scranton
wheeler
argued
october
decided
november
writ
error
brings
review
final
judgment
michigan
holding
required
compensate
owner
land
fronting
public
navigable
river
right
access
shore
navigable
part
river
permanently
obstructed
pier
erected
river
authority
congress
purpose
improving
navigation
omitting
reference
immaterial
matters
case
made
pleadings
evidence
follows
act
congress
approved
september
chap
providing
examination
settlement
claims
land
sault
ste
marie
michigan
local
register
receiver
land
office
authorized
report
upon
claims
lots
place
instructions
given
commissioner
general
land
office
stat
conformity
proceedings
act
heirs
franklin
newcomb
samuel
peck
confirmed
claim
jointly
premises
known
private
land
claim
patent
issued
day
october
premises
west
upper
end
mary
falls
ship
canal
one
boundaries
shown
field
notes
right
bank
ste
marie
river
mesne
conveyances
heirs
franklin
newcomb
plaintiff
scranton
became
owner
undivided
half
land
question
act
approved
august
chap
congress
granted
state
michigan
right
locate
canal
public
lands
state
known
military
reservation
falls
mary
river
feet
land
width
extending
along
line
canal
granted
construction
convenience
canal
appurtenances
thereto
use
vested
state
purposes
act
provided
canal
located
line
survey
made
purpose
route
waters
falls
might
selected
approval
secretary
war
aid
construction
completion
canal
congress
also
granted
state
acres
public
lands
provided
canal
remain
public
highway
use
free
toll
charge
upon
vessels
government
engaged
public
service
upon
vessels
employed
transportation
property
troops
stat
construction
canal
begun
michigan
completed
owned
operated
state
year
transferred
conformity
river
harbor
act
june
chap
appropriated
improving
operating
river
canal
also
secretary
war
authorized
accept
behalf
state
michigan
mary
canal
public
works
thereon
transfer
made
leave
free
debts
claims
liability
character
whatsoever
canal
transfer
free
public
use
act
secretary
war
authorized
transfer
made
draw
time
time
warrant
treasury
pay
actual
expenses
operating
keeping
canal
repair
stat
prior
transfer
congress
made
large
appropriations
repair
preservation
improvement
completion
canal
stat
chap
stat
chap
stat
chap
stat
chap
stat
chap
stat
chap
stat
chap
stat
chap
originally
constructed
pier
extended
west
end
canal
water
curving
north
pier
opposite
part
private
land
claim
left
time
riparian
frontage
premises
feet
commenced
completed
construction
water
known
new
south
pier
extended
across
entire
front
private
land
claim
within
riparian
ownership
plaintiff
projected
land
towards
middle
thread
stream
effect
construction
new
pier
exclude
plaintiff
altogether
access
land
within
lateral
lines
riparian
ownership
projected
aforesaid
navigable
water
channel
river
navigable
sides
space
included
within
projected
lines
plaintiff
riparian
ownership
new
pier
bank
river
water
feet
depth
reason
construction
maintenance
pier
plaintiff
prevented
reaching
navigable
water
greater
depth
feet
plaintiff
desired
land
freight
new
south
pier
thus
convey
lot
question
prevented
defendant
wheeler
superintendent
property
possession
exercised
exclusive
control
canal
pier
officer
agent
otherwise
part
pier
question
front
private
land
claim
rests
upon
fast
land
within
claim
entirely
upon
submerged
lands
front
opposite
fast
land
water
pier
dry
land
shoal
mary
river
forms
part
boundary
line
canada
navigable
forms
great
lakes
highway
interstate
international
commerce
near
point
question
river
originally
navigable
owing
falls
canal
built
around
falls
connect
navigable
parts
used
connection
therewith
purposes
commerce
present
action
brought
scranton
wheeler
circuit
chippewa
county
michigan
declaration
alleging
plaintiff
owner
fee
illegally
deprived
defendant
possession
interest
land
claim
whelpley
survey
village
sault
ste
marie
michigan
including
therein
portion
land
beneath
water
mary
river
river
bank
said
lot
thread
stream
said
river
forms
part
said
lot
riparian
rights
belonging
attaching
thereto
part
thereof
premises
plaintiff
claimed
fee
damages
alleged
upon
petition
wheeler
action
removed
trial
circuit
ground
government
real
party
interest
defense
depended
upon
construction
laws
judgment
favor
case
carried
circuit
appeals
judgment
affirmed
elaborate
opinion
delivered
judge
lurton
app
fed
held
officer
sued
ejectment
one
claiming
title
right
possession
case
properly
removed
circuit
trial
circuit
appeals
jurisdiction
act
march
chap
stat
review
judgment
circuit
incident
ownership
land
margins
navigable
streams
law
michigan
attaches
legal
title
submerged
land
stream
comprehended
within
parallel
lines
extending
perpendicular
general
trend
shore
along
owner
land
center
stream
observing
although
plaintiff
law
michigan
seised
legal
title
soil
water
yet
nature
property
seizure
bare
technical
title
proceeded
must
constitutional
principles
follow
state
michigan
held
soil
beneath
navigable
rivers
high
public
trust
preserve
forever
free
public
highways
subject
power
congress
regulate
commerce
among
legal
title
law
becomes
vested
proprietors
must
subject
public
trust
therefore
subordinate
rights
navigation
subordinate
power
congress
control
use
soil
streams
whenever
necessities
navigation
commerce
demand
right
congress
regulate
commerce
incident
navigation
remains
unaffected
question
whether
title
soil
submerged
state
owner
shore
distinction
must
recognized
jus
privatum
jus
publicum
private
right
subordinate
public
right
plaintiff
holds
naked
legal
title
takes
proprietary
rights
consistent
public
right
navigation
control
congress
right
significance
case
willson
black
bird
creek
marsh
pet
ed
affects
refusal
enjoin
erection
bridge
complaint
owning
land
shores
whose
access
use
stream
thereby
injured
property
taken
injury
consequential
held
without
remedy
plaintiff
sustained
injury
wholly
consequence
erection
structure
congress
aid
general
public
right
navigation
congress
may
lawfully
use
soil
support
structures
without
acquiring
naked
title
outstanding
plaintiff
injuries
merely
consequential
case
damage
without
actionable
injury
distinction
exists
cases
authority
state
structure
placed
navigable
stream
bridge
lock
dam
improvement
navigation
stream
wholly
within
borders
sought
removed
authority
subsequent
congressional
legislation
case
present
cases
first
mentioned
improvement
authority
law
taken
public
uses
upon
compensation
doctrine
case
monongahela
nav
ed
sup
case
held
must
actual
property
owner
structure
paid
franchise
also
plaintiff
case
us
made
improvements
either
public
private
uses
property
invaded
none
taken
title
subject
public
uses
soil
river
subservient
purposes
navigation
right
regulate
commerce
involved
right
regulate
navigation
turn
involved
necessary
use
submerged
land
far
use
essential
maintenance
public
highway
conclusion
reached
error
judgment
circuit
plaintiff
ownership
locus
quo
makes
use
purposes
devoted
taking
private
property
within
meaning
constitution
upon
writ
error
judgment
circuit
appeals
reversed
upon
joint
motion
parties
directions
remand
case
state
trial
parties
concurred
opinion
case
removable
state
union
planters
bank
ed
sup
chappell
waterworth
ed
sup
cited
support
view
trial
state
plaintiff
asked
charge
jury
law
michigan
applicable
facts
case
plaintiff
owner
submerged
land
front
upland
bounded
lines
extending
lateral
lines
upland
center
file
stream
running
right
angles
course
stream
front
upland
therefore
land
property
described
declaration
belonged
owned
plaintiff
fee
simple
belonged
action
brought
pier
structure
question
constructed
maintained
defendant
across
plaintiff
land
without
consent
rights
premises
neither
defendant
lawful
right
construct
pier
across
premises
question
thus
taking
possession
premises
adversely
plaintiff
excluding
enjoyment
thereof
access
land
premises
navigable
water
river
front
thereof
navigable
water
river
land
neither
government
defendant
lawful
right
construct
pier
maintain
done
time
suit
brought
without
first
acquired
right
construct
maintain
owner
fee
without
obtaining
right
therefor
proceedings
power
eminent
domain
payment
due
compensation
owner
land
therefor
article
amendments
constitution
property
question
lawfully
taken
public
use
appropriated
without
compensation
made
therefor
owner
without
due
process
law
plaintiff
also
requested
instruction
construction
pier
violation
maintaining
violation
said
article
amendments
constitution
appears
testimony
case
appropriated
without
due
process
law
taken
devoted
public
use
without
consent
owner
thereof
without
compensation
therefor
taking
possession
land
plaintiff
appears
record
violation
said
article
taking
possession
land
plaintiff
construction
pier
thereon
manner
shown
case
effect
deprive
egress
said
land
navigable
water
natural
navigable
water
stream
prevent
using
said
property
passing
across
said
pier
shown
testimony
case
violation
said
article
amendments
constitution
depriving
owner
thereof
property
without
due
process
law
without
compensation
without
consent
instructions
severally
refused
action
plaintiff
excepted
charging
jury
stated
district
attorney
suggested
writing
property
controversy
title
possession
subjects
litigation
many
years
possession
officers
agents
held
public
uses
connection
commerce
navigation
great
lakes
nominal
defendant
personal
interest
matter
physical
possession
premises
official
capacity
law
possession
always
held
title
said
land
holds
possession
claim
title
action
effect
action
government
sovereign
capacity
sued
reasons
district
attorney
asked
proceedings
stayed
suit
dismissed
verdict
defendant
directed
ground
legal
effect
action
judgment
plaintiff
one
government
property
state
failure
trial
charge
jury
requested
plaintiff
direction
jury
return
verdict
defendant
assigned
error
justices
concurring
held
action
affirmed
judgment
upon
grounds
said
one
actual
possession
property
defends
right
possession
upon
ground
government
state
national
placed
possession
must
show
right
government
paramount
right
plaintiff
judgment
go
point
hsa
settled
decision
rendered
may
tindal
wesley
ed
sup
case
authorities
upon
point
reviewed
length
including
case
stanley
schwalby
ed
sup
upon
defendant
mainly
relies
government
took
possession
submerged
land
plaintiff
purpose
erecting
thereon
piers
aid
immense
navigation
upon
great
lakes
rivers
connecting
improvements
made
necessary
aid
protect
navigation
established
beyond
dispute
government
right
make
improvements
upon
submerged
land
without
compensation
adjoining
owner
conceded
law
michigan
title
submerged
lands
adjoining
owner
thread
stream
insisted
behalf
plaintiff
government
possesses
right
use
land
although
submerged
although
necessary
use
aid
navigation
cut
access
open
water
contended
hand
title
submerged
lands
along
navigable
waters
right
access
thereto
subject
paramount
right
use
land
manner
shall
determine
necessary
aid
navigation
appeals
unanimous
opinion
plaintiff
claim
able
opinion
delivered
judge
lurton
facts
clearly
stated
authorities
cited
think
conclusion
reached
correct
one
therefore
deem
unnecessary
us
enter
long
cussion
law
authorities
hawkins
point
lighthouse
case
fed
appears
exactly
point
rule
present
case
think
conclusion
reached
correct
one
although
gave
wrong
reason
hawkins
point
lighthouse
case
referred
opinion
state
ejectment
brought
circuit
government
keeper
lighthouse
recover
possession
house
erected
patapsco
river
publicnavigable
water
lighthouse
board
pursuance
acts
congress
condemnation
public
use
lands
upon
lighthouse
rested
compensation
made
anyone
site
plaintiff
owner
upland
exercise
riparian
right
improved
water
front
land
speaking
judge
morris
held
plaintiff
entitled
recover
saying
submerged
land
remains
part
bed
river
private
property
sense
amendment
federal
constitution
declared
gilman
philadelphia
wall
ed
navigable
waters
public
property
nation
subject
requisite
legislation
congress
hands
state
state
grantee
bed
navigable
river
remains
subject
easement
navigation
general
government
lawfully
enforce
improve
protect
means
true
dealing
navigable
stream
impairs
value
rights
riparian
owners
gives
claim
compensation
contrary
doctrine
order
develop
greatest
public
utility
waterway
private
convenience
must
often
suffer
without
compensation
sanctioned
repeated
decisions
following
cases
involving
proposition
black
bird
creek
case
pet
ed
gilman
philadelphia
wall
ed
pound
turck
ed
wisconsin
duluth
ed
south
carolina
georgia
ed
made
apparent
congress
extension
plaintiff
present
shore
line
river
tended
impair
navigability
stream
use
highway
commerce
congress
authorize
agents
establish
present
shore
line
beyond
structures
kind
extended
plaintiff
claim
compensation
plaintiff
thus
lawfully
prevented
appropriating
private
use
part
submerged
land
lying
front
shore
line
whole
kept
subservient
easement
navigation
successfully
claimed
must
paid
small
portion
covered
lighthouse
feet
shore
taken
use
strictly
necessary
safe
navigation
improved
channel
appeals
maryland
whenever
called
upon
declare
nature
title
state
grantees
land
bottom
navigable
streams
uniformly
held
soil
mark
much
part
jus
publicum
stream
fed
plaintiff
scranton
assigned
various
grounds
error
grounds
substantially
embodied
requests
instructions
trial
insisted
upon
state
john
donnelly
davock
plaintiff
error
robert
howard
solicitor
general
richards
defendant
error
justice
harlan
delivered
opinion
stating
facts
reported
proceeded
government
insists
ejectment
proper
remedy
riparian
owner
secure
removal
structure
interferes
access
fast
land
navigable
water
sufficient
answer
objection
state
recognized
present
action
proper
one
laws
michigan
relief
sought
plaintiff
therefore
consider
controlling
questions
federal
nature
presented
record
decided
state
state
correctly
held
trial
erred
directing
verdict
defendant
upon
ground
judgment
legal
effect
judgment
true
defendant
wheeler
insisted
action
plaintiff
complained
taken
authority
fact
sufficient
defeat
suit
plaintiff
entitled
access
land
navigable
water
defendant
stood
way
enjoying
right
duty
inquire
whether
defendant
authority
law
done
suit
deemed
one
consideration
question
become
necessary
ascertain
whether
defendant
constitutionally
acquire
authority
obstruct
plaintiff
access
navigable
water
front
land
without
making
securing
compensation
issue
point
law
individual
plaintiff
individual
defendant
party
record
judgment
wheeler
prevent
instituting
suit
direct
determination
rights
plaintiff
subject
examined
numerous
cases
recent
one
tindal
wesley
ed
sup
suit
recover
real
property
south
carolina
held
defendants
insisted
capacities
officers
state
said
amendment
gives
immunity
officers
agents
state
withholding
property
citizen
without
authority
law
officers
agents
assert
rightful
possession
must
make
good
assertion
made
appear
suit
individuals
legal
title
right
possession
plaintiff
said
judgment
case
may
conclude
state
judgment
effect
plaintiff
defendants
former
entitled
possession
property
question
latter
shown
valid
authority
withhold
possession
plaintiff
assertion
defendants
right
remain
possession
without
legal
foundation
state
party
suit
judgment
conclude
submitted
rights
determination
case
open
state
bring
action
may
appropriate
establish
protect
whatever
claim
premises
dispute
claim
means
assert
one
thus
brought
test
law
administered
tribunals
ordained
determine
controverted
rights
property
record
case
evidence
purpose
touching
merits
claim
principles
applicable
present
case
show
within
rule
forbidding
suit
except
consent
vital
question
therefore
one
heretofore
mentioned
namely
whether
prohibition
constitution
taking
private
property
public
use
without
compensation
application
case
owner
land
bordering
public
navigable
river
whose
access
land
navigability
permanently
lost
reason
construction
pier
resting
submerged
lands
away
front
upland
pier
erected
intent
impair
rights
riparian
owners
purpose
improving
navigation
river
undoubtedly
compensation
must
made
secured
owner
done
regarded
taking
private
property
public
use
within
meaning
amendment
constitution
course
exercise
power
regulate
commerce
congress
may
override
provision
compensation
must
made
private
property
taken
public
use
private
property
within
meaning
amendment
taking
private
property
public
use
always
easy
determine
decision
announced
rule
embrace
every
case
said
cases
involving
general
question
assist
us
determining
whether
present
plaintiff
denied
protection
secured
constitutional
provision
question
pumpelly
green
bay
canal
wall
ed
construed
provision
constitution
wisconsin
declaring
property
person
shall
taken
public
use
without
compensation
therefor
observing
provision
almost
identical
language
one
relating
subject
federal
constitution
case
appeared
public
improvement
navigable
water
made
local
statutory
authority
whereby
case
extrement
qualification
use
every
purpose
destroyed
referring
adjudged
cases
went
observed
beyond
sound
principle
said
remains
true
real
estate
actually
invaded
superinduced
additions
water
earth
sand
material
artificial
structure
placed
effectually
destroy
impair
usefulness
taking
within
meaning
constitution
proposition
conflict
weight
judicial
authority
country
certainly
sound
principle
case
relied
upon
northern
transp
chicago
ed
establishing
invalidity
certain
municipal
acts
looking
improvement
public
highway
said
done
proper
exercise
governmental
powers
directly
encroaching
upon
private
property
though
consequences
may
impair
use
universally
held
taking
within
meaning
constitutional
provision
entitle
owner
property
compensation
state
agents
give
right
action
supported
immense
weight
authority
observed
case
extrmest
qualification
doctrine
found
pumpelly
case
case
referred
holding
nothing
permanent
flooding
private
property
may
regarded
case
physical
invasion
real
estate
private
owner
practical
ouster
possession
monongahela
nav
ed
sup
actual
taking
certain
locks
dams
constructed
maintained
competent
authority
navigation
company
question
whether
franchise
take
tolls
use
locks
deemed
part
property
taken
compensation
must
made
held
remarking
franchise
vested
right
state
power
grant
may
retake
may
take
private
property
public
uses
upon
payment
compensation
like
though
superior
power
exists
national
government
may
take
public
purposes
take
even
state
take
franchise
state
given
private
property
belonging
individual
case
also
suggested
government
take
franchise
need
authority
state
exaction
tolls
desires
exact
appropriates
tangible
property
either
makes
use
free
exacts
tolls
sees
fit
transfers
property
new
corporation
creation
franchise
take
tolls
chooses
give
franchise
goes
property
navigation
company
owned
deprived
government
takes
away
company
whatever
use
may
make
question
compensation
determined
value
government
takes
value
individual
property
taken
taking
tangible
property
owner
actually
deprived
franchise
collect
tolls
compensation
requires
payment
merely
value
tangible
property
also
franchise
deprived
case
analogous
present
one
gibson
ed
sup
action
claims
recover
damages
resulting
construction
dike
ohio
river
near
plaintiff
farm
neville
island
short
distance
pittsburg
finding
facts
case
appears
time
dike
constructed
gibson
farm
high
state
cultivation
frontage
feet
main
channel
ohio
river
landing
used
shipping
products
bringing
supplies
landing
farm
owner
use
shipping
products
receiving
supplies
dike
constructed
authority
act
congress
appropriating
money
improving
ohio
river
owner
unable
use
landing
shipment
products
supplies
farm
greater
part
gardening
season
account
dike
obstructing
passage
boats
use
landing
high
stage
water
dike
made
ordinary
stage
water
ship
products
receive
supplies
farm
without
going
farms
neighbors
reach
another
landing
consequence
construction
maintenance
dike
plaintiff
farm
reduced
value
per
acre
found
plaintiff
access
navigable
part
river
entirely
cut
stage
water
frequently
occurred
november
december
march
april
may
get
dock
manner
foot
stage
water
communicate
navigable
channel
chute
time
haul
channel
wagon
water
thrown
back
land
building
dike
dike
come
physical
contact
land
constructed
exercise
claimed
right
improve
navigation
river
held
plaintiff
cause
action
said
navigable
waters
control
purpose
regulating
improving
navigation
although
title
shore
submerged
soil
various
individual
owners
always
subject
servitude
respect
navigation
created
favor
federal
government
constitution
south
carolina
georgia
ed
shively
bowlby
ed
sup
eldridge
trezevant
ed
sup
case
amendment
constitution
provides
private
property
shall
taken
public
use
without
compensation
however
damage
gibson
complained
result
taking
part
property
whether
upland
submerged
direct
invasion
thereof
incidental
consequence
lawful
proper
exercise
governmental
power
said
ownership
subject
obligation
suffer
consequences
improvement
navigation
exercise
dominant
right
government
regard
legislative
authority
works
consisted
simply
appropriation
construction
assertion
right
belonging
government
riparian
property
subject
right
appropriate
private
property
burdened
servitude
public
purposes
light
adjudications
held
scranton
plaintiff
entitled
reason
construction
pier
question
compensation
destruction
right
riparian
owner
access
land
navigable
part
river
immediately
front
said
entitled
virtue
decision
yates
milwaukee
wall
ed
report
case
shows
yates
owned
wharf
navigable
river
within
limits
city
milwaukee
city
ordinance
declared
wharf
nuisance
ordered
abated
proof
whatever
record
wharf
fact
obstruction
navigation
nuisance
except
declaration
effect
city
ordinance
yates
brought
suit
enjoin
interference
city
held
mere
declaration
city
yates
wharf
nuisance
make
one
saying
doctrine
tolerated
country
municipal
corporation
without
general
laws
either
city
state
within
given
structure
shown
nuisance
mere
declaration
one
subject
removal
person
supposed
aggrieved
even
city
said
shively
bowlby
ed
sup
quite
sufficient
dispose
case
yates
favor
indicated
point
adjudged
proper
disposition
case
required
nothing
said
opinion
went
observing
upon
authority
dutton
strong
black
ed
paul
schurmeir
wall
ed
riparian
owner
entitled
access
navigable
part
river
front
lot
subject
general
rules
regulations
legislature
might
prescribe
protection
rights
public
said
riparian
right
property
valuable
though
must
enjoyed
due
subjection
rights
public
arbitrarily
capriciously
destroyed
impaired
right
vested
owner
deprived
accordance
established
law
necessary
taken
public
good
upon
due
compensation
decision
yates
milwaukee
regarded
adjudication
upon
particular
point
involved
present
case
seen
case
riparian
owner
conformity
law
erected
wharf
front
upland
order
access
navigable
water
city
milwaukee
attempted
arbitrarily
capriciously
destroy
remove
wharf
lawfully
come
existence
shown
appropriate
mode
obstruction
navigation
case
municipal
corporation
intended
actual
destruction
tangible
property
belonging
riparian
owner
lawfully
used
reaching
navigable
water
like
case
exercise
proper
manner
admitted
governmental
power
resulting
indirectly
incidentally
loss
citizen
right
access
navigation
right
never
exercised
construction
wharf
improvement
question
made
government
present
case
differs
facts
case
heretofore
decided
embraced
principles
constitutional
law
become
firmly
established
constitution
invests
congress
power
regulate
commerce
foreign
nations
among
several
power
includes
power
prescribe
rule
commerce
governed
complete
may
exercised
utmost
extent
acknowledges
limitations
prescribed
constitution
navigation
within
limits
every
state
union
far
navigation
may
manner
connected
foreign
nations
among
several
indian
tribes
gibbons
ogden
wheat
ed
gilman
philadelphia
wall
ed
said
includes
navigation
power
regulate
commerce
comprehends
control
purpose
extent
necessary
navigable
waters
accessible
state
lie
purpose
public
property
nation
subject
requisite
legislation
congress
south
carolina
georgia
ed
said
congress
build
lighthouses
bed
stream
may
construct
jetties
may
require
navigators
pass
along
prescribed
channel
may
close
channel
passage
mobile
county
kimball
ed
observing
power
congress
regulate
commerce
without
limitation
said
authorizes
congress
prescribe
conditions
upon
commerce
forms
shall
conducted
citizens
citizens
subjects
countries
citizens
several
adopt
measures
promote
growth
insure
safety
commerce
embraces
navigation
improvement
harbors
bays
along
coast
navigable
rivers
within
connecting
falls
within
power
stockton
baltimore
fed
inters
com
justice
bradley
holding
circuit
said
character
state
ownership
land
water
ownership
held
purpose
emolument
public
use
especially
public
use
navigation
commerce
question
arises
whether
kind
property
susceptible
pecuniary
compensation
within
meaning
constitution
amendment
provides
private
property
shall
taken
without
compensation
making
reference
public
property
phrase
may
application
broad
enough
include
property
ownership
question
still
arise
whether
appropriation
square
feet
river
bottom
foundation
bridge
used
transportation
extensive
commerce
aid
relief
afforded
waterway
diversion
property
original
public
use
considered
sea
walls
piers
dams
structures
erected
purpose
aiding
commerce
improving
preserving
navigation
deemed
without
injury
navigation
erections
made
purpose
aiding
enlarging
commerce
beyond
capacity
navigable
stream
navigable
waters
country
commerce
navigation
great
object
constitutional
care
power
regulate
commerce
basis
power
regulate
navigation
navigable
waters
streams
completely
subject
control
congress
subsidiary
commerce
become
usual
call
entire
navigable
waters
country
navigable
waters
matters
little
whether
theoretical
ownership
dominion
waters
land
regulation
control
purposes
commerce
wide
extensive
operation
power
state
place
obstruction
upon
navigable
waters
congress
congress
may
summarily
remove
obstructions
pleasure
power
derived
power
regulate
commerce
power
stayed
comes
question
erecting
bridge
purposes
commerce
across
navigable
stream
think
think
power
regulate
commerce
extends
control
ble
waters
country
lands
purposes
navigation
purpose
erecting
piers
bridges
instrumentalities
commerce
judgment
congress
may
necessary
expedient
much
said
argument
decisions
new
york
may
well
refer
rulings
highest
state
rumsey
new
york
appeals
new
york
referring
prior
case
gould
hudson
river
said
held
owner
lands
hudson
river
private
right
property
waters
shore
high
low
water
mark
therefore
entitled
compensation
railroad
company
pursuance
grant
legislature
constructs
railroad
along
shore
high
low
water
mark
cut
communications
land
river
otherwise
across
railroad
believed
proposition
supported
judicial
decision
state
dealing
question
original
one
difficult
show
judgment
case
departure
precedent
contrary
reason
justice
case
must
think
regarded
law
state
owner
land
public
river
entitled
damages
may
sustained
railroad
company
constructs
road
across
water
front
deprives
access
navigable
part
stream
unless
owner
granted
right
obtained
power
eminent
domain
principle
course
extended
interfere
right
state
improve
navigation
river
power
congress
regulate
commerce
provisions
federal
constitution
later
case
new
york
relating
new
york
appeals
observing
rumsey
new
york
careful
say
principle
announced
extended
interfere
right
state
improve
navigation
river
power
congress
regulate
commerce
provisions
federal
constitution
said
think
logical
deduction
decisions
state
general
public
official
representatives
riparian
owners
right
prevent
important
public
improvements
upon
tidewater
benefit
commerce
principle
upon
rule
rests
although
sometimes
foreshadowed
clearly
set
forth
although
individuals
unorganized
public
riparian
owners
special
rights
tideway
recognized
protected
law
general
public
organized
represented
government
rights
yield
commercial
necessities
except
right
conferred
statute
right
wharfage
protected
grant
covenant
part
state
langdon
williams
cases
think
rule
rests
upon
principle
implied
reservation
every
grant
lands
bounded
navigable
waters
tide
ebbs
flows
made
crown
state
trustee
public
reserved
implication
right
improve
water
front
aid
navigation
benefit
general
public
without
compensation
riparian
owner
implication
springs
title
tideway
nature
subject
grant
relation
navigable
tidewater
aptly
called
highway
world
common
law
recognizes
navigation
interest
paramount
importance
public
cases
concur
holding
power
congress
regulate
commerce
therefore
navigation
paramount
unrestricted
except
limitations
upon
authority
constitution
course
every
part
constitution
binding
upon
congress
upon
people
guaranties
prescribed
security
private
property
must
respected
whether
navigation
upon
waters
congress
may
exert
authority
requires
improvement
improvement
particular
way
matters
wholly
within
discretion
judiciary
without
power
control
defeat
congress
long
branch
government
transcend
limits
established
law
land
broad
power
congress
invested
burdened
condition
riparian
owner
whose
land
borders
upon
navigable
water
shall
compensated
right
access
navigability
whenever
right
ceases
value
solely
consequence
improvement
navigation
means
piers
resting
upon
submerged
lands
away
shore
line
think
question
us
depend
upon
inquiry
whether
title
submerged
lands
new
south
pier
rests
state
riparian
owner
settled
rule
michigan
title
riparian
owner
extends
middle
line
lake
stream
inland
waters
webber
pere
marquette
boom
authorities
cited
equally
well
settled
state
rights
riparian
owner
subject
public
easement
servitude
navigation
lorman
benson
ryan
brown
whether
title
submerged
lands
navigable
waters
state
riparian
owners
acquired
subject
rights
public
navigation
waters
primary
use
waters
lands
purposes
navigation
erection
piers
improve
navigation
public
entirely
consistent
use
infringes
right
riparian
owner
whatever
nature
interest
riparian
owner
submerged
lands
front
upland
bordering
public
navigable
water
title
full
complete
title
fast
land
direct
connection
navigation
water
qualified
title
bare
technical
title
absolute
disposal
upland
held
times
subordinate
use
submerged
lands
waters
flowing
may
consistent
demanded
public
right
navigation
lorman
benson
cited
michigan
speaking
justice
campbell
declared
right
navigation
one
others
subservient
learned
counsel
plaintiff
frankly
compensation
demanded
appropriation
submerged
lands
question
power
regulate
commerce
unquestioned
right
occupy
lawful
purpose
lawful
manner
must
certainly
every
case
use
submerged
lands
necessary
appropriate
improving
navigation
contention
compensation
must
made
loss
plaintiff
access
upland
navigability
incidentally
resulting
occupancy
submerged
lands
even
construction
maintenance
pier
resting
upon
necessary
valuable
proper
improvement
navigation
assent
view
riparian
owner
enjoy
access
navigability
improvement
navigation
construction
away
shore
line
works
public
navigable
river
water
right
access
ceases
alone
reason
value
within
meaning
constitution
taking
private
property
public
use
consequential
injury
right
must
enjoyed
said
yates
case
due
subjection
rights
public
injury
resulting
incidentally
exercise
governmental
power
benefit
general
public
duty
arises
make
secure
compensation
riparian
owner
riparian
owner
acquired
right
access
navigability
subject
contingency
right
might
become
valueless
consequence
erection
competent
authority
structures
submerged
lands
front
property
purpose
improving
navigation
erecting
pier
question
government
object
view
except
interest
public
improve
navigation
designed
arbitrarily
capriciously
destroy
rights
belonging
riparian
owner
done
manifestly
necessary
meet
demands
international
interstate
commerce
opinion
intended
paramount
authority
congress
improve
navigation
public
navigable
waters
crippled
compelling
government
make
compensation
injury
riparian
owner
right
access
navigability
might
incidentally
result
improvement
ordered
congress
subject
congress
dealt
navigation
sought
accomplished
simply
improve
navigation
waters
question
meet
wants
vast
commerce
passing
pass
consequently
agents
designated
perform
work
ordered
authorized
congress
right
proceed
proper
ways
without
taking
account
injury
might
possibly
indirectly
result
work
right
access
riparian
owners
navigability
follows
said
pier
question
property
defendant
refused
plaintiff
privilege
using
wharf
landing
place
violated
right
secured
latter
constitution
opinion
correctly
held
plaintiff
right
property
submerged
lands
pier
question
rests
entitles
constitution
compensated
loss
access
upland
navigability
resulting
erection
maintenance
pier
order
improve
manifestly
improve
navigation
public
navigable
water
judgment
michigan
therefore
affirmed
justice
brewer
concurred
result
justice
shiras
dissenting
gilmore
scranton
plaintiff
error
derived
title
tract
land
known
private
land
claim
fronting
mary
river
stream
naturally
navigable
patent
granted
october
must
regarded
settled
law
grants
congress
portions
public
lands
bordering
bounded
navigable
waters
convey
force
title
right
water
mark
leave
question
use
shores
owners
uplands
sovereign
control
state
subject
rights
vested
constitution
shively
bowlby
ed
sup
controversy
parties
claiming
patent
donation
land
claim
bounded
columbia
river
parties
claiming
deeds
state
oregon
lands
lines
low
ordinary
high
tide
columbia
river
held
oregon
pac
lands
question
lying
uplands
navigable
channel
columbia
river
belonged
state
oregon
deed
lands
conveyed
valid
title
case
brought
judgment
oregon
affirmed
opinion
contains
elaborate
review
english
authorities
expounding
common
law
decisions
several
previous
decisions
conclusion
reached
title
rights
riparian
littoral
proprietors
soil
mark
governed
local
laws
several
subject
course
rights
granted
constitution
theory
congress
acted
matter
thus
stated
congress
disposing
public
lands
constantly
acted
upon
theory
lands
whether
interior
coast
mark
may
taken
actual
occupants
order
encourage
settlement
country
navigable
waters
soils
whether
within
ebb
flow
tide
shall
remain
public
highways
chiefly
valuable
public
purposes
commerce
navigation
fishery
improvements
necessary
secure
promote
purposes
shall
granted
away
period
territorial
government
unless
case
international
duty
public
exigency
shall
held
trust
future
shall
vest
several
organized
admitted
union
powers
prerogatives
appertaining
older
regard
waters
soils
within
respective
jurisdictions
short
shall
disposed
piecemeal
individuals
private
property
shall
held
whole
purpose
ultimately
administered
dealt
public
benefit
state
shall
become
completely
organized
community
reasoning
conclusions
case
followed
applied
subsequent
cases
mann
tacoma
land
ed
sup
anthony
falls
water
power
paul
water
comrs
ed
sup
morris
ed
sup
said
title
submerged
land
became
vested
plaintiff
error
state
grantees
reason
fact
law
michigan
case
lands
abutting
navigable
streams
thtles
derived
state
titles
extend
embrace
submerged
lands
far
thread
stream
never
held
michigan
doctrine
applied
case
titles
derived
shively
bowlby
mann
tacoma
land
cited
cases
held
titles
derived
grants
lands
abutting
navigable
waters
avail
state
subsequent
grantees
pretended
state
michigan
ever
made
grant
submerged
lands
plaintiff
error
contrary
state
transferred
rights
mary
canal
public
works
thereon
appurtenances
stat
seem
dispose
claim
land
occupied
pier
river
front
private
land
claim
indeed
counsel
plaintiff
error
briefs
filed
record
conceded
facts
case
compensation
demanded
priation
submerged
lands
restricted
argument
question
plaintiff
right
access
navigable
stream
bounding
property
opinion
case
correctly
stating
question
us
right
plaintiff
error
indemnified
total
destruction
access
river
confine
discussion
question
regarding
fact
plaintiff
error
failed
show
title
submerged
land
claim
urged
behalf
said
opinion
question
us
depend
upon
inquiry
whether
title
submerged
lands
new
south
pierrests
state
riparian
owner
settled
rule
michigan
title
riparian
owner
extends
middle
line
lake
stream
inland
waters
webber
pere
marquette
boom
authorities
cited
equally
well
settled
state
rights
riparian
owner
subject
public
easement
servitude
navigation
lorman
benson
ryan
brown
whether
title
submerged
lands
navigable
waters
state
riparian
owners
title
taken
subject
rights
public
navigation
waters
question
primary
use
waters
lands
purposes
navigation
erection
piers
improve
navigation
public
strictly
consistent
use
infringes
right
riparian
owner
whatever
interest
riparian
owner
submerged
lands
front
upland
title
full
complete
title
acquired
fast
land
direct
connection
navigation
river
water
borders
title
absolute
disposal
held
times
subordinate
use
submerged
lands
waters
flowing
consistent
demanded
public
right
navigation
learned
counsel
plaintiff
frankly
compensation
demanded
appropriation
submerged
lands
question
power
regulate
commerce
unquestioned
right
occupy
lawful
purpose
lawful
manner
must
every
case
use
submerged
lands
necessary
improvement
navigation
think
impossible
read
language
particularly
read
connection
passages
opinion
without
understanding
assert
riparian
owner
title
lands
navigable
waters
adjacent
upland
land
may
taken
exclusive
possession
government
erection
public
work
without
compensation
even
state
hold
riparian
owner
title
submerged
lands
entitled
compensated
appropriation
public
purpose
connected
navigation
duty
overrule
decision
reasons
already
mentioned
question
us
therefore
portions
opinion
majority
justly
hereafter
regarded
furnishing
rule
decision
case
yet
must
permitted
disavow
proposition
case
arise
incline
think
shown
upon
principle
authority
private
property
submerged
lands
taken
exclusively
occupied
public
purpose
without
compensation
events
submit
time
decide
important
question
necessarily
arises
rights
owner
property
asserted
defended
argument
real
question
case
whether
owner
land
abutting
public
navigable
river
whose
title
extend
beyond
line
entitled
compensation
permanent
total
obstruction
right
access
navigability
resulting
maintenance
pier
constructed
river
opposite
land
purpose
improving
navigation
answer
question
nature
riparian
right
access
must
first
determined
right
must
admit
right
constitute
property
within
meaning
constitution
nature
license
prescription
deprived
benefit
public
without
entitled
compensation
term
standing
alone
includes
everything
subject
ownership
nomen
generalissimum
extending
every
species
valuable
right
interest
including
things
real
personal
easements
franchises
incorporeal
hereditaments
boston
salem
gray
shaw
ch
term
applied
lands
comprehends
every
species
title
inchoate
complete
supposed
embrace
rights
lie
contract
executory
well
executed
soulard
pet
ed
marshall
ch
private
property
one
something
belongs
inheres
exclusively
individual
person
right
riparian
owner
navigable
stream
traveling
upon
using
purpose
navigation
must
distinguished
right
reach
navigable
water
land
reach
land
water
former
right
one
belongs
one
public
protection
found
indictments
suit
public
special
circumstances
proceedings
equity
use
concerned
public
right
compensation
private
parties
injury
affecting
latter
right
private
one
incident
ownership
abutting
property
enjoyment
owner
entitled
protection
private
remedies
afforded
law
wrongdoers
taken
benefit
public
entitled
compensation
distinction
always
recognized
english
courts
rose
groves
mann
case
innkeeper
held
entitled
recover
damages
defendant
wrongfully
preventing
access
guests
home
situated
river
thames
placing
timbers
river
opposite
inn
wherein
meeting
contention
plaintiff
private
right
action
remedy
ceedings
public
nuisance
maule
said
action
obstructing
river
obstructing
access
plaintiff
house
river
lyon
fishmongers
app
cas
lord
cairns
said
understand
judgment
rose
groves
went
upon
ground
public
nuisance
accompanied
particular
damage
plaintiff
upon
principle
private
right
plaintiff
interfered
plaintiff
innkeeper
banks
navigable
river
complained
access
public
house
obstructed
timber
defendant
placed
river
height
absurdity
say
private
right
interfered
man
accustomed
enter
house
highway
finds
door
made
impassable
longer
access
house
public
highway
equally
private
injury
whether
right
public
pass
repass
along
highway
time
interfered
rose
groves
chief
justice
tindal
put
case
distinctly
upon
footing
infringement
private
right
says
private
right
set
part
plaintiff
complains
injury
done
stating
facts
adds
appears
therefore
plaintiff
complaining
public
injury
elsewhere
case
lord
cairns
said
authorities
appears
quite
clear
right
man
step
land
onto
highway
something
quite
different
public
right
using
highway
owner
wharf
river
bank
like
every
subject
realm
right
navigating
river
one
public
however
right
coming
qua
owner
occupier
lands
bank
right
per
se
enjoys
manner
different
member
public
right
navigation
connected
exclusive
access
particular
wharf
assumes
different
character
ceases
right
held
common
rest
public
members
public
access
river
particular
place
becomes
form
enjoyment
land
river
connection
land
disturbance
may
vindicated
damages
action
restrained
injunction
decided
house
cases
referred
portion
valuable
enjoyment
land
work
takes
away
held
affecting
land
say
occasioning
land
injuria
infringement
right
taking
away
river
frontage
wharf
raising
impediment
along
frontage
interrupting
access
wharf
river
may
injury
public
right
navigation
less
injury
owner
wharf
absence
parliamentary
authority
compensated
damages
altogether
prevented
app
cas
distinction
right
immediate
access
abutter
property
highway
whether
street
navigable
stream
injury
arising
reaches
common
rest
public
recognized
courts
former
right
held
valuable
one
destroyed
without
compensation
thus
haskell
new
bedford
mass
held
sewer
constructed
city
new
bedford
discharged
filth
dock
plaintiff
obstructing
use
created
private
nuisance
plaintiff
upon
land
maintain
action
special
damages
thereby
occasioned
without
regard
question
whether
also
nuisance
public
justice
gray
justice
saying
plaintiff
title
extended
virtue
statute
chap
channel
river
filling
dock
impaired
use
enjoyment
purpose
constructed
actually
used
injury
thus
done
differed
degree
kind
injury
public
interference
navigation
neither
special
injury
occasioned
premises
making
sive
unhealthy
merged
common
nuisance
citing
among
cases
rose
groves
one
english
cases
mentioned
brayton
fall
river
mass
held
owner
wharf
upon
creek
maintain
action
illegal
obstruction
creek
common
damage
use
yet
obstruction
adjoining
wharf
prevents
vessels
lying
accustomed
manner
particular
damage
maintain
action
delaplaine
chicago
wisconsin
held
riparian
proprietor
takes
water
line
means
follows
willing
admit
deprived
riparian
rights
without
compensation
proprietor
adjoining
land
connected
right
exclusive
access
waters
lake
particular
place
right
build
piers
wharves
front
land
navigable
waters
aid
navigation
interfering
public
use
private
rights
incident
ownership
shore
possesses
distinct
rest
public
evident
nature
case
rights
user
exclusion
connected
land
grow
location
materially
abridged
destroyed
without
inflicting
injury
upon
owner
law
redress
seems
unnecessary
add
remark
riparian
rights
common
citizens
large
exist
incidents
right
soil
adjacent
water
words
according
uniform
doctrine
best
authorities
foundation
riparian
rights
ex
vi
termini
ownership
bank
shore
riparian
rights
undoubted
elements
value
property
thus
situated
destroyed
anyone
seriously
claim
plaintiffs
suffered
special
damage
respect
property
different
degree
kind
sustained
general
public
seems
us
brisbine
paul
held
minnesota
state
give
railroad
company
right
occupy
riparian
front
without
making
compensation
injury
riparian
rights
citing
cases
said
doctrine
decisions
plaintiff
possessed
right
enjoy
free
communication
abutting
premises
navigable
channel
river
build
maintain
public
use
suitable
landing
places
wharves
etc
rights
thus
belonged
riparian
owner
abutting
premises
valuable
property
rights
devested
without
consent
except
due
process
law
public
purposes
upon
compensation
indiana
eberle
ind
indiana
said
may
rule
decision
elsewhere
nothing
better
settled
state
owners
lots
abutting
street
may
peculiar
distinct
interest
easement
street
front
lots
interest
includes
right
street
kept
open
free
obstruction
prevents
materially
interferes
ordinary
means
ingress
egress
lots
distinguished
interest
general
public
becomes
right
appendant
legally
adhering
contiguous
grounds
improvements
thereon
owner
may
adapted
street
extent
street
necessary
convenient
means
access
lot
much
valuable
property
right
lot
therefore
perverted
uses
originally
dedicated
devoted
uses
inconsistent
street
purposes
without
abutting
lotowner
consent
due
compensation
first
made
according
law
injury
damage
may
directly
result
interference
right
owner
lot
abutting
street
free
access
street
right
analogous
one
considering
frequently
considered
state
courts
conclusions
reached
thus
stated
dillon
municipal
corporations
ed
full
conception
true
nature
public
street
city
respects
rights
public
one
hand
rights
adjoining
owner
slowly
evolved
experience
recent
period
two
distinct
rights
separately
relations
come
understood
defined
precision
injustice
abutting
owner
arising
exercise
unrestrained
legislative
power
streets
cities
abutter
necessarily
sought
legal
redress
discussion
thence
ensuing
led
careful
ascertainment
nature
streets
rights
adjoining
owner
respect
thereof
seen
common
rest
public
right
passage
seen
rights
shared
public
large
special
peculiar
arose
relation
lot
street
front
rights
whether
bare
fee
streets
lotowner
city
rights
property
sacred
legislative
invasion
right
lot
cities
abutting
owner
property
essentially
dependent
upon
sewer
gas
water
connections
owner
pay
contribute
purse
also
pay
contribute
towards
cost
sidewalks
pavements
expenditures
well
relations
lot
street
give
special
interest
street
front
distinct
public
large
may
make
right
proper
uses
street
subject
paramount
right
public
street
uses
proper
subject
also
reasonable
proper
municipal
police
regulation
rights
property
rights
like
property
rights
protection
constitution
courts
new
york
formerly
took
another
view
hold
right
access
valuable
property
right
entitled
constitutional
protection
steers
brooklyn
langdon
new
york
true
later
case
sage
new
york
held
riparian
rights
owner
lots
abutting
harlem
river
stream
subordinate
right
city
new
york
ancient
charters
supplemented
constitutional
legislation
state
grants
fill
make
improvements
exterior
street
docks
bulkheads
mark
front
upland
mark
essential
navigation
commerce
without
compensation
opinion
shows
decision
put
wholly
upon
law
state
new
york
declared
authorities
cited
thus
language
gerard
work
titles
real
estate
adopted
established
state
new
yrok
judicial
decision
legislature
state
inherent
right
control
regulate
navigable
waters
within
state
individual
right
riparian
owner
considered
subject
right
state
abridge
destroy
pleasure
construction
filling
beyond
outer
line
without
compensation
made
says
authorities
accord
others
opposed
rule
adopted
state
want
harmony
probably
owing
difference
rule
ownership
tideway
held
jurisdictions
belong
state
others
riparian
proprietors
also
accounts
want
harmony
federal
courts
follow
courts
state
case
arose
unless
question
arises
act
congress
case
therefore
must
regarded
adjudication
state
new
york
nature
extent
riparian
rights
determined
law
state
federal
courts
passing
upon
rights
follow
law
backus
detroit
held
michigan
per
cooley
better
sensible
doctrine
land
water
front
riparian
proprietor
though
beyond
line
private
ownership
taken
appropriated
public
use
railway
company
right
eminent
domain
without
making
compensation
riparian
proprietor
leaving
decisions
state
courts
let
us
turn
shall
consider
necessary
advert
earlier
decisions
referred
considered
later
ones
paul
schurmeir
wall
ed
case
involving
right
complainant
schurmeir
enjoin
paul
railway
company
taking
possession
building
railroad
upon
certain
ground
city
paul
minnesota
bordering
mississippi
river
lying
lots
complainant
river
railroad
company
claimed
land
fee
congressional
land
grant
may
minnesota
held
complainant
entitled
decree
prayed
appeal
affirmed
judgment
minnesota
holding
case
dutton
shirey
black
ed
although
riparian
owners
limited
stream
still
also
right
construct
suitable
landings
wharves
convenience
commerce
navigation
accorded
riparian
properties
bordering
navigable
waters
affected
ebb
flow
tide
speaking
contention
behalf
railroad
company
complainant
dedicated
premises
public
street
thus
parted
title
said
construction
provision
assumed
respondents
correct
defense
suit
nevertheless
true
municipal
corporation
took
title
trust
impliedly
expressly
designated
acts
party
making
dedication
state
convey
respondents
right
disregard
trust
appropriate
premises
purpose
render
valueless
adjoining
real
estate
complainant
yates
milwaukee
wall
ed
appeal
circuit
district
wisconsin
held
owner
land
bounded
navigable
river
certain
riparian
rights
whether
title
extend
middle
stream
among
free
access
navigable
part
stream
right
make
landing
wharf
pier
use
use
public
rights
valuable
property
taken
public
good
due
compensation
made
opinion
per
miller
said
title
owner
lot
extends
beyond
dry
land
certainly
entitled
rights
riparian
proprietor
whose
land
bounded
navigable
stream
among
rights
access
navigable
part
river
front
lot
right
make
landing
wharf
pier
use
use
public
subject
general
rules
regulations
legislature
may
see
proper
impose
protection
rights
public
whatever
may
riparian
right
property
valuable
though
must
enjoyed
due
subjection
rights
public
arbitrarily
capriciously
destroyed
impaired
right
vested
owner
deprived
accordance
established
law
necessary
taken
public
good
upon
due
compensation
accordingly
reversed
decree
circuit
instructed
enter
decree
enjoining
city
milwaukee
defendants
interfering
plaintiff
wharf
reserving
however
right
city
remove
change
far
may
necessary
actual
improvement
navigability
river
upon
due
compensation
made
opinion
yates
milwaukee
like
majority
present
case
may
liable
criticism
made
upon
shively
bowlby
ed
sup
gone
far
saying
owner
land
adjoining
navigable
water
whether
within
ebb
flow
tide
independently
local
law
right
property
soil
water
mark
right
build
wharves
far
least
reach
water
really
navigable
corrected
direct
authority
proposition
considering
namely
riparian
rights
recognized
existing
law
state
valuable
property
subject
compensation
taken
public
use
case
weber
state
harbor
comrs
wall
ed
said
unnecessary
disposition
case
question
doctrine
riparian
proprietor
whose
land
bounded
navigable
stream
right
access
navigable
part
stream
front
land
construct
wharf
pier
projecting
stream
use
use
others
subject
general
rules
regulations
legislature
may
prescribe
protection
public
held
yates
milwaukee
contrary
recognize
correctness
doctrine
stated
affirmed
case
potomac
upper
potomac
ed
sup
sup
justice
matthews
delivering
opinion
quoted
approval
definition
riparian
owner
right
access
navigable
river
front
lot
given
justice
miller
yates
milwaukee
illinois
illinois
ed
sup
said
riparian
proprietor
entitled
among
rights
held
yates
milwaukee
wall
ed
access
navigable
part
water
front
lies
land
purpose
make
landing
wharf
pier
use
use
public
subject
general
rules
regulations
legislature
may
prescribe
protection
rights
public
case
cited
held
riparian
right
property
valuable
though
must
enjoyed
due
subjection
rights
public
arbitrarily
capriciously
impaired
eldridge
trezevant
ed
sup
held
following
hardin
jordan
ed
sup
shively
bowlby
ed
sup
nature
legal
incidents
land
abutting
navigable
streams
declared
law
state
wherein
land
situated
bill
filed
circuit
western
district
louisiana
eldridge
citizen
mississippi
board
engineers
state
louisiana
one
trezevant
employed
board
construct
public
levee
plantation
belonging
complainant
situated
carroll
township
state
louisiana
pursuance
act
general
assembly
state
circuit
dismissed
bill
appeal
taken
appeared
indeed
conceded
appellant
law
constitution
state
french
law
existing
transfer
territory
land
construction
public
levee
mississippi
river
taken
without
compensation
reason
servitude
lands
purpose
contended
behalf
appellant
citizen
another
state
derived
title
patent
whatever
may
condition
ancient
grants
condition
attached
ownership
lands
bordering
navigable
stream
much
within
protection
constitutional
principle
awarding
compensation
property
reviewing
provisions
constitution
laws
state
decisions
state
construing
citing
federal
decisions
said
decisions
dispose
proposition
lands
situated
within
state
whose
title
derived
entitled
exempted
local
regulations
admitted
applicable
lands
held
grant
state
also
proposition
provisions
amendment
extend
override
public
rights
existing
form
servitudes
easements
held
courts
state
valid
constitution
laws
state
rights
regulations
falls
within
control
provisions
amendment
constitution
satisfied
cases
like
present
one
state
law
benefits
obligations
impartially
administered
walker
sauvinet
ed
davidson
new
orleans
ed
missouri
lewis
sub
nom
bowman
lewis
ed
hallinger
davis
ed
sup
plaintiff
error
indeed
citizen
louisiana
concedes
respects
property
state
received
measure
right
awarded
citizens
unable
see
light
federal
constitution
deprived
property
without
due
process
law
denied
equal
protection
laws
case
gibson
ed
sup
cited
relied
majority
opinion
case
owner
farm
fronting
ohio
river
filed
petition
claims
complaining
construction
dyke
bed
river
plaintiff
alleged
interfere
landing
principal
finding
claims
follows
access
navigable
portion
stream
entirely
cut
stage
water
frequently
occurs
november
december
march
april
may
get
dock
manner
stage
communicate
navigable
channel
chute
time
haul
channel
wagon
injury
suffered
therefore
plaintiff
inconvenience
haul
produce
wagon
across
dike
portions
year
water
stage
part
ohio
river
navigation
almost
wholly
suspended
times
stage
water
permitted
navigation
plaintiff
use
dock
claims
dismissed
petition
decree
affirmed
pretense
dike
question
touched
plaintiff
land
point
chief
justice
opinion
put
judgment
chiefly
decisions
state
said
established
law
pennsylvania
observed
justice
gray
shively
bowlby
owner
lands
bounded
navigable
water
title
soil
high
low
water
mark
subject
public
right
navigation
authority
legislature
make
public
improvements
upon
regulate
use
citing
several
pennsylvania
cases
chief
justice
concluded
opinion
saying
short
damage
resulting
prosecution
improvement
navigable
highway
public
good
result
taking
appellant
property
merely
incidental
exercise
servitude
property
always
subject
obvious
therefore
case
applied
doctrine
trine
eldridge
trezevant
cited
opinion
servitude
plaintiff
lands
said
subject
servitude
existing
state
law
servitude
created
federal
law
originally
formed
union
admitted
since
never
held
departments
impose
servitudes
upon
lands
owned
grantees
cases
way
new
orleans
pet
ed
pollard
hagan
ed
barney
keokuk
ed
van
brocklin
tennessee
sub
nom
van
brocklin
anderson
ed
sup
shively
bowlby
ed
sup
recent
case
morris
ed
sup
question
nature
extent
riparian
rights
potomac
river
front
city
washington
involved
majority
held
evidence
titles
owners
lots
city
plans
bounded
water
street
therefore
owners
possessed
riparian
rights
entitled
compensation
carrying
scheme
improvement
waters
river
opinion
proceeded
assumption
matter
law
owners
land
abutting
river
possessed
riparian
rights
entitled
therefore
compensation
rights
impaired
paired
destroyed
improvements
proposed
government
held
conclusion
evidence
matter
fact
owners
lots
city
plans
titles
extending
river
lots
bounded
water
street
title
city
therefore
compensation
exclusion
river
enforced
case
therefore
may
properly
regarded
authority
proposition
owners
lots
abutting
navigable
river
entitled
compensation
riparian
right
access
taken
improvements
made
government
promote
navigability
potomac
river
long
investigation
counsel
indeed
labor
vain
last
riparian
rights
possessed
lotowners
decided
private
property
within
protection
constitution
law
state
land
situated
right
access
navigable
streams
one
incidents
abutting
land
rights
held
property
valuable
incidental
power
arising
jurisdiction
interstate
commerce
destroy
right
access
without
making
compensation
think
question
may
well
answered
words
gould
work
waters
ed
conceded
riparian
rights
property
question
right
take
without
compensation
appear
end
argument
right
compensation
case
seems
based
upon
assumption
government
power
make
improvements
navigable
waters
follows
without
making
compensation
owners
private
property
destroyed
improvements
assumption
think
entirely
without
foundation
permitted
courts
made
practically
applicable
amount
disregard
express
mandate
constitution
private
property
shall
taken
public
uses
without
compensation
power
establish
postoffices
create
courts
within
conferred
upon
federal
government
included
authority
obtain
sites
offices
courthouses
obtain
means
known
appropriate
right
eminent
domain
one
means
well
known
constitution
adopted
employed
obtain
land
public
uses
ence
therefore
grantee
power
questioned
constitution
contains
implied
recognition
beyond
may
justly
implied
express
grants
amendment
contains
provision
private
property
shall
taken
public
use
without
compensation
implied
assertion
making
compensation
may
taken
kohl
ed
accordingly
case
proceeding
instituted
appropriate
percel
land
city
cincinnati
site
postoffice
public
uses
upheld
proceedings
contemplated
compensation
congress
act
authorizing
proceedings
appropriated
money
purpose
order
render
valid
appropriation
private
property
use
government
erection
postoffices
courthouses
compensation
must
made
difference
principle
government
appropriating
private
property
purpose
improving
navigation
navigable
stream
question
already
put
answered
monongahela
nav
ed
sup
said
doubted
congress
power
discretion
compel
removal
lock
dam
obstructions
navigation
river
condemn
take
purpose
promoting
navigability
words
within
competency
congress
make
provision
respecting
improvement
monongahela
river
judgment
public
interests
demand
dominion
like
powers
granted
congress
constitution
power
regulate
commerce
subject
limitations
imposed
instrument
among
amendment
heretofore
quoted
congress
control
regulation
commerce
exercising
control
deems
necessary
take
private
property
must
proceed
subject
tations
imposed
amendment
take
payment
compensation
power
regulate
commerce
given
broader
terms
establish
postoffices
post
roads
congress
wishes
take
private
property
upon
build
postoffice
must
either
agree
upon
price
owner
condemnation
pay
compensation
therefor
true
respect
condemnation
property
postoffice
equally
true
condemnation
sought
purpose
improving
natural
highway
already
remarked
power
government
control
regulate
navigable
streams
carry
effect
schemes
improvement
directly
given
constitution
recognized
courts
incident
power
expressly
given
regulate
commerce
foreign
nations
held
congress
power
take
destroy
private
property
lying
adjacent
navigable
streams
without
compensating
owners
done
exercise
power
regulate
commerce
must
follow
unlimited
power
exercised
respect
private
property
bounded
water
power
congress
regulate
commerce
restricted
commerce
carried
lakes
rivers
equally
extends
commerce
carried
land
congress
yielding
loud
increasing
popular
demand
take
possession
control
railroads
country
undertake
construction
new
railroads
arteries
commerce
novel
notion
existence
right
regulate
commerce
creates
independently
law
state
federal
servitude
property
affected
exercise
right
apply
kinds
private
property
wherever
situated
may
asked
question
riparian
rights
one
state
law
decision
michigan
present
case
denying
claim
abutting
owner
compensation
loss
access
river
conclusive
answer
question
found
opinion
instead
ascertaining
applying
professing
apply
law
state
respect
riparian
rights
michigan
treated
question
one
federal
law
following
understood
doctrine
laid
several
federal
circuit
decisions
obligatory
held
competent
government
exercise
power
regulate
commerce
deprive
abutting
owners
right
access
navigable
streams
without
compensating
loss
cases
relied
stockton
baltimore
fed
inters
com
hawkins
point
lighthouse
case
fed
scranton
wheeler
app
fed
first
cases
arose
bill
filed
circuit
district
new
jersey
attorney
general
new
jersey
seeking
restrain
baltimore
new
york
railroad
company
acting
congressional
authority
occupying
without
compensation
land
belonging
state
new
jersey
lying
tide
waters
pier
bridge
justice
bradley
refusing
injunction
said
character
state
ownership
land
ownership
held
purpose
emolument
public
use
especially
public
use
navigation
question
arises
whether
kind
property
susceptible
pecuniary
compensation
within
meaning
constitution
amendment
provides
private
property
shall
taken
without
compensation
making
reference
public
property
phrase
may
application
broad
enough
include
property
ownership
question
still
arise
whether
appropriation
square
feet
river
bottom
foundation
bridge
used
transportation
extensive
commerce
aid
relief
afforded
waterway
diversion
property
original
public
use
justice
bradley
new
jersey
lawyer
availed
case
law
state
always
effect
land
underlying
tide
waters
belonged
state
held
public
use
view
law
new
jersey
land
beneath
tide
waters
held
state
public
uses
land
private
property
within
meaning
constitution
events
occupation
limited
extent
pier
bridge
intended
promote
commerce
diversion
property
original
use
needs
argument
show
decision
applicable
present
case
indeed
plain
case
one
involving
right
abutter
access
tide
water
laws
state
private
property
decision
learned
justice
different
organ
pronouncing
opinion
barney
keokuk
ed
question
whether
title
riparian
proprietors
banks
mississippi
extended
ordinary
mark
shore
high
low
water
mark
said
view
subject
correct
principles
laid
martin
waddell
pet
ed
pollard
hagan
ed
goodtitle
kibbe
ed
cases
related
tide
water
true
enunciate
principles
equally
applicable
navigable
waters
since
case
genesee
chief
ed
declared
great
lakes
navigable
waters
country
well
flow
tide
strictest
sense
entitled
denomination
navigable
waters
amenable
admiralty
jurisdiction
seems
sound
reason
adhering
old
rule
proprietorship
beds
shores
waters
properly
belongs
inherent
sovereignty
wisely
abstained
extending
extend
survey
grants
beyond
limits
high
water
cases
seemed
hold
contrary
view
depended
cases
must
depend
local
laws
lands
situated
iowa
stated
correct
rule
seems
adopted
elaborate
investigation
subject
whether
distinction
suggested
justice
bradley
property
held
state
public
purposes
private
property
sound
doctrine
application
present
case
circuit
case
brought
review
suggestion
remains
unadjudged
hawkins
point
lighthouse
case
ejectment
brought
circuit
district
maryland
recover
possession
land
covered
lighthouse
erected
land
lying
waters
navigable
river
lighthouse
board
pursuance
acts
congress
plaintiff
claimed
owner
submerged
land
action
involve
question
access
river
judge
morris
held
plaintiff
entitled
recover
although
stating
appeals
maryland
whenever
called
upon
declare
nature
title
state
grantees
land
bottom
navigable
streams
uniformly
held
soil
mark
much
part
jus
publicum
stream
extended
justice
bradley
suggestion
new
jersey
case
declared
plaintiff
grantee
state
private
property
submerged
land
entitled
constitutional
protection
structure
lighthouse
case
might
governed
peculiar
considerations
learned
judge
circuit
seems
gone
matter
federal
law
hands
state
state
grantees
bed
navigable
river
remains
subject
easement
navigation
general
government
lawfully
enforce
improve
protect
means
true
dealing
navigable
stream
impairs
value
rights
riparian
owners
gives
claim
compensation
meant
riparian
owners
may
deprived
without
compensation
access
navigable
streams
abutting
land
reason
supposed
servitude
easement
imposed
power
granted
congress
constitution
regulate
commerce
reasons
heretofore
given
authorities
cited
view
sustained
case
name
hill
brought
writ
error
dismissed
independent
ground
rendered
unnecessary
pass
upon
questions
ruled
question
right
plaintiff
compensated
deprivation
riparian
rights
considered
indeed
held
neither
circuit
jurisdiction
hill
ed
sup
yet
case
michigan
said
opinion
exactly
point
rule
present
case
case
relied
michigan
scranton
wheeler
app
fed
identical
case
removed
state
federal
subsequently
brought
dismissed
record
show
federal
question
raised
presented
plaintiff
statement
case
state
accordingly
cause
remanded
state
subsequently
reached
writ
error
michigan
case
circuit
appeals
opinion
filed
circuit
judge
lurton
without
adverting
law
state
michigan
citing
decisions
state
respect
riparian
rights
held
right
plaintiff
access
navigable
water
subordinate
power
federal
government
control
stream
purposes
commerce
plaintiff
therefore
entitled
compensation
extinction
right
proposition
frequently
made
power
congress
regulate
interstate
commerce
therefore
navigation
paramount
properly
understood
mean
authority
matters
general
government
latter
superior
reference
questions
concerning
private
property
lying
within
much
less
rightly
used
signify
power
exercised
congress
without
regard
right
compensation
private
property
taken
public
use
suggestion
riparian
owner
acquired
right
access
navigability
subject
possibility
right
might
become
valueless
consequence
erection
competent
authority
structures
submerged
lands
front
property
purpose
improving
navigation
seem
irrelevant
liability
private
property
may
times
taken
public
uses
known
everyone
hitherto
supposed
knowledge
liability
deprives
owner
right
compensation
property
actually
taken
statement
opinion
intended
framers
constitution
paramount
authority
congress
improve
navigation
public
navigable
waters
crippled
compelling
government
make
compensation
injury
riparian
owner
right
access
navigability
might
incidentally
result
improvement
admitted
intention
framers
seen
provisions
constitution
right
take
private
property
public
uses
indissolubly
connected
duty
make
compensation
supposed
recognition
duty
cripple
government
exercise
power
incidentally
possesses
regulate
interstate
navigation
michigan
considered
question
solely
federal
one
supposed
controlled
federal
cases
cited
jurisdiction
review
judgment
judgment
plaintiff
error
refused
protection
constitution
claimed
think
judgment
reversed
cause
remanded
proceeded
according
law
justice
gray
justice
peckham
concur
dissent