St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-12-25
Riparian Rights.

Two women had been arrested by the
town mar hal of McWhorter's Siding,
Neb., charged with disturbing the peace
10y fighting. Thy had been washing
clothes in small stream. site by side.
WHEN The dispute arose. Stopping in
town that Gay, on duck-huntlng eXpe-
dition. were couple of Omaha lawyers.
The local excitement attendant upon
the arrest attracted both of them to the
Office of the local justice of the peace.
Il will bet you Il new hat" said one
of the Omaha attorneys. that can get
the whole case thrown out of court, and
the marshal who arrested them severely
reprinaniled."
''Don-." replied his companion RE
member tile people in these neighl,or-
hoods are clannisn and dol't take kind
ly III outside interference"
Then the attorney offering the wager
c0nirived to secure short interview
with one of the women, ahd offered to
defend her gratis. The generous pro-
p0Sal was accepted. and the lawyer,
turning to the justice. said:
Your honor, ask for continuance
of this case until tomorrow morning
On the surface il looks simple enough.
but really it involves sune nice legal
points and distinctions upon which
should like to have ruling from your
honor"
This was fiattery in its broadcast sense.
The Justice grinned and granted the
continuance. At the appointed hour
the lawyer appeared with his client and
said:
Your honor, have spent the night
in going through this case thoroughly"
In reality he had spent the large pnr-
ton of it playing billiards with his
friend.
.'The charge is disorderiy conduct"
said the Justice"
Il know that is the charge upon which
the complaint is made by your marshal.
But. your honor, am not So sure that
he has not involved himself in serious
legal complications, ami laid himself
liable to arrest for contempt of court"
"What eourtF' asked the Justice uery-
ously.'
"fhe United States federal court.
have prepared a brief which | will SUBJ
NIT to your honor. 1t covers the gr0uud
eXhaustively, and the citations are nu-
merous. ] find myself appearing for both
parties as the point involved affects both
sides. but more particularly your
town marshal. He is the one
in the greatest danger, for the
point involved in the great question of
riparian rights. True. the stream upon
which the parties were arrested Is not
havigable. But that cuts NO figure.
Riparian rights. or rathec the law OF
riparian rights, takes eugniZance af all
streams. lakes, ponds or other waters.
My advice to your marshal would ne to
instantly withdraw the complaint and
place himself in communication with
the United States commissioner at Oma-
ha. As for yourself. your honor, a
glance at my biief will convince so clear
and judicial mind as your own that 1
am right in my premises and conclu-
siOns.n
'''fhe prisoners are discharged" in
terrupted the justice. hastily. My opin-
ion is that riparian rights have been
nlaliciousiy infriifged upon. The town
marshal will ttn his whole duty if he
keeps away from the creek ana makes
the stGrekeeWrS in town move their
boxes off the sidewalk. | only got into
Office by three votes, and / dent pro-
pose to have riparian rights made an
issue against rae in the next campaign
on account ef the tOmfOOliShnpSS of the
marshal. You two women can 20 home
now. and we'll get ruling from the
United States commissioner to see
whether or not you can scrap on Dog
creek"
The brief submitted was three years
old. and had been submitted to the SD
preme court of Illinois. A week after
the learned counsel was wearing a $40
hat.