The U.S. Supreme Court case Deseret Salt Company v. Tarpey in 1891 revolved around a dispute over the ownership of certain salt lands and springs located near Great Salt Lake, Utah. The plaintiff, Deseret Salt Company, claimed that they had acquired these properties through purchase from individuals who held possession under Mexican grants recognized by the United States government. However, defendant Michael Tarpey argued that he was entitled to the land due to his compliance with federal laws regarding saline land claims and because he was first to file for patent on this property after it became open for public sale following a survey conducted by U.S authorities. The court ruled in favor of Tarpey stating that although Mexican grants were generally respected under US law as per Treaty of Guadalupe Hidalgo (1848), such rights did not extend to saline lands which were considered part of public domain and thus subject to disposal according to federal legislation only. Therefore, despite any prior private agreements or sales concerning these lands before their official surveying and opening for claim filing by US government didn't confer valid title upon purchasers like Deseret.

In the dissenting opinion for Deseret Salt Company v. Tarpey, Justice Brewer argued that the majority's decision was inconsistent with previous rulings of the Court and violated principles of federalism. He contended that states should have jurisdiction over their own resources, including salt deposits within their borders. In his view, it was not appropriate for a federal court to intervene in a dispute between two private parties over these resources based on an interpretation of Congress' intent in granting land to Utah upon its admission as a state. Furthermore, he believed that if Congress had intended to reserve certain rights or privileges regarding these lands for itself or third parties like Deseret Salt Company, it would have expressly said so in legislation rather than leaving this important matter open to judicial interpretation.