In the case of Alaska Mining Company v. Whelan in 1897, the U.S. Supreme Court ruled on a dispute over mining rights in Alaska. The plaintiff, Alaska Mining Company, claimed that it had acquired certain mining claims from individuals who had obtained them under an act of Congress granting such rights to discoverers of mineral deposits on public lands. However, these original claimants were not citizens or intending citizens as required by law at the time they made their discoveries and filed for patents with local land offices. The defendant, Whelan was later granted a patent for some of these same claims after he discovered minerals there and complied with all legal requirements including being an American citizen. The court held that since the original claimants did not meet citizenship requirements when they first staked their claims; those initial filings were invalid and could not be validated retroactively even if they subsequently became eligible to make such filings (i.e., by becoming citizens). Therefore, Whelan's subsequent discovery and compliance with all legal procedures gave him valid title to his patented claims despite any prior invalid attempts by others to claim those same lands.

In the dissenting opinion for Alaska Mining Company v. Whelan, 1897, it was argued that the majority's decision to uphold a lower court ruling in favor of Whelan was incorrect. The dissenting justices believed that there were significant errors made by the trial court which should have resulted in a reversal of its judgment. They contended that these errors included an improper instruction given to the jury regarding possession and ownership rights over disputed mining property, as well as an unjustified refusal to allow certain evidence into record during trial proceedings. Furthermore, they disagreed with how damages were calculated and awarded to Whelan based on his claim of lost profits from alleged interference with his mining operations by Alaska Mining Company. In their view, such speculative damages could not be accurately determined or fairly compensated under existing legal principles and standards at that time.