Telegram-herald., 1890-08-28

ssEezE Ana MO WaI 50 tA@t As
ez.l n So "a defeating tee hopes - tpss
.ommunts relative - tne HfotVss -
tef rsfeE EaF EsE.4a neH tStat
sfsss. WQul8 ret ~ tA.s very AtAs,.- -
tae ssQae u4ll ETop1elors estsst'tAtiA Z
. - osc2es 40 - lae saYslse Qst-stvtss
oi teis hooogal.e eourf
'lz Ia i>57 tae Les stature p~ssea
an al 81 NalEa iDe ce4mol e9UntA q
tnas c IS Was elFea tae power - p+e.
serve goe salleF.ly u tne wsttf ~
,sfsnd rsYer Qg o.hef siIeahls Wltlf3A tile
ilmlis II e citv, ete.
49, lis 1878 lae LEGISLATURE passed
an aes % legall1e gne dan ~ tns dsieil-
cant. Nm. 4. fowers, and heFa tnis
defendant has admitted the absolute
control ot TIE State over tho waters ~
lie fseg a. the rapids.
81 l4.l ia ls7T k1e reFsslOn OF TIE ety
charter conferred upon tie CITY TIE
power q preserve tee sa-lority of the
waters ~ q fand Iiver or other waters
Within tae clIg lim.ts' etc.
els. In ls55. an amendment 20 the
charter Of Z s city conferred upon The
Board oi l. ble Works authority -
establish GoE4 and building lines ou the
shore and hlafell o. the RIVER Within
tie c0rporatv Lnmts ol 81. d cigy, and IN
the waters aud on the bed ol sad T.YeT
along said kllore and margin, beyond
/ which lines lwucn ga establl shed, no
dock. wharf building OF structure Of
any kind, e1ckpt bridges. should be con
structed vi also provided that the
ordinani e OF regulation Of said Common
/ Council " latiOn thereto may he en-
forced az tne consent OF said cay by
bill IN equity"
III. The Supreme Court OF the
United STATES has expressly decided
that Grand river Is a naylgaole stream.
In a casb cited, justice Field
said, eff we apply this test 10
/ Grand rivdr, the conclusion follows
! that II must be regarded as a
navIgable water of the United States"
~. "By the fundamental law OF this
/ State, Grand river can neither be
abridged NOR damned without law
! iul authority.
a. Here vas cited at article Of the
/ Congressional ordinance for the Gov
ernment OF the North. West Territory,
which might well have been inserted III
former part Of Mr.. Uhis Argument.
IL was there left out, at the sacrifice OF
some rhetoI ical effect. for the sake OF
giving Il better effect II the continuous
cham OF the logical argument. The
section reads as follows: 1t IS from
the act of Congress Of 1877, giving the
original political incorporation TO this
| commonwealth.
The nayiCable waters leading into
the Mississippi and st. Lawrence, ana
the carrying places between the same,
shall be common highways, and forever
free, as well to the inhabitants OF said
territory as to the citizens Of the United
States, and those of any other States
that NAV be admitted INTO the Confed-
eTacy, without any tax, lmpost, or duty
therefor" ~
II In the course of his argument. Mr..
fUhl affirm +, lterated and reiterated,
Cv y anu over again, so that the doc
trlre may be supposed to run through
everything he said, what follows: MY
contention IS that these waters are ali
navigable, irrespective of any obstruc-
tlons that may be found IN them"
These being nayigakle waters, open 10
10 the public. having rights as sacred as
those possessed by William L. Powers,
these waters can not be limit q without
authority. These great waters are
blessings. public property. The poorest
|
right To all they give the millionaire.
They are Gods waters IL the same sense
as the air is Gods air. If this be true,
then he who walls back the stream is a
trespasser and a violator Of the law.
(2l. Section 4 of article is Of the con
siitution OF this State SAYS that mo
navlgable stream of this State shall be
either abridged or damned without
] ~ I'd Of Ag~
ylsOrs."
(3). Referring TO the powers OF Boards
of Supervisors on the same line.
! V. This recites that the complainant
has properly alleged the navigability ol
Grand river, and the discussion woulc
not interest the general reader.
VI. Is mere technical reIteTstion o
. the former paragraph, important II th'
law, but not consequential to the gen
eral reader.
VIZ. The ordinance Of 1857 lbeforu
quoted has superseded the doctrine a
the common law, to the necessity o
, usage or custom to establish the publ
right over our rivers. 1t declares tina
the navgabe waters flowing into tn
st. Lawrence shall be common high
WAYS and forever free.
-
the city power and authority to enforc'
Its ordinance or regulations relative T.
dock and building lines toy suit "at tht
suit Of said city by bill IN equity"
"ill, This changes the practice of tn
court IN chancery ID these cases which
squire the SUIT to be brought hv an st
torney general; bat the State. through
ITS Legislature by the act OF 1855 hal
40 ~ a 80
that the attorney general would hav,
to Interfere IN behalf Of the State"
That which u given above comprise
the formal points OF Mr. Thl'sargument
Every stage of the discussion VS.
pointed and emphasized vito orator
, cal substance and manner which CA
p not be reproduced. The foliowln,
ponts. however. VIII be not merely IN
teTcstnc bot edifyng
'Thc State has tic rover % dclegat
ifs riglf Z control q = body ike TIA
Of tie Board q Public works. II thf
law re not shown 20 be clearly uucon
= sttut0Dal, then here Is an end 10 tbs
acton.
THIS Is n TO sense an authorizing r
tie city % exercise the power Of emin
. ent domain. 7 insst that this ,s nc
taxing private property for pabIc me
It's oulv a iegs stlve power of polc,
{ regulation. to enact such laws a. th
+ Legislature deem reasonable and uec
2 essarv % regulate tee use of upafisi
. uropr. .ctors to Their qualified use Of th
b shores
? Nr + Knrs'ev Res clted no s1Ch case
Innet a sog. case hae be- cited wher
a wall or = similar otstruct on las bee
/ pl rtoa nav E3t.e stream.
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