The San Francisco call., 1896-10-24
President Kellogg of the Corde-
liza Club Voices His
Thoughts.
THE oBsTRUCTI0Ns
Calls 1t Quest on of Property
Rights Privileging Owners to
Keep Others Off.

Assistant United States District Attor-
ney Knight, acting under the advice OF
Government eng gineers, wired the Attor-
ney-General at Washington, D. c., yester-
day, that Frank Horan slough in the
Suisun marshes is navlgable. This Will
pretty nearly settle the disturbing ques-
ton of whether local sportsmen can or
cannot shoot in the sloughs, which the
Cordelia Club contend are not navigable.
Apropos of the question, Charles L. kel-
Iogg, president of the club, gave his views
yesterday as follows:
There is only one question, it seems to
me, involved in the matter, and that is
that this tract of land in the Suisun
marsh in Solano County belongs to the
Chamberlain heirs, for which they nave
deed from the State showing that the land
was sold under the tide land act some
where in 1861 or 1862. They have perfect
title to the property, and the land is as
sessed by the State and by the county, the
taxes last year amounting to something
between $400 and $500.
II have lease from these persons for
this land for shooting purposes, which,
outside the small amount they get from
Pierce Bros. for pasturing purposes, is The
only revenue they have from the land
with which to pay taxes; so that if the
right OF lea sing this land were taken away
from them, which it certainly would be If
to every one were conceded the right OF
shooting thereon, it would amoInt simply
to a conhscation OF their property-some-
thing we claim neither re Legislature nor
any other body has the right to do.
I'VE first Instituted proceedings for tres
pass upon the land, had several persons
tried. they demanding jury trial, and on
account of the prejudice in the county
against the preserve system no convictions
were had. We then applied to Judge
Buckles for an injunction in the Superior
Court, and Judge Buckles granted tenn
porary injunction, but in the hearing of
the case declared in favor of the poachers
for that is what they we're.
"Then we made an appeal from that
court to the Supreme Court, which re-
vers d his decision in almost every par
ticular, and the matter will come up
before him again on the 9th inst. when
do not see how he can avoid issuing per-
manent injunction under the PLAIN orders
OF the Supreme Court.
at seems to me that it is only ques-
ton OF property right-whether man
having perfect title to property has the
right TO keep people off or not. In regard
to the slouehs being navigable and the
DISTINCTIONS placed there the intention is
merely to keep people from coming in.
Our attorneys say that the waters are not
nayigable, never having been used for
that purpose at any time. The fact that
the railroad companies have trestes
across the sioughs that have been OBJ
structed shows that they do not consider
them nGvigabe streams; otherwise they
would have built drawbridges in accord
ance with the law.
1.-The stream which the Sportsmen's s
Prohibitive Association and others COM
plain mostly about, called the Frank
Horan, is branch of the Cord ella Slough,
but begins and terminates in the land OF
the Cham berlain tract. Therefore, the
only use to which it could be put would
be to travel back and forth upon the land.
''1t Is our desire to have it determined
by the United States authorities whether
or not the stream is navigable, we claim
ing that it is not. We care under no cir
cumstances 10 violate the law