Telluride Power Transmission Co. v. Rio Grande Western Railway Co.

Syllabus

<p>In a case brought up by writ of error from the Supreme Court of a State, it appeared from a supplemental transcript of the record that proceedings for a removal of the case to the Circuit Court of the United States were taken in the court of original jurisdiction, and were denied; but that no question regarding these proceedings was made in the Supreme Court of the State, and the supplemental transcript was not filed in such Supreme Court until after the case had been decided there. Held: that as no certiorari was issued to bring it up, and no motion or order was made for leave to file it, it could not be considered here.</p> <p>By Rev. Stat. section 2339, whenever, “ by priority of possession,” rights to the use of water for mining purposes have vested and accrued, and the same are recognized by local customs and laws, “ the possessors and owners of such vested rights shall be maintained and protected in the samé.” Held: that a question of fact, as to which party had priority of possession, was not a Federal question.</p> <p>The jurisdiction of this court in cases brought up by writ of error to a state court does not extend to questions of fact, or of local law, which are merely preliminary to, or the possible basis of, a Federal question.</p>