The Rutland weekly globe. [volume] (Rutland, Vt.) 1873-1877, 1874-03-13
WEEKLY GLOBE FRIDAY MORNING. MARCH 10 1874

individual fishery is private property are
nevertheless public in the sense that the !
fishing in the several parts of stream is
common and interdependent, and not dvis-
ibe and Independent like pasturage in
field lands. 1t is right common rs to all
the ripariOn owners, and to be used by such
in common Such fisheries are public
right also in the sense that, from them. the
markets of the state are supplied with food.
Although the fisheries along the Connect
cut above tide water are, in their divisions,
private property, yet in the abundance of
the food they supply to all the inhabitants
of the state, the wealth of their yield con
Germs the whole commonwealth. And the
| control which the State assumes over such
fisheries is in virtue both of the necessity
for regulating competing and diverse in
terests in multiple ownership, and in the
food supply.for the commonwealth derva-
bic from the fisheries. In this sense. they
are, in substance though not in precise
| form, Just as much public interests as the
fisheries along its sea coasts which are free,
common and without personal proprietor
ship.
1t is for this reason that hndrancc of
this right is as much a wrong to day as it
was century ago, and that no statute of
limitations condones the wrong. Besides,
if | occupy portion of your land by build
ing a house upon it, the very act is on my
part the assertion a right to do 50, and if
you are silent for the statute period it i'm
plies in law, as it does in common sense,
either that had the right to begin with,
or that you conceded one. So the right of
use may be acquired in certain circum-
stances predicated upon alike assumption /;
or title may be acquired in some cases in
which from the long continuance of oc-
cupacy grant from the state may in like
manner be assumed to have existed but
in all such cases the property, the right
} the title to which is thus confirmed, is a
valuable property or right-valuabe TO me
for for good and lawful use. 1t is right
| which helps me. 1t is not right to hurt
3 or to hinder you. Common sense, public
: policy and justice do not permit such pre-
I sumption to work in any event the right tc
e continue to do that which is no help to mt
i and only hurts other people 1t Is true
: that when legislature cOnceiyes that the
a erection of manufacture is of paramount
$ importance to a community and that thu
building of fshway by reason of the eX
C pense attending it would bar the buidin!
II of the dam, may confer the right to cree
). such dam which will be a permanent i'm
;, pediment to the passage of fish, but sucl
n an act. bring an exercise of eminent do
8 MAN, in which first the production of
/ benefit to the public more than compensat
o ing for the destruction of the fisheries, ant
c second paying to the owners of the fisher
= les Il full compensation for their privat
!, loss.
e 1t may he said that the obligation t.
r provide fsh-ways to dams involves a con
" siderable expense, and that they are of n
g use to the owner. To this it may be an
/ swered that if n man chooses to dig
l. ditch, across a public highway and main
o tain it for the commendable purpose o
J. draining a swamp to make arabic land fO
/ himself, and to get rid of the fever an
ague and mosquitoes for himself an
i neghbors, it does not follow that he coul
re in Justice or law avoid bridging that ditto
lc though there were but two families Twin
l. between it and the sea. Nor is the pei
&c Torrance of the obligation against publ
II policy. For with the performance in a
te the sea board states where it has been II
" quiled there has been no hindrance to til
DC building of water mills ecce Massachl
" sets. For the reason that in many case
to the use of the rivers for fishing is muc
KS more valuable than the whole motiy
ne power. And Tor the reason that all law
or are given that reasonable constructio
III which comedies with public policy.
o. The authority on this point Is clear an 70
o. luminous cite them from Ang. for help
e those who desire to look up the matter. 2. BIZ
ne Com. 30 llarg. Tracts. De jure mani, dc. lia
ne cites Baker Herley temp ed / owen Dune
in Gao Il X; Kent All. GOnld James Cover
~ ,n 1863, Hart V Hill, Wharton, l24 People
nc Platt Il. John, Ii5, Hooker V Cummings
or John %. Per Shaw c. 1. in McFarlln Esst
hn | Co. 10 Cash. 300. Kent al. Slnte Glen
Nv Jones Law IN. C) Ingram TreadgIll, De
IS %.
+ Angel on Water courses CO, ref. IN note,W
he tiers VS. Lilly Pick 145 Bland VS. LlpscOmbe
lI Ellis b IA, note Race VS. Ward Ell & Bl 20
" 4 "