The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1908-11-21
THE OREGON
BOUNDARY
rrDERAL SUPREME COURT
HANDS DOWN IT'S
DECISION.
Saws Line Can Be Changed Only
By Accretion---Deepening of
Waterway South of Sand Island
Does Not Alter Facts, so Wash
ington Loses.

Washington, Nov. 1.-THE bounda-
~ dispute between Washington and
6rnoon has been settled by a decision
81 +bp United States supreme court. in
favor of Oregon.
# is held by the court that the fact
+bat the southern channel of the river
odiacent to Sand island, has become
tbe main channel because of deepening
does not alter the fact that the bounda-
~ is still in the north channel.
The opinion Of the court, which was
delivered by Justice Brewer, says in
part:
''Now, if congress, in establishing
tbe boundary between Washington and
Oregon, had simply named the middle
Of the river, or the center of the chan
mel, doubtless it would be ruled that
tbe center of the main channel, vary
inc as it might from year to year, was
tbe boundary between the two states.
THAT congress had the propriety of
such a boundary between the two states
in mind is suggested by the terms of
the act establishing the territorial gov
eminent of Washington, passed March
} 1858. in which the middle of the
main channel of the Columbia river
was named as the boundary. However,
as we have seen, when congress came
TO provide for the admission Of Oregon,
doubtless from being more accurately
advised as to the condition of the chan
nels of the Columbia riyer), it provided
that the boundary should be the mid
die of the north channel.
1.-THE courts have no power to change
the boundary thus prescribed and es-
tablish it in the middle of some other
channel That remains the boundary,
although some other channel may, in
the course of time, become so far su-
perior as to be practically the only
channel for vessels going in and out of
the river The middle of the north
channel may vary through the pro-
cesses of accretion; it may marrow in
width, may become more shallow, and
vet the middle of that channel will re-
main the boundary.
'Our conclusion, therefore, is in
favor of the state Of Oregon, and that
the boundary between the two states
is the center of the north channel,
changed only as it may be from time
to time, through the processes of
accretion."
The decision Of the supreme court
makes the Washington salmon fisher
men amenable to the Oregon fishing
laws, which conflict with the laws of
this state, and the enforcement of
which once led to the calling out OF
the militia of both states. Sand is
land, which the supreme court holds
belongs to Oregon, was several years
ago occupied by the Washington mill
tiamen, who, by force Of arms, pre-
vented the Oregon authorities from
molesting Washington fishermen.
The principal bone Of contention
between the two states was the fact
that the fishing laws conficted in so
far as the open and closed season was
concerned. The Washington fishing
season opens several months earlier
than the Oregon season, and in claim
ing Jurisdiction of the river almost up
to the Washington shore the Oregon
authorities have for years attempted
to keep Washington fishermen from
hshing during the Oregon closed season.
Hereafter, according to the decision,
Washington fishermen operating in
What was the disputed territory will
be subject to the Oregon laws.