Beatrice M. MacOmber v. James Bose and Ethyl Joyce Bose

The parties are, respectively, owners of real property within the boundaries of Glacier National Park in Montana and, in this suit, dispute their respective rights to divert water from a nearby stream. The question on appeal is whether such a dispute concerning property so located gives rise to federal jurisdiction.

The complaint purports to be filed under 28 U.S.C. § 1331 , alleging that the rights in issue arise under federal law and exceed $10,000 in value. The District Court concluded that the case was controlled by state law and dismissed for lack of jurisdiction. In our judgment this was error.

The question is whether Montana has ceded to the United States and the United States has accepted sovereignty and political dominion over privately owned land located within the boundaries of the park.

Upon its admission to the Union as a state Montana acquired sovereignty and political dominion over all public lands of the United States. As to such lands the relationship of the United States was that of individual proprietor. Fort Leavenworth R. R. v. Lowe, 114 U.S. 525 , 5 S.Ct. 995 , 29 L.Ed. 264 (1885).

On May 11, 1910, by Act of Congress, Glacier National Park was created.…