state courts.

Again, apprehensions are expressed lest the decision in the present case may be construed so as to injury parties using water powers at other places in the river, and who are not represention in the present controversy.

We are not ready to presume that the authorities of the United States will either permit or make changes in the places where the surplus waters are to be used by the Green Bay & Mississippi Canal Company, so as to deprive other parties of the water powers they have been using for so many years, unless such changes are found to be necessary and proper in the regulation and delivery of the surplus waters created by the public improvement. But such questions are not now before us.

While the courts of the state may legitimately take cognizance of controversies between the riparian owners, concerning the use and apportionment of the waters flowing in the nonnavigable parts of the stream, they cannot interfere by mandatory injunction or otherwise with the control of the...

To continue reading

Request your trial
4 practice notes
  • Ashwander v. Tennessee Valley Authority, Nos. 403
    • United States
    • United States Supreme Court
    • February 17, 1936
    ...Bay & M. Canal Company, 142 U.S. 254, 12 S.Ct. 173, 178, 35 L.Ed. 1004; Green Bay & M. Canal Company v. Patten Paper Company, 173 U.S. 179, 19 S.Ct. 316, 43 L.Ed. 658. In United States v. Chandler-Dunbar Water Power Company, 229 U.S. 53, 33 S.Ct. 667, 57 L.Ed. 1063, the United State......
  • Chemehuevi Tribe of Indians v. FEDERAL POWER COM'N, No. 71-2012.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 9, 1973
    ...Bay case, Green Bay and Mississippi Canal Company v. Patten Paper Company, 172 U.S. 58, 19 S.Ct. 97, 43 L.Ed 364 (1898), rehearing denied, 173 U.S. 179, 19 S.Ct. 316, 43 L.Ed. 658 (1899), to uphold the right of a grantee of the United States to lease the surplus water power from Government ......
  • Wis. Traction, Light, Heat & Power Co. v. Green Bay & Miss. Canal Co.
    • United States
    • United States State Supreme Court of Wisconsin
    • October 20, 1925
    ...S. 254, 12 S. Ct. 173, 35 L. Ed. 1004;Green Bay & M. Canal Co., v. Patten Paper Co., 172 U. S. 58, 19 S. Ct. 97, 43 L. Ed. 364;Id., 173 U. S. 179, 19 S. Ct. 316, 43 L. Ed. 658;Green Bay & M. Canal Co. v. Kaukauna Water Power Co., 70 Wis. 635, 35 N. W. 529, 36 N. W. 828;Green Bay &am......
  • California Oregon Power Co. v. FEDERAL POWER COM'N, No. 12235 and 12236.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 25, 1956
    ...passed the Government dam. See Green Bay & M. Canal Co. v. Patten Paper Co., 1898, 172 U.S. 58, 19 S.Ct. 97, 43 L.Ed. 364; Id., 1899, 173 U.S. 179, at page 190, 19 S.Ct. 316, 43 L.Ed. 658. Or it may be that such water retains its identity as surplus water in the general stream flow unti......
4 cases
  • Ashwander v. Tennessee Valley Authority, Nos. 403
    • United States
    • United States Supreme Court
    • February 17, 1936
    ...Bay & M. Canal Company, 142 U.S. 254, 12 S.Ct. 173, 178, 35 L.Ed. 1004; Green Bay & M. Canal Company v. Patten Paper Company, 173 U.S. 179, 19 S.Ct. 316, 43 L.Ed. 658. In United States v. Chandler-Dunbar Water Power Company, 229 U.S. 53, 33 S.Ct. 667, 57 L.Ed. 1063, the United State......
  • Chemehuevi Tribe of Indians v. FEDERAL POWER COM'N, No. 71-2012.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • November 9, 1973
    ...Bay case, Green Bay and Mississippi Canal Company v. Patten Paper Company, 172 U.S. 58, 19 S.Ct. 97, 43 L.Ed 364 (1898), rehearing denied, 173 U.S. 179, 19 S.Ct. 316, 43 L.Ed. 658 (1899), to uphold the right of a grantee of the United States to lease the surplus water power from Government ......
  • Wis. Traction, Light, Heat & Power Co. v. Green Bay & Miss. Canal Co.
    • United States
    • United States State Supreme Court of Wisconsin
    • October 20, 1925
    ...S. 254, 12 S. Ct. 173, 35 L. Ed. 1004;Green Bay & M. Canal Co., v. Patten Paper Co., 172 U. S. 58, 19 S. Ct. 97, 43 L. Ed. 364;Id., 173 U. S. 179, 19 S. Ct. 316, 43 L. Ed. 658;Green Bay & M. Canal Co. v. Kaukauna Water Power Co., 70 Wis. 635, 35 N. W. 529, 36 N. W. 828;Green Bay &am......
  • California Oregon Power Co. v. FEDERAL POWER COM'N, No. 12235 and 12236.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • October 25, 1956
    ...passed the Government dam. See Green Bay & M. Canal Co. v. Patten Paper Co., 1898, 172 U.S. 58, 19 S.Ct. 97, 43 L.Ed. 364; Id., 1899, 173 U.S. 179, at page 190, 19 S.Ct. 316, 43 L.Ed. 658. Or it may be that such water retains its identity as surplus water in the general stream flow unti......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT