In the 1908 case of Keerl v. State of Montana, the U.S. Supreme Court ruled on a dispute regarding land ownership and mineral rights in Montana. The plaintiff, Mr. Keerl, claimed that he had purchased a piece of property from an individual who had obtained it through a patent issued by the United States government under mining laws; however, this patent did not include any mineral rights to coal found beneath the surface. When coal was discovered on his land years later, Mr. Keerl argued that he should be entitled to these minerals as part of his purchase agreement since they were not explicitly excluded in his deed or in federal law at the time. The state disagreed and asserted its claim over all subsurface minerals based on subsequent legislation passed after Mr. Keerl's original purchase which reserved all such resources for public use unless specifically granted otherwise. The court sided with Montana stating that while there may have been no explicit reservation clause excluding coal when Mr.Kerr bought his property,the general understanding at that time was such reservations were implied even if unspoken.Furthermore,it upheld states' right to pass retroactive laws governing natural resource distribution within their borders.The decision thus affirmed states' authority over their natural resources and clarified how ambiguities related to them are resolved.

In the dissenting opinion for Keerl v. State of Montana, it was argued that the majority's decision violated the defendant's Fifth Amendment rights against double jeopardy. The dissent contended that a person cannot be tried twice for the same offense, even if new evidence is discovered after conviction or acquittal. They believed this principle should apply regardless of whether a case involves federal or state law and irrespective of any procedural differences between jurisdictions. In their view, allowing retrial in such circumstances undermines one of the fundamental protections provided by our Constitution: to prevent government from subjecting individuals to repeated prosecutions for an alleged crime until they are found guilty.