The news-democrat. (Providence, R.I.) 1906-1909, 1907-05-09
HAS NO right
TO BEACHES ABOVE
HIGH WATER MARK

thereby created as a public right in
ouseholders. II IL did not previously ex-
ist at the common law. The language was
retained IN the ordinance when 1t was
enlarged by additional provisions. Whit
more's Colonial laws. 30. There may be
ground for a question as to whether II
was nulliied by the subsequent grant OF
lands TO individual proprietors between
high water mark and low water mark.
We think Il better TO hold that II was
not We know OF no case in which the
question has been decided. but In Com
monwealth V. Alger. Cush 63. S. the
right TO use the shore for fowling is re-
ferred 10 as public right.
We have considered the questions prin-
cipally discussed at the argument. We are
OF opinion that a decree should be en-
tered that premises are held by the peti-
toners IN fee subject. however. as 10 that
portion between high and low water mark.
10 the easement OF the public for the pur-
poses OF navigation and free fishing or
fowling, and OF passing freely over and
through the water without any use OF tho
land underneath, wherever the tide ebbs
and flows.
80 ordered.
Geo. l.. Mayberry q #. l.. Washburn
for petitioners. Henry Winn for atty. gen.
eral."
PRIVATE OWNERSHIP.
Commenting upon this decision and
it's far-reanhing Importance, the Nor
wich Bulletin says editorially, under
the caption "The People and the
Beaches:
.oThe rapidity with which the beaches
Of New England arc getting into pri-
vate hands Is causing considerable
comment in Massachusetts,, and the
Newburyport News calls attention 10
"A half-doZen olden time beaches upon
which the public are forever denied
any further rights.
Commenting upon this tho Bridge
port Standard truthfully says:
Practically the same conditions ex-
ist in Connecticut and every year tho
breathing places on the shore are
being acquired more and more fully
and the public shut out. 1t has been
proposed that the state buy. take, con-
denim or in any other legal way acquire
a right 10 some OF the remaining open
spaces and reserve them for the public
use. Unless this IL done pretty soon,
there will be nothing left the public
and access to the sound will be barred
10 all who cannot pay for the privi-
lege There Will be no more picnicking
on the shore. no more digging clans
fishing from the rocks or other
pastimes indulged In from time inn
memorial by the rural visitor who once
Massa chusetts Is being closed up on
its coast and Connecticuts water front.
which Is not so extensive or so varied,
will soon be I'm the hands OF private
owners. Individual or corporate
''rhe Watch Hill (R- ID bathing
beach. which has been the resort OF
eastern Connecticut and other New
England people ever since this country
was settled has become a private
property. the bathing houses have been
removed and all bathing privileges
there absolutely abolished Norwich Is
today looking for a new bathing beach
and Il Is intimated that the coast
terminal trolley line will open n beach
for the purpose OF meeting the large
demands for seashore recreation here
about.
New London, fortunately, has a lit
tie beach OF her own, which many of
our people enjoy; but Il is not nearly
large enough 10 meet the requirements
OF this section.
our hope now is the The Rose OF
New England may soon become related
to some pretty spot on the Rhode Is
land coast where the bathing is good
and the a-breezes refreshing"