Oliver Wendell Holmes, Jr., Swanson v. Sears — Opinion of the Court
“ The only question is whether, on the failure of the defendant, as stated, for 1903, the plaintiff's location attached, or whether it was wholly void. The state courts gove judgment for the defendant (17 Idaho, 322, 105 Pac. 1059) , and the plaintiff brought the case to this court.The argument for the plaintiff is a vain attempt to reopen what has been established by the decisions. A location and discovery on land withdrawn quoad hoc from the public domain by a valid and subsisting mining claim is absolutely void for the purpose of founding a contradictory right. ”
