Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-18
Supreme Court

This court met at $3.50 yesterday morning
and heard the following cases:
No. Sin the matter of J. S. Upton &
Co., relator, vs.. Robert A. Irwin. Alterna-
| tive order to pay over certain moneys. Time
extended to October 81.
No. 53-.The State of Minnesota OK rel.
Julia d. Ashton, respondent, VS.. The Register
of Deeds, of the county of Ramsey, appel
liant. Argued and submitted.
No. 58-The State of Minnesota, OK rel. S.
G. Whitcher. appellant, vs.. s. V. Hanft, JUS
| tice, ETC., and James King, sheriff, etc >, re-
spondent. Argued and submitted.
Mr.. 81. A. Wilson, was excused, at his own
| examination, and Attorney General Wilson
appointed in his stead. The committee, as
now constituted, consists of n. Il. Bigelow,
J. Peyton Boyle and Attorney General Will
son. The committee will be in attendance
at the court room, at 10 o'clock this morn
ing, to pass upon the qualifications of candi-
| dates.
Ashley @. Morrill,, James Lovejoy Eunice E..
Farnham and Hannah .LoVeioY,. respon-
dents, VS.. the St. Anthony Falls Water
| Power company, appellant.
Syllabus-The riparian owner upon naviga-
BILE stream may use the water flowing past his
| land for any purpose so long as he does not
Impede the navigation in the absence of any
counter-claim by the State or United States.
The act incorporating the st. Anthony Falls
Water Power company does not authorize it to
apr oprlate the water power opposite the lands
of any other riparian owner
For an unlawful interference with the right
OF riparian owner to use the water flowing
50 Sc L., -
Mere delay of such owner to assert his
rights does not work an estoppel.
Finding of fact of the court below sustained.
Judgment affirmed. GILFnLAN, G. J.
The State of Minnesota, appellant, vs. Mime
apolis Mill Com panY, respondent.
Syllabus-Defendant is corporation orga-
nized and acting under charter found in
chap. As, laws 1856. Thscompany is the owner
in fee of land upon the westerly bank of the
Mississippi river, at the Falls of St. Anthony.
opposite which land it. has built and main
tains dam extending from such bank into
the river. The company has leased to differ
ent parties four mill sites upon the dam to-
gether with the right to use upon and at said
respective sites the quantity of water in the
leases specified, in all amounting to thir-
teen water powers ESQ called), the said
water and water powers being taken and used
thereat directly from the main body of the
said river running through said dam, and reg
ulated by means of gates therein.
Morrill, VS.. st. Anthony Falls Water Power
Co., Ms. APP. IT,, 1879, followed as the general
rule that riparian owner may use the waters
Of a navigable river Qike the Mississippi) ad-
joining his land, for any purpose for bis own
advantage, SO long as he does not impede the
navigation, and in the absence Of any counter
claim of the state or the United States. The
right to their use rests upon the fact of ripa-
rian ownership. That is to say the riparian
proprietor possesses this right because he owns
the land upon the bank, or in other words, the
right is attached as an incident to the riparian
land and belongs and appertains to the same.
1t follows that the defendants right to the use
of the water is for all purposes of taxation real
property and not personal, since our tax law
provides that real property for the purposes of
taxation shall be construed to include the land
itself and all rights and privileges belonging or
anywise appertaining thereto.
BERRY J.