The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-17
The SUP RENE
COURT OF VA.
Opinion Involving Conflicting
Rights Of Riparian Owners
on Tidewater.
THE COLONIAL WILL CASE.
Case Against Executor Of 1ndi-
ana Williams Reversed--Court
Orders and Writs Of Error.
Especial to TIE rimes- Dispatch

Especial to Tie Tlmes- Dispatch)
w,YTHDvHLE, VA, June 1s.--In the
Supreme Court today the following opln-
ions were handed down by Judge Keith:
Taylor vs.. the Commonwealth from
the Circuit Court Of the city Of Rich
morid, affirmed. This Is q case OF first
Impression, and involves the conflicting
rights OF riparian proprietors on tidal
waters OF tho Commonwealth The APP
pellant is O riparian owner, and had been
leasing land for oyster planting, the les
see afterwards taking lease from tho
Commonwealth for the Same lands or
oyster beds Tho lessee sunk III, artc-
fan we'll between high and low water
mark and developed q mineral water OF
high grade and very valuable.
The appellant In her bill claims to own
the land to tho channel Of the river.
which embraces this we'll. Tho court
holds the riparian proprietor has no title
10 tile water between low water mark
and the channel OF tho river. nor to the
soil beneath It, that she has certain rights
beyond the low water mark, as the right
to build wharves, access to the channel,
etc. under proper limitations and re-
strictions, and that her rights as pre-
scented in the record are not Impaired or
diminished by reason Of any right or
privilege granted to or exercised by the
Colonial Water Company. the lessee from
the Commonwealth
TAX CASE. It
The Comm onwealth VS.. Indiana VIII
.lia,ns's executrix, from the Circuit Court
or Amherst, reversed, In this case the
court holds that the intangible personal
property OF the testatrix deposited In
New York at the time of her death is
proper subject for taxation against her
executor in Virginia, and that the same
property devised to the Sweet Briar In
stitute, charitable educational corpor-
alton. whose property is exempt from
taxation under the laws Of Virginia. does
not exempt the said property from tax
alton In the hands of the executor before
1t is paid over to said institution.
Wilson. trustee. vs. Langhorne ct ais,
from the Circuit Court of the city OF
Lynchburg. reversed.
Baltimore and Ohio Railroad VS.. Burke
and Hurbert. from the Circuit Court OF
Alexandria, affirmed.
Anderson, administrator, vs. Smith ct
ais, from the Circuit Court Of Lynch
burg reversed in favor OF the appellees.
American Surety Company VS.. Com
monwealth, from State Corporation Com
mission. affirmed. 8;g
ELECTRIC RAILWAYS.
BY Judge Cardwell:
Newport News and Old Point Railway
and Electric Company vs.. Hampton
Roads Railway and Electric Company.
from the Circuit Court OF Elizabeth City
county. affirmed.
Same VS.. same. from the Corporation
Commission. affirmed.
Willis vs Gerrell ct ais, from the
Circuit Court OF Alexandria, reversed.
Southern Railroad Company w. oliver,
from the Circuit Court of city Of DAN
vllle affirmed.
city OF Richmond VS.. Williams and
Bowe, from the Chancery Court OF the
CITY Of Richmond, reversed.
American Bonding and Trust Com
pany. Of Baltimore. VS.. Milstead, from
the Corporation Court OF Newport News.
affirmed
BY Judge Buchanan:
Standard OIL Company VS.. Wakefield's
administrator. from the Law and Equity
Court OF city OF Richmond, affirmed.
Richmond and Petersburg Electric Rail-
way Company VS. Rubin. from the Cir
cult Court of Chesterfield. affirmed.
Nottlnlham Coal and Ice Company VS.,
Preas, from the Circuit Court of the city
OF Roanoke, reversed.
wasserman VS.. Metzger, from the Court
of Law and Chancery of the city of Nor
folk, reversed for want Of proper par
ties.
BY Judge Harrison:
GREEN'S administrator VS.. Southern Rail-
road Company. from the Circuit Court
OF Halifax, reversed, Judges Keith and
Cardwell dissenting,
Newport News Publishing Company VS..
Beaumister, from the Circuit Court Of.
the city Of Newport News, reversed
4 BY Judge Whittle:
Portsmouth Street Railroad Company
vs. Peeds administrator, from the Hust-
ings Court OF the city Of Portsmouth, res
PETERSBURG CASE.
CITY az .I2aters rg vs. Petersburg Aque-