Horace Gray

“ The principal ground on which the plaintiffs in error seek to reverse the judgment of the supreme court of California is that its decision, in matter of fact, was erroneous, and contrary to the weight of the evidence in the case; but to review the decision of the state court upon the question of fact is not within the jurisdiction of this court.
In the legislation of congress, from the foundation of the government, a writ of error which brings up matter of law, only, has always been distinguished from an appeal, which, unless expressly restricted, brings up both law and fact. ”

“ Justice Story said: 'We have no authority, as an appellate court, upon a writ of error, to revise the evidence in the court below, in order to ascertain whether the judge rightly interpreted the evidence, or drew right conclusions from it. That is the proper province of the jury, or of the judge himself, if the trial by jury is waived, and it is submitted to his personal decision.' Hyde v. ”

“ It is established by former decisions of this court that, under the acts of congress which govern this case, in order to except mines or mineral lands from the operation of a town-site patent, it is not sufficient that the lands do in fact contain minerals, or even valuable minerals, when the townsite patent takes effect, but they must, at that time, be known to contain minerals of such extent and value as to justify expenditures for the purpose of extracting them ”