The morning call., 1891-01-20
FIELDS OPINION.
Decision Of the California Su-
preme Court Sustained.
HCllCe given Of the Establishment of a
Lighthouse on Roe Island.
DenClenCg Estimates for The Port Angeles
fOWnSite Observation-Disclosures
man Geary's Assignment.
Special to THE MoRNINa CALL

WASHINGTON, Jan. 19.-Justice Field
ueHVered the opinion of the Supreme
court In the case of George F. Packer,
nlsihtllf IN error, vs.. Jake Bird and Frank
blXler' appealed from the Supreme Court
OF California. The latter's decision was
alhrmed. The question presented is whether
patent of the United States describing the
eastern boundary Of certain land as COM
hlehclng at a point on Sacramento River,
when was on the right side, or west bank,
ana running southerly on its Margin en-
braces an island within it, in Colusa County,
ot whether, notwithstanding the terms OF
the apparent Limitation of the eastern
boundary to the margin of the river, the
patent carries the title Of plaintiff holding
uhder 1t, to the middle of the stream The
contention Of plaintiff is that the land
granted and patented being bounded by the
river, extends TO the middle of the stream,
ana thus includes the island, 1t does not
appear IN the record that the waters of the
river at the point the island is situated are
affected by the tides, but it is assumed that
such Is not the case. The contention of the
piaihtn proceeds upon this assumption. 1t
Is undoubtedly Il rule of common law that
the Title OF owners of land bordering on
rivers above the ebb aud flow of the tide
extends to the middle of the stream; but
where the waters are affected by tides the
Title OF such owners is limited to ordinary
hgh-water mark. In England this limit Of
the Tight OF riparian owner is confiued to
such nayigable rivers as are affected by
tides, but in this country those rivers are
held to be navigable which are nayisable in
fact.
NOTICE TO MARINERS.
The following has been issued: Notice TO
mariners is hereby given that on and after
February 16, 1891, fixed white light OF the
fifth order will be exhibited from the
structure recently erected In the marsh at
the southerly point OF Roe Island, Suisun
Bay, Cal. The light Will illuminate the
horizon. 1t may be seen in clear weather
frcm the deck Of vessel fifteen feet above
the sea, twelve nautical miles. The light
will be shown from black lantern. Its
approximate position will be latitude north
$50 4. longitude west 1929 / So. The dis
tances of magnetic bearings of prominent
objects are approximately as follows: Black
Beacon ), east by north, three and half
nautical miles; New York Slough West
LuNl. Iopb tlbllA, 6bSt UuC-Atttt bGI oCNGu Hdu-
tical miles; Middle Point beacon, east by
south, three-quarters OF a nauti al mile.
Iflring thick or feggy weather a bell will
be struck by machinery single blew every
ten seconds.
PORT ANGELES TOWNSHIP REsER vArIoN.
Secretary Noble to-day transmitted to Con-
grcsS a communication from Commissioner
Croft, submitting the deficiency estimates
for the apprajsemelt of lots and blocks
within the Port Angeles Townsite Reserva-
ton, Washington. Last August Congress
appropriated $1,000, which, in the opinion of
the Suryeyor-General of Washington, is
wholly Insufficient for the purpose. 1t will
require $500 to have the land surveyed and
$500 additional to plat the same. The lots
plated will be worth $40 apiece, for which
the Government will receive for the sale of
the entire reservation S4S0,000. Secretary
Noble approves the estimates submitted.
CAPITAL JoTTINGs.
In the Senate to-day, Power OF Montana
introduced bill "reserving to settlers ali
the rights by them acquired To public lands,
prior TO the passing OF the SundrY Civil APP
preparation Act of October ?, 1883, reserving
lrrigable lands from settlement"
Representative Morrow has received a
telegram from E. A Belcher, San Fran
cisco, saying: ''Lynde Il HOugh do not wish
to encroach on any rights already estab-
lished on P0poff Island. and your bill may
be amended TO provide therefor" The
above refers to Morrow's bill for the lease
OF Popo1f Island, Alaska, to Lynde S Hough
OF San Francisco, to which the Mcclellan
Fishing Company objected, as mentioned in
yesterdays dispatches.
Congressman Geary has been assigned to
the Committee on PostOfiices and Post
Roads, in order to make the full compile
ment of the committee to consider the Postal
Telegraph Bill, which comes up tomorrow.
He takes the place of Judge Rowland of
North Carolina, who is i'll.
Senator Stanford went to see Speaker
Reed to-day TO endeavor to get him to rec
ognze the bill for the San Francisco ost-
office building. Reed gave him no salts fac
tion, but told him to come back tomorrow
Mrs Anna L. Stakes of California has
been promoted to a $1,000 clerkship in the
Pension Office.
The following California Postmasters
have been commissioned: Mark E. McDon-
aid at Greyson and Henry o. Adams at
Tiburon.
John j. Conlon of San Francisco is at
Wlliard's