The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-05
OWNED BY THE STATE
Federal Supreme Court Decides
Tide Land Question.
SHORE OWNERS HAVE NO RIGHTS
All The Main Psints Invosved IN the
Harber Lias and vaientsns Scrip
Cases Decided.

A decision has been rendered by the
United States supreme court in the case
OF Shively vs.. Bowlhy. appealed from the
Oregon supreme court, which practically
decides the main points involved in the
suits Of the harbor line commission of
Washington, and OF the Valentine scrip
tilers on the tide lands of Seattle, The
decision confirms the title Of tide lands TO
the state and declares that il has the right
to dispose of them
The decision Is contained in the SarvesHe
Court Reporter Of March d, 1894, which
has just been received in the city, and
WAS delivered by Justice Gray. The case
was close parallel to those appealed
from this state, a. il involves title to tide
lands on the Columbia river in Oregon. In
delivering the opinion. Justice Gray said:
''Ths briefs submitted 10 tie court in
the case at bar, - well ~ in Yes.er w,
Commissioners, above cited. and in Pros
ser vs.. Railroad Company. Ia Sup. CT. SIS
(which now stands for judgmsu,l. have
been 30 able and elaborate, aud have dis
closed such diversity of view as TO the
scope and effect Of the previous decisions
Of this court upon the subject of public
and private rights in lands below hish
water mark in navigable waters, that this
appears to the court TO DO Int occasion for
full review Of those decisions and con-
sidcration OF other authorities upon the
subject"
The syllabus, giving the points ct issue
and decided, Is As follows:
IL. A judgment OF a state supreme
court holding that grant from the United
states under the Oregon donation act %
Stat. 1861 OF lands bounded by the Colum.
bia river, passed no title or right a. against
subsequent deeds from the state, in an ad.
judication denying the validity of . right
or privilege claimed under . Law of the
United states, and represents q Federal
question renewable in the supreme court
thereof
- Lands under tide waters are in
capable OF cultivation or improvement in
the manner of lands above high water
mark. They are Of great value to the puo-
lac Tor the purposes Of commerce. naviga-
ton and fishery. Their improvement by
individuals. when permitted. - incidental
or subo dinate to the public use and right.
Therefore the ute and control Of them
are vested in the sovereign for the benefit
of the whole people.
'.3. At common law the title and
dominion in lands flowed by the tide were
in the king for the benefit Of the nation.
Upon the settlement of the colonies, like
rights passed to the grantees in the ROYAL
charters. in trust for the communities to
be established. Upon the American Revo-
luton these rights, charged with . like
trust, were vested in the original states
within their respective borders, subject to
the rights surrendered by the constitution
to the United States.
~: Upon the acquisition Of territory
by the United States, whether by cession
from one OF the states or by treaty with q
foreign country or by discovery and set
tlement, the same title and dominion
passed to the United States, for the bene-
mt ofthc.whole psople. and in trust for
the several states to be ultimately created
out of the territory.
IS. The new states admitted into the
Union since the adoption Of the constitu-
ton have the same rights AZ the original
states In the tide waters and In the lands
under them within their respective iuris-
dictions. The title and rights Of riparian
or httoral proprietors in the soil below
hig water mark, therefore. are governed
BY the laws OF the several states, subject to
the rights granted to the United States by
the constitution.
sc. The United States, while they hold
the country as territory, having all the
powers both Of national and Of municipal
government, may grant, for appropriate
purposes, titles or rights in the soil below
high water mark Of tide waters. But they
have never done 80 by general laws, and,
uuicsS III some case OF International dUtv
or public exigency. have acted upon the pol-
icy, as most in accordance with tho inter-
est OF the people and with the object for
which the territories were required, of
leaving the administration and DISPOSE
ton OF the sovereign rights In navigabls
waters. and in the soil under them, to the
control OF the states respectively when Or
gained and admitted into the Union.
~. Grants by congress of portions OF
the public lands within q territory to
settlers thereon. though bordering on
or bounded by navigabls waters, con.
vey OF their own force, no title or
right below high water mark, and
do not impair the title ana domin.
ion OF the future state when created.
but leave the question of the use Of the
shores by the owners of uplands to tho
sovereign control of each state, subject
only to the rights vested by the const;tu.
ton In the United States
IS A donation land claim, bounded bv
the Columbia river. includes no title or
right in the land below high water mark:
and the statutes Of Oregon, providing for
tho sale Of such lands to private parties.
and giving the riparian proprietors the
FIRST right 10 purchase claws 1872 .. 10
and laws 1874. p. s6) are o constitutional
and legal exercise by the state of Oregon
of its dominion over the lands under navi-
gable waters. Thirty Pac 1874, affirmed"