The commercial. (Union City, Tenn.) 190?-193?, 1902-06-20
CELEBRATED REELFOOT LAKE
CASE.
Supreme Court Afirms the Decree Of
Judge Swiggarts Court.

Supreme Court AthrmS the decree OF
Judge Swiggart's Court.
Last Thursday evening at Jack
son the Supreme Court decided the
Reelf, OF Lake case and the decision
is against Maj, Harris.
This case has attracted a great
deal of attention., and many per-
sous interested were present in the
court to hear the opinion which
was delivered by Justice McAlister,
The opinion was quite leng thy,
and three quarters OF an hour was
consumed III its reading. After
citing many authorities and quot
ing at length from the testimony
introduced in the lower court, and
especially complimenting the
chancellor, Judge William H. Swig-
CART, for his able charge, the court
delivered its opinion. In the de-
cislon the court holds that Reelfoot
Lake is not navigable in legal and
technical sense, but d majority of
the court are of the opinion that it
is naviga BILE in The ordinary sense,
hence that it is not public property
to be held in trust 10y the State for
the use and benefit of the public,
but is subject to grant by the State
under the general land laws of pri-
vate ownership; but such owner
ship would take it laden with such
rights of navigation by the public
condition
ceptible of. The court holds, fur
Their, that the compliments are ri
parian owners, and that their title
goes to low water mark and not to
the center of the stream, and, as
such riparian owners, compartments
have the right of the water OF the
lake in its present and natural con
dition, and to prevent drainage by
artificial means, The court holds,
further, that the defendant Harris
fails to show the exact location of
the land claimed by him under the
water of the lake. The court, con-
Guiding, perpetually enjoins Harris
from draining the lake, and his
cross bill, claiming to own the lake,
was dismissed. This afirms the
decree Of the lower court as to the
result of the suit and the holding OF
the court below as to all of the
points except navigability of the
lake in legal and technical sense
and its susceptibility to private
ownership Under the terms of the
decree, should the lake go dry fur
Their litigation would result as to
the ownership of the property Gov
cred by the waters that are now
Reelfoot Lake. The majority of
this property is owned by Harris,
the defendant, but there are claitu
ants to the property now sub
merged. The names of the Justices
dissenting from the opinion could
not be learned,
The style of the Reelfoot Lake
case was W. f. Webster ct al. VS..
}. c. Harris ct al, and the decision
has been awaited with p>fuliar in
terest by very many people, espe-
cially those devoted to hunting and
fishing.
ORIGIN OF THE LITIGATION.
Reelfoot Lake is one of the natu-
raj curiosities of Tennessee and
known to sportmen throughout the
country. The lake was formed by
an earthquake November 10, 1911,
in which a considerable body of |
land in Lake county, near the east
bank Of the Mississippi river, sud
denly sank. 1t is said that two ter
rife shocks came about twenty min
utes apart. The earth shocked and
trembled violently, a deafening
noise like thunder struck terror to
the hearts of those who lived in that
Vicinity. The atmosphere was
heavily laden with a substance like
smoke, while flashes OF lightning
Illuminated the surrounding coun-
try. The superstitious believed
the day of Judgment to be at hand.
Forests and canebreaks went down
with a crash and the Mississippi
river came rushing in, forming a
AXE. The lake is about forty miles
org and from a half to five miles
n width. 1t is from five feet to
'bottomless" in places. The
trunks of many of the forest trees
which sank at the time of the earth
luake can still be seen beneath the
surface of the water, forming a sub
merged forest of skeletons.
For many years the lake has been
amous for hunting and fishing, its
waters being filled with the choic- :
st of fish, while upon its surface !
ems of thousands of ducks, wild :
reese and other water fowls furnish /
port for the hunters and has yield :
d an income IN a commercial sense !
o quite number of people. Many
'ersons, not only in this country,
mt from across the waters, have