Summary

Joseph McKenna Curtin v. Benson — Opinion of the Court

Neither can be exercised to destroy essential uses of private property. The right of appellant to pasture his cattle upon his land, and the right of access to it, are of the very essence of his proprietorship. May conditions be put upon their exercise such as appellees put upon them? In answering the question we shall assume, for the time being, that Benson has interpreted correctly the regulations of the Secretary of the Interior.
Source: Wikisource

Joseph McKenna Curtin v. Benson — Opinion of the Court

They do deal with 'park lands,' and authorize stock to be taken over them by the 'written permission and under the supervision of the superintendent.' But even if it be held to apply to the toll roads, it is manifestly but a regulation of the transit of the stock merely, and not a use of the roads as a condition of the performance of something else.
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature