Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-11-11
NEWRULEOS ACCRETEDLAND
Supreme Court Revsrues Itself and Holds
to Old 0ommsn Law.
BELONGS TO OWNERS OF RIVER BANK
Republican Executive Committee
called 90 Meet at LiReoIn next
Friday to settle Up CAM
palEn Affairs.
LION . So correspondent.

LINCOLN, Nov. 1o.-(speeial)-Of Intense
interest to the owners Of land adjoining
tire Missouri river e. the decision Of the
supreme court in the case OF william
fSinkead against C. W. Turgeon and others,
in which a former opinion OF the court
written by Judge Oldham. is vacated and
new law IN the matter OF accredited lands
~ given in Nebraska. The SQUIRT holds
that where the Missouri river changes It's
course and abandons its former bed the
respective riparian owners are entitled
n the possession and ownership Of the soil
formerly under the waters as far as the
thread Of the stream, and may maintain
sieetmsnt 20 Gust squatters within such
limits.
The opinion was written by Judge Let
ton upon a rehearing which was granted
because Of the questions OF great public
Importance involved and because the former
opinion was written without an oral argu-
ment before the commission. The court
eieaves to the old common law Of England
on the subject Of riparian ownership,
holding that such doctrine is not contrary
TO the laws and constitution OF the state
and nation. The opinions OF the supreme
court Of the United States have held
that the ownership Of land in the former
bed OF navigable streams shall be at the
disposal Of the lntersected states.
The question Of ownership Of acereted
lsnd was presented to the court for the
FIRST time in this case, although other
cases have presented II incidentally, but
its determination was not necessary to The
disposition OF the cases.
The court defines the common law OF
riparian ownerships as giving the owner
w land adjoining a navigable stream titl'
n of ba IN Ia gtatcf
er4t the riparian owners have uniformly
y taken possession Of the accreted lands and
have been permitted TO gain title TO II
That the common law rule of giving own
ership TO the thread of the stream Is prope
ard for the general welfare of Nebraskan
IL amI1ned by the court.
The court says: ITO hold otherwise II
case Of q stream Of the characteristics o
the Missouri river might well lead by wa!
OF repeated changes of the rivers channe
TO additions to the public domain at tn
axpeuse OF adjoining proprietors. For ex
ample, In this case II we should holt
that the bed Of the abandoned stream be
longed to the state OF Nebraska, by tn
same reasoning the bed of the new chan
mel belongs 10 the state and If the rive
should again change its channel by anothe
avulsion, thus leaving the new bed dry
the state would then be the owner of tn
land in the two abandoned river beds an
the new channel. The property In the irr
and second beds would be wrested withou
compensation from the property Of privat
indivldusls.'
Mcintyre Case Amrmed.
The court has afhrned the decision Of tn
court of Dawes county in which Philip Nc
Intyre. the lawyer from Texas. was sen
fenced to the state penitentisry for forgery
II is held that under the practice OF tn
court. where the record contains no bill G
exceptions and the pleadings are sufhcien
to support the Judgment OF the trial court
II viii be anhrmej. Mcintyre can now brin
his action for writ Of habeas corpus as b
declared he would should the appeal be al
nrmed. Mcintyre IL an aged lawyer with