shively bowlby argued decided march statement justice gray original suit nature bill equity brought june john bowlby parker charles shively wife circuit county clatsop state oregon quiet title lands mark city astoria case appearing record follows may john shively wife owners donation land claim laid recorded act congress september stat commonly known donation act embracing town much present city astoria bounded north columbia river may john shively laid caused recorded plat claim land mark also adjacent tide lands portion bed columbia river including lands controversy divided blocks feet square separated streets feet wide running right angles others nearly parallel mark outermost streets within feet ship channel blocks ordinary highwater mark block front block high low water mark front block came blocks successively strip feet wide southern part block mark whole rest block mark water mark line ordinary low tide september north line block december time date feet north north line block february john shively wife conveyed blocks town plat astoria laid recorded john shively james welch nancy welch whose title afterwards conveyed plaintiffs june john shively laid caused recorded additional plat covering space blocks channel issued patent john shively wife donation land claim bounded columbia river september state oregon governor secretary treasuer acting board school land commissioners pursuant statute oregon october laws amending statute oregon october laws provisions statutes set forth words printed brackets statute printed italics inserted statute executed plaintiffs deed lands lying mark mark front block including tide land block also deed tide lands block never executed one deed tide lands north block plaintiffs afterwards held possession lands conveyed maintained wharf front block extended several hundred feet columbia river ocean river craft wont receive discharge freight december john shively acquired whatever title wife still lands controversy conveyed right title interest therein defendant charles shively april defendants pretending act statute oregon february laws executed recorded instrument dedicating public interest streets adjacent lands plaintiffs claimed deeds state oregon title tide lands west half block blocks north thereof west half block north thereof lines low ordinary high tide columbia river also claimed wharfing rights privileges front thereof ship channel prayed cloud created defendants instrument dedication might removed defendants adjudged title right premises relief defendants denied title right plaintiffs except west half block counterclaim nature cross bill stating facts set forth asserted patent john shively deed charles shively latter owner fee simple much east half block mark tide lands riparian wharfing rights front thereof channel excepting blocks also owner riparian wharfing rights front block channel excepting block contended second deed state oregon plaintiffs conveyed title part block mark tide lands shively conveyance specific blocks reference plat passed wharfing rights front thereof prayed might possession said premises damages plaintiffs withholding relief sustained demurrer plaintiffs counterclaim except part block mark dismissed claim motion plaintiffs dismissed suit without prejudice interest subject thereof defendant charles shively appealed state affirmed judgment upon ground grant bounded columbia river passed title right lands mark subsequent deeds state oregon pac said defendant thereupon sued writ error assigned following errors oregon decided grantee act congress september known donation land law land bounded tidal navigable waters columbia river obtained virtue said grant exclusive access channel said river wharfage rights ordinary high tide said river front said high land oregon decided said state absolute owner rights front high land granted said grantee said columbia river boundary meander line channel said columbia river exclusion rights grantee aforesaid said act congress september oregon decided said state absolute power dispose soil said river wharfage rights front high land granted said grantee predecessor plaintiff error said columbia river boundary private person private beneficial use disposed defendants error garland sidney dell plaintiff error dolph defendants error justice gray stating facts delivered opinion case concerns title certain lands mark columbia river state oregon defendant plaintiff error claiming plaintiffs defendants error claiming state oregon substance john shively owner title obtained act congress september chapter oregon territory tract land astoria bounded north columbia river made plat laying blocks streets including adjoining lands water mark conveyed four blocks one three mark persons conveyed plaintiffs plaintiffs afterwards obtained state oregon deeds conveyance tide lands front blocks built maintained wharf upon part defendant counterclaim asserted title subsequent conveyance shively tide lands included former deeds included deeds state counterclaim therefore depended upon effect grant shively land bounded columbia river conveyance shively defendant deeds state plaintiffs oregon affirming judgment lower state held counterclaim invalid thereupon accordance state practice gave leave plaintiffs dismiss complaint without prejudice hill code matter adjudged upon counterclaim judgment validity proceeded upon ground grant upon founded passed title right subsequent deeds state lands mark direct adjudication validity right privilege claimed law presents federal question within appellate jurisdiction rev jurisdiction repeatedly exercised without objection doubt similar cases writs error state courts railroad schurmeier wall packer bird sup knight association sup argued defendants error question presented mere question construction grant bounded tide water grantor private person rule construction case grant sovereign quite different governs private grants familiar rule chief foundation felicitously expressed sir william scott grants crown strictly construed grantee contrary usual policy law consideration grants upon ground prerogatives rights emoluments crown conferred upon great purposes public use shall intended prerogatives rights emoluments diminished grant beyond grant necessary unavoidable construction shall take away rebeckah rob many judgments effect charles river bridge warren bridge pet martin waddell pet central transp pullman sup yesler commissioners last term writ error dismissed want jurisdiction appear plaintiff error claimed grant sup present case clearly within jurisdiction proceed consideration merits briefs submitted case bar well yesler commissioners cited prosser railroad sup stands judgment able elaborate disclosed diversity view scope effect previous decisions upon subject public private rights lands mark navigable waters appears fit occasion full review decisions consideration authorities upon subject common law title dominion sea rivers arms sea tide ebbs flows lands mark within jurisdiction crown england king waters lands cover either times least tide incapable ordinary private occupation cultivation improvement natural primary uses public nature highways navigation commerce domestic foreign purpose fishing king subjects therefore title jus privatum lands waste unoccupied lands belongs king sovereign dominion thereof jus publicum vested representative nation public benefit great authority law england upon subject lord chief justice hale whose authorship treatise de jure maris sometimes questioned put beyond doubt recent researches moore foreshore ed treatise lord hale speaking king right propriety ownership sea soil thereof within jurisdiction lays following propositions right fishing sea creeks arms thereof originally lodged crown right depasturing originally lodged owner waste whereof lord right fishing belongs owner private inland river though king owner great waste consequent propriety hath primary right fishing sea creeks arms thereof yet common people england regularly liberty fishing sea creeks arms thereof public common piscary may without injury right restrained unless places creeks navigable rivers either king particular subject hath gained propriety exclusive common liberty shore ground ordinary mark doth prima facie common right belong king shore sea shore arms sea harg law tracts pp afterwards explains may belong subject point propriety charter grant whereof little doubt also prescription usage though subject may thus propriety navigable river part port yet cautions added viz people public interest jus publicum passage repassage goods water must obstructed nuisances jus privatum owner proprietor charged subject jus publicum belongs king subjects soil highway though point property may private man freehold yet charged public interest people may prejudiced damnified id pp second part de portibus maris lord hale says port fixed settled license charter king presumes supplies viz custom prescription soil franchise dominion thereof prima facie king derivation subject yet jus privatum clothed superinduced jus publicum wherein natives foreigners peace kingdom interested reason common commerce trade intercourse right speaking right belongs king jure prerogativae distinct right propriety said though dominion either franchise propriety lodged either prescription charter subject yet charged affected jus publicum belongs men charged affected jus regium right tive king far law invested king id pp england time lord hale treated settled title soil sea arms sea ordinary mark king except far individual corporation acquired rights express grant prescription usage fitzwalter case keb mod shep abr com dig bac abr king smith doug attorney general parmeter price attorney general chambers de gex de gex malcomson cas attorney general emerson app cas title jus privatum whether king subject held subject public right jus publicum navigation fishing parmeter cited attorney general johnson wils ch gann free fishers cas law declared house lords prevail scotland smith stair bell app cas lord advocate hamilton macq equally well settled grant sovereign land bounded sea navigable tide water pass title mark unless either language grant long usage clearly indicates intention lord hale harg law tracts pp somerset fogwell barn dowl smith stair bell app cas pacheco wall law england also every building wharf erected without license mark soil king purpresture may suit king either demolished seized rented benefit nuisance navigation lord hale harg law tracts mitf eq pl ed blundell catteral barn ald attorney general richards anstr attorney general parmeter price attorney general terry ch app note weber commissioners wall barney keokuk recent judgments house lords conflicting decisions courts established england owner land fronting navigable river tide ebbs flows right access land river may recover compensation cutting access construction public works authorized act parliament provides compensation affecting lands easements interests rights privileges affecting lands right thus recognized however title soil mark right build thereon right access analogous abutter upon highway buccleuch board works lyon fishmongers app cas decision said lord selborne applicable every country general law riparian rights prevails unless excluded positive rule binding authority lex loci railway pion app cas affirming sup common law england upon subject time emigration ancestors law country except far modified charters constitutions statutes usages several colonies constitution laws english possessions america claimed right discovery discovered subjects king england taken possession name authority assent held king representative trust nation vacant lands exclusive power grant vested various charters granted different monarchs stuart dynasty large tracts territory atlantic coast conveyed grantees territory described powers government including property dominion lands tide waters upon revolution rights crown parliament vested several subject rights surrendered national government constitution johnson mcintosh wheat martin waddell pet com city roxbury gray stevens railroad law people new york ferry leading case title dominion tide waters lands martin waddell pet arose new jersey follow charters granted charles brother duke york afterwards james included new york new jersey islands martha vineyard nantucket conveyed duke territories therein described lands islands soils rivers harbors mines minerals quarries woods marshes waters lakes fishings hawkings huntings fowling royalties profits commodities hereditaments thereto belonging appertaining right title interest benefit advantage claim demand king well full powers government provided however statutes ordinances proceedings contrary near conveniently might agreeable laws statutes government england rights property government part territories granted duke york proprietors east jersey surrendered queen anne powers authorities privileges concerning government province retaining rights private property leaming spicer new jersey grants action ejectment brought circuit district new jersey land tide waters raritan bay river plaintiff claimed title specific conveyances land proprietors east jersey defendants possession purpose planting growing oysters statute passed legislature state new jersey following though resting wholly upon decision new jersey arnold mundy law gave judgment defendants reasons assigned opinion delivered chief justice taney better summed words country mentioned letters patent held king public regal character representative nation trust pet charters view principles stated lord hale passage quoted concerning right fishing dominion propriety navigable waters soils passed part prerogative rights annexed political powers conferred duke hands intended trust common use new community established public trust benefit whole community freely used navigation fishery well shellfish floating fish property parceled sold duke individual emolument judgment lands navigable waters passed grantee one royalties incident powers government held manner purposes navigable waters england soils held crown id pp surrender proprietors restored crown ordinary prerogatives including great right dominion ownership rivers bays arms sea soils plight condition originally came hands duke york id revolution took place people state become sovereign character hold absolute right navigable waters soils common use subject rights since surrendered constitution general government id giving reasons holding royal charters sever soil navigable waters public right fishing powers government speaking effect grants title seashore others owner upland might upon peculiar rights supposed incident ownership upon public common rights benefits advantages navigable waters colonists enjoyed purposes extent used enjoyed centuries england every owner upland therefore common persons chief justice taney passage relied plaintiff error observed well otherwise men first formed english settlements expected encounter many hardships unavoidably attended emigration new world people banks bays rivers land water doors liable immediate appropriation another private property settler upon fast land thereby excluded enjoyment unable take shellfish bottom fasten stake even bathe waters without becoming trespasser upon rights another pet full extent decision may clearly appreciated referring dissenting opinion justice thompson case unanimous judgment subsequent case den jersey martin waddell justice thompson unavailingly contended title lands navigable tide jus privatum distinguished jus private property king duke proprietors east jersey unaffected surrender queen anne therefore passed plaintiff subject indeed public rights navigation passing repassing perhaps fishery floating fish right planting growing dredging oysters also king held land trustee common benefit subjects inalienable private property state new jersey succeeding rights revolution hold discharged trust dispose private exclusive use individuals pet den jersey ejectment land tide water reclaimed occupied building lots corporation pursuant act legislature state new jersey plaintiff claiming conveyance proprietors east jersey contended fee soil navigable waters part state conveyed proprietors private property subject public use public use ceased land question entitled exclusive possession nothing right fishery decided martin waddell speaking chief justice taney held decision martin waddell ejectment necessarily determined title soil governed case therefore gave judgment grantee state claimant proprietors governments several colonies view induce persons erect wharves benefit navigation commerce early allowed owners lands bounding tide waters greater rights privileges shore mark england nature degree rights privileges differed different colonies created statute others rested upon usage massachusetts virtue ancient colonial enactment commonly called really passed remaining force day title owner land bounded tide water extends mark shore flats water mark beyond rods private right thus created flats mere easement title fee support real action action trespass quare clausum fregit may conveyed owner without upland may build upon inclose provided impede public right way boats vessels title subject public rights navigation fishery therefore long flats built upon inclosed public rights restricted abridged state exercise sovereign power police protection harbors promotion commerce may without making compensation owners flats establish harbor lines flats beyond wharves shall thereafter built even actual injury navigation mass colony laws ed id ed pp city boston lecraw richardson city boston com alger cush ordinance vesting title fee flats owner upland conveyance land bounding tide water whatever name whether held include land mark far grantor owns city boston richardson allen mass cases cited declared chief justice shaw grants colony massachusetts ordinance lands bounded tide water include land mark com alger cush com city roxbury gray see also litchfield scituate mass decision manchester massachusetts sup affirming mass upheld jurisdiction state authority regulate fisheries within marine league coast rule principle massachusetts ordinance adopted practiced plymouth maine nantucket martha vineyard since union massachusetts colony massachusetts province charter com alger cush authorities collected com city roxbury gray new hampshire right shore recognized belong owner adjoining upland either reason jurisdiction massachusetts early continued usage nudd hobbs clement burns manufacturing robertson atl rhode island owners land tide water title mark long usage apparently sanctioned colonial statute accorded right build wharves structures upon flats front lands provided impede navigation prohibited legislature may recover damages one without authority legislature fills flats impair right ang tide waters ed folsom freeborn seem however owner upland right action one filling flats authority state public purpose gerhard commissioners atl clark city providence atl connecticut also title land mark state ancient usage without early legislation proprietor upland sole right nature franchise wharf occupy flats even mark provided interfere navigation right may conveyed separately upland fee flats reclaimed vests society halstead atl prior swartz atl exercise right subject regulations state may see fit impose authorizing commissioners establish harbor lines otherwise state sargent intimated appropriated state different public use without compensation farist steel city bridgeport atl new york long considered settled law state succeeded rights crown liament england lands tide waters owner land bounded navigable river within ebb flow tide private title right shore mark entitled compensation construction grant legislature state railroad along shore high mark cutting access land river except across railroad lansing smith wend gould railroad co people tibbetts people canal appraisers langdon mayor new york mayor new york hart staten island rapid transit owner upland right wharf without legislative authority titles granted lands tide water subject right state establish harbor lines people vanderbilt people new york ferry law state formerly understood recently far modified accordance decision buccleuch board works contrary decisions gould railroad cited stevens railroad law owner land bounded tide water may maintain action railroad corporation constructing road authority legislature cut access water williams mayor new york kane railroad rumsey railroad law new jersey upon subject recognized clearly stated recent judgment grant commissioners statute state railroad corporation tract land mark held preclude city continuing flats highway dedicated public owner upland examination effect given riparian laws state new jersey said justice matthews speaking borne mind lands mark constituting shores submerged lands navigable waters state according laws property state sovereign lands absolute exclusive dominion including right appropriate uses might best serve views public interest subject power conferred constitution upon congress regulate foreign interstate commerce object legislation question evidently define relative rights state representing public sovereignty interest owners land bounded water mark nature title state lands tide water thoroughly considered errors appeals new jersey case stevens railroad law declared page navigable waters within territorial limits state soil waters belong actual propriety public riparian owner common law peculiar rights public domain incidents estate privileges possesses local custom force wharf act acquire rights possession taken regulated revoked legislature result legal obstacle grant legislature defendants part property public lies front lands plaintiff mark therefore held case competent legislative power state grant stranger lands constituting shore navigable river tide water mark occupied used structures improvements manner cut access riparian owner land water without making compensation loss hoboken railroad sup arguments sides proposition upon general principles well law new jersey nowhere strongly fully stated chief justice beasley delivering opinion majority chancellor zabriskie speaking dissenting judges stevens railroad cited decided two years later chancellor zabriskie recognized settled case lands water including shore tide waters new jersey belong absolutely state power grant one free right riparian owner pennsylvania new york eq see also railroad yard law american dock trustees public schools eq pennsylvania likewise upon revolution state succeeded rights crown proprietors navigable waters soil rundle canal gilman philadelphia wall established law state owner lands bounded navigable water title soil high low water mark subject public right navigation authority legislature make public improvements upon regulate use tinicum fishing carter wainwright mccullough zug philadelphia scott wall harbor atl delaware declared navigable rivers within state belong state merely right eminent domain actual propriety bailey railroad har del see willson marsh pet maryland owner land bounded tide water authorized according various statutes beginning build wharves improvements upon flats front land acquire right land improved casey inloes gill baltimore mckim bland goodsell lawson md garitee mayor baltimore md horner pleasants md atl potomac steamboat upper potomac steamboat sup sup question riparian owner entitled wharf potomac river district columbia authority expressly conferred laws maryland force district speaking justice curtis affirming right state maryland protect oyster fishery within boundaries said soil mark subject exclusive propriety ownership belongs state whose maritime border within whose territory lies subject lawful grants soil state sovereign power governed territory declaration independence soil held state subject sense trust enjoyment certain public rights among common liberty taking fish well shellfish floating fish smith maryland state virginia held upon like grounds right prohibit persons citizens state planting oysters soil covered tide waters within state chief justice waite saying principle long settled state owns beds tide waters within jurisdiction unless granted away like manner tide waters fish far capable ownership running purpose state represents people ownership people sovereignty title thus held subject paramount right navigation regulation respect foreign interstate commerce granted mccready virginia virginia virtue statutes beginning owner land bounded tide waters title ordinary mark right build wharves provided obstruct navigation op attys french bankhead grat hardy mccullough grat norfolk city cooke grat garrison hall north carolina otherwise provided statute private ownership land bounded navigable waters stops mark land high low water mark belongs state may granted hatfield grimstead ired lewis keeling jones statutes state different periods either limited grants land bounded navigable waters mark permitted owners shore make entries land front far deep water purpose wharf owner shore appears right wharf subject regulations legislature may prescribe protection public rights navigation fishery wilson forbes dev collins benbury ired ired gregory forbes state narrows island club bond wool south carolina rules common law title land tide waters state grant land bounded waters passes title mark appear still force state pacific guano state pinckney id georgia also rules common law seem force tide waters except affected statutes state providing right owner lands adjacent navigable streams extends mark bed stream code howard ingersoll alabama georgia mayor savannah state young harrison foregoing summary laws original shows universal uniform law upon subject state dealt lands tide waters within borders according views justice policy reserving control lands granting rights therein individuals corporations whether owners adjoining upland considered best interests public great caution therefore necessary applying precedents one state cases arising another new admitted union since adoption constitution rights original tide waters lands mark within respective jurisdicuons act deed state virginia adoption constitution ceded congress assembled benefit said right title claim well soil jurisdiction northwest territory similar cession state georgia territory including great part alabama mississippi provided territory ceded formed admitted attaining certain population union words virginia cession rights sovereignty freedom independence words ordinance congress july government northwest territory adopted georgia cession equal footing original respects whatever lands within territory ceded reserved appropriated purposes considered common fund use benefit charters constitutions pp clayton laws georgia pp acts cong april stat may march stat pollard lessee hagan pollard lessee hagan upon full sideration overruling anything contrary pollard kibbe pet mobile eslava pet mobile hallett pet mobile emanuel pollard files adjudged upon admission state alabama union title lands mark navigable waters passed state afterwards granted away congress justice mckinley delivering opinion justice catron alone dissenting said think proper examination subject show never held municipal sovereignty jurisdiction right soil territory alabama new formed except temporary purposes execute trusts created acts virginia georgia legislatures deeds cession executed trust created treaty french republic april ceding louisiana accepted cession territory took upon trust hold municipal eminent domain new invest extent respects held ceding territories alabama admitted union equal footing original succeeded rights sovereignty jurisdiction eminent domain georgia possessed date cession except far right diminished public lands remaining possession control temporary purposes provided deed cession legislative acts connected nothing remained according terms agreement public lands therefore entitled sovereignty jurisdiction territory within limits subject common law extent georgia possessed ceded maintain doctrine deny alabama admitted union equal footing original constitution laws compact contrary notwithstanding alabama belong navigable waters soils controversy case subject rights surrendered constitution much reasoning learned justice implied title land mark granted away deed cession territory admission state union necessary decision involved grant made congress admission alabama followed two similar cases congress admission state undertaken confirm spanish grants made treaty san ildefonso therefore passing title whatever goodtitle kibbe doe beebe first cases chief justice taney speaking whole justice mckinley still member said congress might aranted land patentee confirmed spanish grant alabama became state done existence imperfect inoperative spanish grant enlarge power place question alabama became state authorize general government grant confirm title land sovereignty dominion become vested state decisions contended learned counsel plaintiff error rest solely upon terms deed cession state georgia clearly appears constant recognition doctrine applicable california acquired mexico treaty guadalupe hidalgo stat pacheco wall mumford wardwell wall weber commissioners wall packer bird sup city county san francisco le roy sup knight association sup pacheco dicided grant mexican government confirmed decree authority congress land bounded bay san francisco include land ordinary mark bay said justice field delivering judgment common law shore sea course arms sea land ordinary high low water mark land daily tides ebb flow therefore sea bay named boundary line ordinary mark always intended common law prevails nothing language decree requires adoption rule present case reference rule civil law bay given boundary grant mexican government result equally position appellants wall state california admitted union within year afterwards passed statutes declaring certain line designated upon recorded plan remain permanent water front city san francisco reserving state right regulate construction wharves improvements shall interfere shipping commercial interests bay harbor providing city might construct wharves end streets commencing bay exceeding yards beyond line spaces beyond wharves remain free obstructions used public slips weber commissioners held person afterwards acquiring title city lot wharf mark right complain works constructed commissioners state authority legislature protection harbor convenience shipping front wharf preventing approach vessels justice field delivering judgment said title soil tide waters bay acquired cession mexico equally title upland held trust future state upon admission california union upon equal footing original absolute property dominion sovereignty soils tide waters within limits passed state consequent right dispose title part said soils manner might deem proper subject paramount right navigation waters far navigation might required necessities commerce foreign nations among several regulation vested general government wall recent case knight association justice lamar delivering judgment said settled rule law absolute property dominion sovereignty soils tide waters original reserved several new since admitted rights sovereignty jurisdiction behalf original possess within respective borders upon acquisition territory mexico acquired title tide lands equally title upland respect former held trust future might erected territory sup support propositions referred martin waddell pollard lessee hagan mumford wardwell weber commissioners cited case held previously declared san francisco le roy cited doctrine apply lands previously granted parties former government subjected trusts require disposition way acquired california mexico treaty bound stipulations principles international law protect rights property acquired previous lawful grants mexican government sup therefore adjudged boundary bay mexican grant pueblo san francisco duly confirmed decree defined survey authority secretary interior following general line mark bay crossing mouth creek title lands inside line although mark creek included therefore pass deed state decisions referred bar regarding shores waters ebb flow tide sea felt really navigable considered reference facts upon made keeping mind local laws different well provisions acts congress relating waters law england scotland ireland owners banks prima facio beds rivers ebb flow tide even actually navigable thread stream usque ad filum aquae lord hale harg law tracts bickett morris sc murphy ryan ir com law ewing colquhoun app cas rule common law point appears followed original pennsylvania virginia north carolina except great rivers hudson mohawk lawrence new york well ohio illinois michigan wisconsin wholly rejected rivers navigable fact pennsylvania virginia north carolina new full collection careful analysis cases see gould waters ed earliest judicial statement prevailing doctrine country title soil rivers really navigable although ebb flow tide found case involving claim riparian proprietor exclusive fishery susquehanna river chief justice tilghman observing rule common law upon subject adopted pennsylvania said principle fact owners banks right water navigable rivers susquehanna navigable river therefore owners banks right said however cases assert navigable rivers meant rivers flow reflow tide definition may proper england river considerable importance navigation flow tide highly unreasonable applied large rivers ohio allegheny delaware schuylkill susquehanna branches carson blazer bin difference law pennsylvania england older decisions pennsylvania upon subject deemed binding precedents speaking justice grier held riparian owners erecting dams navigable rivers pennsylvania license state revocable pleasure therefore claim compensation injuries caused dams subsequent improvements authority state convenience navigation also law pennsylvania rights islands rivers obtained settlement rundle canal fisher haldeman acts congress sale public lands lands divided townships six miles square unless line indian reservation land previously surveyed patented course navigable rivers may render impracticable sections quarter sections bounded north south east west lines running corners corners fixed water course external boundary provided navigable rivers within territory disposed virtue act shall deemed remain public highways cases opposite banks stream navigable shall belong different persons stream bed thereof shall common acts may stat may march march stat rev acts also provide opinion president departure ordinary method surveying land river lake bayou watercourse promote public interest land may surveyed sold tracts acres width fronting water running back depth acres act may stat rev ordinance government northwest territory navigable waters leading mississippi saint lawrence carrying places shall common highways forever free well inhabitants said territory citizens may admitted confederacy charters constitutions act stat acts relating territories louisiana missouri contained similar provisions acts march june stat acts admission louisiana mississippi union likewise declared river mississippi navigable rivers waters leading gulf mexico shall common highways forever free well inhabitants said state citizens acts april stat march stat withers buckley affirming judgment highest mississippi miss held prevent legislature state improving canal navigation one navigable rivers thereby diverting without compensation flow water plaintiff land justice daniel delivering judgment said imputed congress ever designed forbid withhold state mississippi power improving interior state means either roads canals regulating rivers within territorial limits although plan improvement adopted might embrace affect course flow rivers situated within interior state intention ascribed congress right enforce may confidently denied clearly congress exact new state surrender attribute inherent character sovereign independent state indispensable equality sister necessarily implied guarantied nature federal compact obviously may said primarily among incidents equality right make improvements rivers watercourses highways situated within state see also bridge hatch sup monongahela navigation sup genesee chief overruling earlier decisions held admiralty maritime jurisdiction courts extended public navigable waters although flow tide sea chief justice taney taking line argument chief justice tilghman carson blazer cited said england navigable streams beyond ebb flow tide description admiralty jurisdiction confined tide waters reasonable convenient one equivalent saying confined public navigable waters description used country description public navigable river substituted place thing intended described natural influence precedents established forms definition originally correct adhered acted ceased change stances true description public waters jones soulard decision title acquired act june stat land louis bounded mississippi river included island west middle river sand bar covered ordinary high water surrounded sides navigable water admission missouri union state became gradual filling island intervening channel connected shore fast land justice catron indeed delivering opinion spoke rule common law grants land bounded rivers expressions designating water line general confer proprietorship grantee middle thread stream entitle accretions general rule applicable mississippi river stated opinion charter city louis extended eastern boundary state missouri middle mississippi river law missouri theretofore declared title lands bounded mississippi river extended mark included accretions daggett mo shelton maupin mo smith louis schools mo question jones soulard title bed shore river accretions become part fast land rule everywhere admitted land encroaches upon water gradual imperceptible degrees accretion alluvion belongs owner land equally applicable lands bounding tide waters fresh waters king state private persons independent law governing title soil covered water lord hale harg law tracts pp rex yarborough king bench barn dowl house lords dow bligh bing doe east india moore foster wright div handly anthony wheat jefferis land sup nebraska iowa sup minto delaney clair lovingston wall right riparian proprietor louis upheld affirming judgment illinois justice swayne delivering opinion spoke resting law nature right alluvion increase upland gradual imperceptible degrees prevent possible inference decision might affect title soil water learned justice quoting opinion jones soulard cited expressly reserved expression opinion upon question whether limit land low water middle thread river repeated propositions established earlier decisions already referred american revolution people state sovereign character acquired absolute right navigable waters soil shores navigable waters soil granted constitution reserved respectively new rights sovereignty jurisdiction subject original ones wall passages opinions dutton strong black railroad schurmeir wall yates milwaukee wall relied learned counsel plaintiff error showing 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 remarks justice clifford first cases upon remarks second case justice miller third case based distinctly recognized diversity laws usages different upon subject went say wharves piers landing places conform regulations state extend mark never held nuisances unless obstruct paramount right navigation right riparian proprietor erect structures navigable waters atlantic claimed exercised sanctioned first settlement country present time adopted different regulations upon subject right riparian proprietor rests upon immemorial local usage reason perceived general principle applicable lakes far permit owner adjacent land build far water first becomes deep enough navigable black none three cases called laying defining general rule independent local law usage particular facts dutton strong defendants owners occupants pier extending lake michigan racine state wisconsin sued cutting hawser plaintiffs fastened vessel pier storm consequence driven force wind waves another pier injured stated opinion pier appeared private property defendants constructed use evidence constituted obstruction whatever public right navigation plaintiffs vessel made fast master without authority defendants either express implied increasing strain hawser storm piles pier began give way hawser cut point adjudged plaintiffs vessel wrongfully attached pier defendants requested refused leave right cut loose necessary preserve pier destruction injury black doubt correctness decision even pier unlawfully erected defendants state plaintiffs right pull injure upon facts case mere trespassers upon defendants possession linthicum ray wall wetmore gaslight harrington edwards johnson barret aleyn railroad schurmeir plaintiff claimed title lots block city paul state minnesota patent fractional section bounded one side mississippi river place question small island lying along shore river four feet lower main land separated channel slough feet wide low water current little water standing pools medium stage water island covered current flow channel slough high water island submerged original government survey meander lines run along main land shore quantity land estimated accordingly island intervening space shown mentioned island space afterwards filled city landing place claimed railroad company subsequent survey grant island therefore connected main land space substantially uncovered low water improvements complained extend beyond mark island question controversy whether plaintiff patent limited main shore extended outside island minnesota held law minnesota land bounded navigable river extended mark least thread river plaintiff title therefore extended water edge water mark included island gave judgment plaintiff gil affirmed judgment saying decision state river case meander line west boundary lot conclusion state entirely concur meander lines run surveying fractional portions public lands bordering upon navigable rivers boundaries tract purpose defining sinuosities banks stream means ascertaining quantity land fraction subject sale paid purchaser preparing official plat field notes meander line represented border line stream shows demonstration water course meander line actually run land boundary wall also expressed unhesitating opinion making distinction streams navigable navigable intended provide rules riparian ownership apply lands bordering latter title lands bordering navigable streams stop stream streams deemed remain public highways treated plain discussion island separated main land depression low water continuous flow line water included first survey therefore affected subsequent survey wall yates milwaukee material facts appear report follows owner lot fronting river city milwaukee state wisconsin built upon land covered water use purpose navigation wharf extending navigable channel river evidence wharf obstruction navigation sense nuisance city council afterwards statute state enacted wharf built authorizing city council establish dock wharf lines upon banks river restrain prevent encroachments upon obstructions river cause river dredged passed ordinance declaring wharf obstruction navigation nuisance ordering abated point adjudged mere declaration city council wharf already built owned plaintiff nuisance make subject removed authority city recognized opinion law wisconsin established decisions title owner land bounded navigable river extended center stream subject course public right navigation jones pettibone walker shepardson id mariner schulte arnold elmore see also olson merrill norcross griffiths decision considered bound follow yates judd upon question fact whether certain evidence sufficient prove dedication public wall later judgments clearly establish title rights riparian littoral proprietors soil water mark navigable waters governed local laws several subject course rights granted constitution weber commissioners cited justice field delivering judgment recognizing correctness 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 admitting several general legislation immemorial usage proprietor land bounded shore sea arm sea right wharf point waters navigable said absence legislation usage however rule govern rights proprietor least common law obtains law title shore sea arms sea soils tide waters england king country state erection thereon without license therefore deemed encroachment upon property sovereign termed language law purpresture may remove pleasure whether tends obstruct navigation otherwise wall atlee packet wall arose iowa justice miller delivering judgment referring dutton strong railroad schurmeir yates milwaukee cited disclaimed laying invariable rule extent wharves landing places might built navigable waters private individuals municipal corporations recognized state might legislation authority expressly impliedly delegated municipal governments control construction erection use wharves landings secure safety usefulness prevent obstructions navigation wall adjudged following respect opinion circuit dill fed cas riparian proprietor right without statutory authority build piers mississippi river necessary parts boom receive retain logs needed sawing mill water side railway renwick affirming judgment iowa iowa virtue express statute passed legislature iowa owner similar pier boom recovered compensation obstruction access river construction railroad front barney keokuk owner grant two lots land city keokuk state iowa bounded mississippi river brought action ejectment city several railroad companies steamboat company recover possession lands mark front lots city pursuant statutes state filled wharf levee permitted occupied railroads landing places companies plaintiff counsel relied dutton strong railroad schurmeir yates milwaukee cited affirming judgment circuit held action maintained justice bradley delivering judgment summed law upon subject characteristic power precision saying appears settled law state title riparian proprietors banks mississippi extends ordinary mark shore high low water mark well bed river belongs state also common law regard navigable waters although england waters deemed navigable except tide ebbs flows country general thing waters deemed navigable really especially true regard mississippi principal branches question extent riparian title elaborately discussed case mcmanus carmichael iowa conclusion reached always adhered state haight keokuk iowa tomlin railroad iowa generally conceded riparian title attaches subsequent accretions land effected gradual imperceptible operation natural causes whether attaches land reclaimed artificial means bed river sudden accretions produced unusual floods question state decides common law remarked additions land navigable waters belong crown waters recognized england navigable tide waters rule often expressed applicable tide waters although reason rule equally apply navigable waters flow tide reason public authorities entire control great passageways commerce navigation exercised public advantage convenience confusion navigable tide water found monuments common law long prevailed country notwithstanding broad differences existing extent topography british islands american continent influence two generations excluding admiralty jurisdiction great rivers inland seas like influence laid foundation many doctrines regard ownership soil navigable waters tide water variance sound principles public policy whether rules property safe change doctrines applied remarked several determine choose resign riparian proprietor rights properly belong sovereign capacity others raise objections view subject correct principles laid martin waddell lessee pet pollard lessee hagan goodtitle kibbe cases related tide water true enunciate principles equally applicable navigable waters since case genesee chief 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 louis myers sup speaking chief justice waite held act congress admission union state missouri bounded mississippi river declared river common highway forever free left rights riparian owners settled according principles state law federal question involved judgment state missouri right riparian proprietor city louis maintain action city extending one streets river divert natural course water thereby injure property packer bird sup general rules governing class cases clearly succinctly laid speaking justice field follows courts construe grants general government without reference rules construction adopted grants whatever incidents rights attach ownership property conveyed government determined subject condition rules impair efficacy grants use enjoyment property grantee incident ownership right riparian owner waters influence tide limited according law state either low high water mark extend middle stream sup accordingly held affirming judgment california cal pac referring opinion barney keokuk cited specially applicable case person holding land patent confirming mexican grant bounded sacramento river navigable fact took title mark either acts congress local law louis rutz sup speaking justice blatchford referring barney keokuk louis myers packer bird cited said question whether fee plaintiff riparian proprietor mississippi river extends middle thread stream water edge question regard rule property governed local law illinois illinois established steadily maintained rule property fee riparian owner lands illinois bordering mississippi river extends middle line main channel river decided deed land illinois bounded mississippi river passed title fee bed river middle line main channel islands found bed river east middle channel impossible owner island situated west side middle river state missouri extend ownership mere accretion land situated state illinois title fee vested law illinois riparian owner land state sup recent case hardin jordan sup difference opinion upon question whether survey patent bounded lake navigable state illinois limited margin extended center lake justices agreed question must determined law illinois justice bradley speaking majority referring many cases already cited said regard grants government lands bordering tide water distinctly settled extend mark title shore lands water front lands granted inures state within situated state organized established title shore lands water regarded incidental sovereignty state portion royalties belonging thereto held trust public purposes navigation fishery retained granted individuals title state lands subject state regulation control condition however interfering regulations may made congress regard public navigation commerce state may even dispose usufruct lands frequently done leasing oyster beds granting fisheries particular localities also reclamation submerged flats erection wharves piers adventitious aids commerce sometimes large areas reclaimed occupied cities put public private uses state control ownership therein subject paramount authority congress making regulations commerce subjecting lands necessities uses commerce right regulate control shores tide waters land exercised crown england country rule extended great navigable lakes treated inland seas also navigable rivers mississippi missouri ohio pennsylvania permanent rivers state depends law state waters extent prerogative state lands water shall exercised sup justice brewer beginning dissenting opinion said dispute settled law established repeated decisions question far title riparian owner extends one local law determination question statutes state decisions highest furnish best final authority sup yet recent case illinois cent illinois also arose illinois recognized settled law country ownership dominion sovereignty lands covered tide waters navigable lakes within limits several belong respective within found consequent right use dispose portion thereof done without substantial impairment interest public waters subject paramount right congress control navigation far may necessary regulation commerce sup notwithstanding dicta contained opinions already quoted effect congress power grant land mark navigable waters territory evident strictly true chief justice taney delivering opinion already cited subject much considered cases alabama said congress might granted land patentee confirmed spanish grant alabama became state goodtitle kibbe cases california already referred question whether mexican grant confirmed include lands mark treated depending terms decree confirmation authority congress application test lands held included pacheco wall lands held included knight association sup packer bird sup justice field speaking referring rule stated railroad schurmeir wall quoted congress provisions land laws intended title lands bordering navigable streams stop stream said rule applies survey made patent issued upon confirmation previously existing right equity patentee lands absence right equity belong absolutely unless claim confirmed terms embraces land waters stream constitution well settled rightfully acquired territories government impose laws upon entire dominion sovereignty national municipal federal state territories long remain territorial condition insurance canter pet benner porter cross harrison national bank yankton murphy ramsey sup late corporation saints sup mcallister sup doubt therefore congress power make grants lands mark navigable waters territory whenever becomes necessary order perform international obligations effect improvement lands promotion convenience commerce foreign nations among several carry public purposes appropriate objects hold territory congress never undertaken general laws dispose lands reasons far seek seen law england title fee jus privatum king grantee phrase lord hale subject jus publicum belongs king subjects elsewhere puts clothed superinduced jus publicum wherein natives foreigners peace kingdom interested reason common commerce trade intercourse harg law tracts words chief justice taney country discovered settled englishmen held king public regal character representative nation trust title dominion tide waters soil colony passed royal charter grantees trust common use new community established upon american revolution vested absolutely people state common use subject rights since surrendered constitution general government martin waddell lessee pet observed justice curtis soil held state subject sense trust enjoyment certain public rights smith maryland title shore lands tide water said justice bradley regarded incidental sovereignty state portion royalties belonging thereto held trust public purposes navigation fishery hardin jordan sup territories acquired congress whether deed cession original treaty foreign country held object soon population condition justify admitted union upon equal footing original respects title dominion tide waters lands held benefit whole people often said cases cited trust future pollard lessee hagan weber commissioners wall knight association sup 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 title oregon founded upon original discovery actual settlement citizens authorized approved government well upon cession louisiana territory france treaty renunciation claims spain treaty foreign relations barrow hist oregon stat right oregon contest great britain citizens one subjects permitted occupy conventions stat boundary north defined treaty great britain june stat far title derived france spain stood territories acquired treaty independent title based discovery settlement equally absolute johnson mcintosh wheat martin waddell pat jones sup act establishing territorial government oregon laws heretofore passed said territory making grants land otherwise affecting incumbering title lands declared void laws declared force said territory far provision thereof may applicable act stat land laws adopted provisional government oregon established people sovereignty dispute great britain regulated occupation settlers title soil assuming undisputed dominion territory owned lands therein congress right confine bounties settlers within limits chose provisions general land laws applicable oregon territory statute one acquire legal title lands oregon lownsdale parrish stark starrs wall davenport lamb wall lamb davenport wall stark starr barney dolph hall russell society dalles sup first act congress granted settlers titles lands oregon donation act september act required lands oregon surveyed northwest territory made grants donations land measured sections half sections quarter sections actual settlers occupants contains nothing indicating intention part congress depart settled policy granting individuals lands tide waters navigable rivers stat rev evident therefore donation claim act bounded columbia river tide ebbs flows force effect passing title lands water mark effect attributed law state oregon southern part territory oregon admitted union state oregon equal footing respects whatever act february act admission provided said state oregon shall concurrent jurisdiction columbia rivers waters bordering said state oregon far shall form common boundary said state state hereafter formed bounded said rivers waters navigable waters said state shall common highways forever free well inhabitants said state citizens stat settlers oregon like colonists atlantic coming country common law prevailed one organized government took birthright principles common law far suited condition new home jurisprudence oregon therefore based common law van ness pacard pet norris harris cal cressey tatom lamb starr deady fed cas law state oregon declared established decisions owner upland bounding navigable water title adjoining lands mark right build wharves thereon except expressly permitted statutes state state title lands unless built upon permission right sell convey one free right proprietor upland subject paramount right navigation inherent public hinman warren parker taylor parker rogers shively parker mccann navigation pac bowlby shively pac see also shively welch sawy fed case bar lands controversy mark columbia river tide ebbs flows plaintiff error claims deed john shively oregon territory obtained donation claim bounded columbia river place question defendants error claim title lands controversy deeds executed behalf state oregon board commissioners pursuant statute state amended statute recited annual encroachments sea upon land washing away shores shoaling harbors prevented great expense occupying placing improvements upon tide overflowed lands belonging state desirable offer facilities encouragement owners soil abutting harbors make improvements therefore enacted owner land abutting fronting upon bounded shore tide waters right purchase lands belonging state front thereof within three years date act open purchase person citizen resident oregon giving notice opportunity owner adjoining upland purchase made provisions securing persons actually made improvements upon tide lands priority right purchase neither plaintiff error grantor appears ever built wharf made improvement upon lands controversy applied state purchase defendants error purchase state built maintained wharf upon part lands nearest channel extended several hundred feet columbia river ocean river craft wont receive discharge freight theory effect statutes stated state case follows admission state union tide lands became property state subject jurisdiction disposal pursuance power state provided sale disposal tide lands act amendments laws laws laws virtue acts owner owners land abutting fronting upon bounded shore pacific ocean bay harbor inlet rivers bays tide ebbs flows within state given right purchase tide lands belonging state front lands owned within certain time upon conditions prescribed providing case owner owners apply purchase tide lands applied failed prosecute provided law lands shall open purchase person resident citizen state oregon consideration fact prior seem lands dealt private property sometimes improved expensive structures acts provided cases bank owners actually sold tide lands purchaser tide land bank owner previous bank owner right purchase state statutes based idea state owner tide lands right dispose rights upland ownership interfere power dispose convey private interests therein except state saw fit give adjacent owners acknowledge grantees dealt tide lands private property subject course paramount right navigation secured public statutes largely acted upon many titles acquired tide lands various questions relating tide lands come judiciary validity statutes recognized taken granted though directly passed upon pac substance scope earlier statute oregon october laws hill code copied stated follows true legislature state made provision upland owner within corporate limits incorporated town might build wharves prior acts supra within purview adjudications matter power equally competent given privilege others act grant simply authorizes upland owners navigable rivers within corporate limits incorporated town construct wharves front land vest right exercised license revocable pleasure legislature acted upon availed shively avail license pretense effect plaintiffs built wharf upon front tide land act applicable tide lands uplands navigable waters exercised right pac upon review prior decisions opinion law oregon accordance law formerly held new york gould railroad law new jersey declared stevens railroad law recognized city hoboken pennsylvania sup law state washington side columbia river declared eisenbach hatfield pac upon principles affirmed decisions cited especially hardin jordan sup authority conferred statutes oregon upon upland owners navigable rivers construct wharves front land vest right exercised mere license revocable pleasure legislature acted upon state right dispose tide lands free easement upland owner thus stated final conclusion appears state oregon admitted union tide lands became property subject jurisdiction disposal absence legislation usage rule govern rights upland proprietor law title state state right dispose manner might deem proper frequently done various ways whereby sometimes large areas reclaimed occupied cities put public private uses state control ownership therein subject paramount right navigation commerce whole question state determine say extent preserve rights ownership confer others state done legislation already referred courts declared absoulte property dominion tide lands right dispose title manner might deem best unaffected obligation recognize rights either riparian owners occupied tide lands chose resign subject paramount right navigation uses commerce considerations bound previous adjudications become rule property upon faith important rights titles become vested large expenditures made defendants rights interests lands question upon point diversity judgment among us think law adjudicated disturbed independent reasons authorities suggested support pac law state oregon therefore enacted legislature declared highest title lands controversy defendants error upon principles recognized affirmed uniform series recent decisions referred law oregon governs case conclusions considerations authorities stated may summed follows lands tide waters incapable cultivation improvement manner lands mark great value public purposes commerce navigation fishery improvement individuals permitted incidental subordinate public use right therefore title control vested sovereign benefit whole people common law title dominion lands flowed tide king benefit nation upon settlement colonies like rights passed grantees royal charters trust communities established upon american revolution rights charged like trust vested original within respective borders subject rights surrendered constitution upon acquisition territory whether cession one treaty foreign country discovery settlement title dominion passed benefit whole people trust several ultimately created territory new admitted union since adoption constitution rights original tide waters lands within respective jurisdictions title rights riparian littoral proprietors soil mark therefore governed laws several subject rights granted constitution hold country territory powers national municipal government may grant appropriate purposes titles rights soil mark tide waters never done general laws unless case international duty public exigency acted upon policy accordance interest people object territories acquired leaving administration disposition sovereign rights navigable waters soil control respectively organized admitted union grants congress portions public lands within territory settlers thereon though bordering bounded navigable waters convey force title right mark impair title dominion future state created leave question use shores owners uplands sovereign control state subject rights vested constitution donation land claim bounded columbia river upon plaintiff error relies includes title right land mark statutes oregon defendants error hold constitutional legal exercise state oregon dominion lands navigable waters judgment affirmed footnotes act provide sale tide overflowed lands sea shore coast many bays harbors inlets sea coast state sea annually encroaching upon land washing away shores shoaling bays harbors inlets encroachments prevented great expense occupying placing improvements upon tide overflowed lands belonging state desirable facilities encouragement offered owners soil abutting upon coast bays harbors inlets make improvements expenditures stay encroachments enacted legislative assembly state oregon owner owners land abutting fronting upon bounded shore pacific ocean bay harbor inlet sea coast state rivers bays tide ebbs flows within state shall right purchase state tide land belonging state front owner owners lands owned provided valuable improvements made upon tide lands state title land shore shall passed owner improvements shall exclusive right purchase lands improved extending low water mark period one year three years approval act act amendatory provided willamette river shall deemed river tide ebbs flows within meaning act act act amendatory title state tide overflowed lands upon said willamette river hereby granted confirmed owners adjacent lands tide overflowed lands sold case purchaser purchasers tide overflowed lands owner adjacent lands previous owner thereof case may officers state may hereafter authorized dispose school lands belonging state authorized empowered directed sell tide lands upon proper application purchase parties hereby authorized purchase tide lands shall sold money resulting sale shall distributed accordance laws state may hereafter force respecting sale school lands state provided certificates sale patents lands shall described acres tide land land water belonging state front following described premises describe legal subdivisions lands front said tide lands located every applicant purchase tide land section act shall application present officer officers shall authorized sell lands evidences title land abuts fronts upon bounded tide lands making sale officer officers shall satisfied applicant owner lands fronting abutting bounded aforesaid value tide lands shall appraised certain sum per acre appraisal shall value lands less acre land provided board charge sale said lands shall power set aside appraisement evidence taken true value shall make another true appraisement based evidence person persons passage act act amendatory shall entitled section thereof purchase tide lands provisions section thereof shall within twelve months passage act make application purchase tide lands applied within three years passage said act made application shall failed prosecute provided law lands land shall open purchase person citizen resident state oregon provided application shall made purchase tide land person persons owner owners land adjacent tide lands purchaser purchasers tide lands owner adjacent lands previous owner thereof notice shall given said board owner owners adjacent lands parties possession shall improved tide lands manner owner owners adjacent lands person possession tide lands purchase owner adjacent lands previous owner thereof shall improved shall sixty days service notice make application purchase tide lands application shall preference others case person notice hereby required given due diligence found notice may given cost applicant publication state paper four successive weeks applications purchase tide lands owner adjacent lands shall accompanied affidavit applicant setting forth fact land held person deed said applicant person holds section provision shall apply tide lands abutting upon fronting bounded sea shore lands owned provided parted shall hereafter part title lands passage act act amendatory owner fronting abutting upon bounded sea shore grantee lands shall twelve months three years perfecting title apply tide lands front thereof may owned state case failure make application within said period twelve months three years made application case failure shall fail prosecute provided according law tide lands land shall open purchase person citizen resident state oregon nothing act provided shall prevent legislature state corporate authorities city town thereof regulating building wharves improvements bay harbor inlet state nothing act provided shall construed grant exclusive right person persons use natural oyster beds state grantee land state act shall hold subject easement public provided existing laws state enter thereupon remove provisions restrictions laws state oysters shell fish therefrom applicants purchase lands provisions act shall expense cause surveyed county surveyor county lands situated survey conform connect surveys adjoining far may practicable certificate county surveyor describing lands applied metes bounds designating quantity thereof shall forwarded certificate appraisement officers state authorized sell inasmuch law upon subject present time act shall take effect passage act contains two additional sections one providing title tide lands heretofore sold conveyances already executed provisions act amendatory hereby confirmed unto purchasers thereof providing inasmuch existing law authorize sale tide lands lying ocean beach rivers bays thereof act shall take effect force approval governor act authorize owners land lying upon navigable stream like water build wharves stream water beyond line low water mark enacted legislative assembly state oregon follows section owner land state lying upon navigable stream like water within corporate limits incorporate town therein hereby authorized construct wharf wharves upon extend wharf wharves stream like water beyond low water mark far may necessary convenient use accommodation ships boats vessels may navigate stream like water sec corporate authorities town wherein wharf wharves proposed constructed shall power regulate exercise privilege franchise herein granted upon application person entitled desiring construct wharf wharves corporate authorities shall ordinance like mode prescribe mode extent may exercised beyond line low water mark wharf wharves shall constructed farther stream water beyond low water line may necessary convenient purpose expressed first section act unnecessarily interfere navigation stream like water