The Montgomery advertiser., 1901-11-21
HEAD NOTES OF THE DECISIONS
 OF THE ALABAMA SUPREME COURT. {

v " " MOBILE TRANSPORTATION CO. ".
 THE CITY OF MOBILE.
 Action of Ejectment--Appeal from Cir
 ciut Court of Mobile.
 i. Public lands; title of State in shores and beds of navigable streams-Under the compact admitting Alabama into the Union, the title to all lands not reserved to the United States became vested Tn the State, and as to the shores and oeos of nayigable streams there is no reserVa- tion, since it would conflict with the law admitting new States upon an equal 1oot- ing with the original States, as well as with the constitution restricting the municipal Jurisdiction of the ohi'eo States to certain specified cases.
 2 Constitutional law; each law 10 con tain but one, subject which shall De em braced in its title; purpose of,-The object of the constitutional provision that leach law shall contain but one sup1ect which shall be described in the utie. fConst. 1885, Art ". Sec. 3, Is to pre- vent surprise and fraud in passing laws under misleading titles, but 1t should not be construed as to. defeat leg1siaton not clearly within the evil; and however general the title may be, if 1t IS slngie and directs the attention truly to the matter of proposed leglsiauoh' 'he pio- vision Is satisfied.
 s. Same: same; cases at bar.--An act entitled "an act granting to the city or Mobile the riparian rights or the river front" while the body of the act grants fhe fee. does not offend the constitu- fionsl provision requiring each law to embrace one subject which shall be described in the title. (Const. lso5. Art. " Sec 9, since the word rights may .4uA&~-khof f1 q fee and the word riparian Is mer ioeahz- ing term to rights.
 . Grant of land adjoining shore where tide ebbes and flows; where same ends grant from the government of land adjoining a shore where the tide ebos and flows, only extends to high water mark.-webb v. Demopolis. s5 ..la.. iS6 explained and qualified.
 5 Title of State to land adjoining tide water; effect of subsequent grant by the government.-By the act of admis' sion into the Union. the State cf Ala hama became vested with the title to all lands between the water and high tide where the same adjoins tide water, and a subsequent grant by the Federal Gov ernment of such land Is void and 1nef' fectual for any purpose.
 e Same; power of disposi.ion.-Ihe he shores of tide water are held in fee by the States subject only to the lower ol Congress to regulate commerce, and tn' State has the right to convey its In terest, provided the conveyance does mol conflict with this power of Congress; ana particularly is this true, when the con veyance is in furtherance of the public interest.
 .7. Municipal corporation; repeal O charter; new organization; power to en force rights of old.-The identity of ; municipal corporation is not changed b! the repeal of its charter and the sub stitution of new organization for sub stantially the same inhabitants ant locality-where the name is changed may be proper for the pleadings 70 trace if. but when there Is no change in namt and the courts take judicial notice oi the law making the substitution. 1t i: unnecessary to make any averment oi obtain any order as to the prosecution of pending suits; any authoritative steps taken by the new organization for thai purpose being sufficient.
 8. Same; title of trustee of bondholder' to property held in trust under the act oi the General Assembly (Acts 1SiS-79, D. 8s1) only such property of the c,ty c1 Mobile that was subject to paym(n' of debts passed to the trustees Of tho bondholders of the city; therefore, rrop ierty held by said city in trust, such a: the shore on tide water, between th' water and high tide was not conveyed.
 g. Ejectment; right of trustee to main tain.-The holder of the legal title t' land, though 1t be in trust. may main tain ejectment against any one who oust. or claims to hold adversely. even thcugf 1t be cestui que trust.
 10 Same; what land may be recovered -Ejectment is maintainable to recover land, though it be servient to the Tow of water over it or of navigation.
 Il. Municipal corporations; trust prop erty; limitations; estoppeL-Neither the statute of limitations nor adverse pcs sessions runs against municipality. al to property held in trust by 1t, nor coe' the collection of taxes against suci property estop the city from asserting its legal title.
 12 Ejectment; charges of court.-II ejectment to recover the shore of tid water up to high water mark, a charg which seeks to limit the recovery to higl tide at the time of the trial, Is arroneo ous since it may be different from that ex isting at the institution of the suit.
 B. Same; evidence: public satutes an grants: reading same to the jury Public statues and grants may be req In evidence where they constitute tn title papers of either party in ejectment and 1t Is not error to read them to tn fury, since 1t is permissible to prove an fact that is judicially known.
 12 Authority of attorne to brin suit; how shown.-The oath of an attol ney as to his authority to institute an conduct a suit is sufficient evidence ( his authority, in the absence of an evidence contradicting 1t.
 iS Motion to retax; when not -eviev ed-where, after a final judgment hs t.aar antered a motion tO retaX costs
 made and an appeal taken from sue