United States Supreme Court Cases & Opinions

U.S. Supreme Court

Donnelly v. United States, 228 U.S. 708 (1913)

Donnelly v. United States

No. 97

Petition for rehearing presented May 31, 1913

Decided June 9, 1913

228 U.S. 708

Syllabus

This Court will permit a petition for rehearing to be filed in order to determine whether it ought to be entertained, and even if the point raised as to expressions in the original opinion have a basis, if the decision did not depend on that point, the petition will be denied.

The Court recalls that part of the opinion heretofore delivered in this case, ante, pp. 229 U. S. 262-263, which holds that,

"By the acts of legislation mentioned, as construed by the highest court of the State -- (a) the Act of 1850, adopting the common law and thereby transferring to all riparian proprietors (or confirming in them) the ownership of the nonnavigable streams and their beds, and (b) the acts of February 24 and of March 11, 1891, declaring in effect that the Klamath River is a nonnavigable stream -- California has vested in the United States, as riparian owner, the title to the bed of the Klamath, if in fact it be a navigable river,"

and leaves that matter undecided.

As the conviction of the plaintiff in error can be sustained without reference to the question of navigability of the Klamath River, a petition for rehearing based on assertions of errors in that respect in the opinion heretofore filed, ante, p. 229 U. S. 243, is denied.

The facts are stated in the opinion.