James Clark McReynolds

“ In June, 1909, much hay was stored upon the land and a thousand head of cattle were there confined. Under the Reclamation Act of June 17, 1902 (32 Stat. 389, c. 1093, § 7 [Comp. St. § 4706] ) , the United States constructed the Pathfinder Dam. This arrested the flood waters and caused inundation of appellants' lands. The hay was destroyed, and it became necessary to remove the animals and sell them at prices below their fair value.
Proceedings to condemn the land were instituted by the appellee, in the United States Circuit Court for Wyoming before the overflow. ”

“ In the circumstances supposed there might have been a recovery 'for what actually has been taken, upon the principle that the government by the very act of taking impliedly has promised to make compensation because the dictates of justice and the terms of the Fifth Amendment so require.' United States v. ”