Bonelli Cattle Company v. Arizona

PETITIONER: Bonelli Cattle Company
RESPONDENT: Arizona
LOCATION: City of Shaker Heights

DOCKET NO.: 72-397
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: Arizona Supreme Court

CITATION: 414 US 313 (1973)
ARGUED: Oct 15, 1973
DECIDED: Dec 17, 1973

ADVOCATES:
Dale R. Shumway - for respondents
Elmer C. Coker - for petitioners

Facts of the case

Question

Media for Bonelli Cattle Company v. Arizona

Audio Transcription for Oral Argument - October 15, 1973 in Bonelli Cattle Company v. Arizona

Warren E. Burger:

We’ll hear arguments first this morning in number 72-397 of Bonelli Cattle Company against Arizona and others.

Mr. Coker you may proceed whenever you’re ready.

Elmer C. Coker:

Chief Justice and may it please the Court.

Mr. Shumway and I are both deeply grateful to this Court for providing us the opportunity of arguing this matter, which is of most importance not only to the State of Arizona but its citizens.

I would like to briefly point out on the map, which is the most recent official map published by the Bureau of Land Management.

The area along Colorado River, the area we are talking about if I may, is in here.

Now, the other day I received--

Warren E. Burger:

Is that map reproduced anywhere in the record?

Elmer C. Coker:

Yes sir.

Warren E. Burger:

And in precisely that form?

Elmer C. Coker:

Almost identical but on a smaller scale, sir.

Warren E. Burger:

Smaller scale.

Elmer C. Coker:

I would like to leave this in, if it is --

Warren E. Burger:

I wonder if that was the same map, but very well.

Elmer C. Coker:

For our practical purposes, yes sir.

From the Arizona planning -- planning commission map is to take off from this as well as maybe the as on highway department map.

Now on Thursday, I received on the mail an amicus brief by the Cocopah Indians.

Unfortunately, I could not spot that until I, through the good eyes of the United States attorney, I obtained some solicited opinion as the location of that Cocopah reservation in this area here.

Now, Exhibit K, to go get started with the facts is a topographical map made in 1902 and 1903.

It shows the Bonelli land in red and the river, Colorado River at that time.

I know it’s hard to see from there but--

Do you have a copy of that?

Elmer C. Coker:

Yes sir, this are all in our brief, sir.

No, I mean did you have that with submitted papers and the facts have reached us this morning?

Elmer C. Coker:

Yes sir, I have sent exhibit K.

Exhibit K.

There are only -- the only two exhibits here that the Court did not have and that’s the big map and put it on in aerial photo.

Excuse me, what comes to print out on exhibit K.

Elmer C. Coker:

The Bonelli land which we are concerned with here.

That’s right over here.