The Parma herald. (Parma, Idaho) 1903-1917, 1908-05-09

IYON COUNTY, IDAHO, S
.-----=s-----,
partment have no claim whatever to the
lands ON which they have lived Tor years,
perhaps. but that those ansuryeyed
lands heiong to the riparian owner on
one side Of the stream or The other, ac-
cording 10 point chat may be deter
mined as the center OF the channel. The
rulings OF the interior department under
which public lands may be entered re.
quire that all land embraced in an en-
try must be eontigUous.--that an entry
man eannat enter piece OF land along
the hank Of a navigahle stream aud in
olude an island as part of that entry.
But although he is prohibited from tax
ing the island as part of that entry un-
der this opinion it would seem that it is
decreed to him even if his original en-
try had been for the maximum acreage
permitted.
Since the opinian was first handed
down sauat'eis upon islands and ripari-
an owners have besiegad the govern
mont officials TO learn the status of their
possessions, whether the one GLASS is
not entitled to anything and the other
to additional acres. One comnunica
ton was from riparian owner of lands
opposite an unsurveyed island in the
Snake river near Grand View that con-
tains probably 40 acres and has for
years been the home OF settler. He
alleges that the main channel OF the riv
OF Ia upon the opposite side of the island
from his property and therefore he is
under the opinion entitled to the island
as part OF his property, although he
may have acquired as large all acreage
as pei mitted by entry through his filing
upon lands on the bank.
In the case OF Moss Brothers VS. A. NJ.
Ramey, an appeal from the Canyon
county court where the same principals
at law were involved, and which wac de
cided about tn. same time the opinion
/ in the Johnson case was followed aud
approved. Some of the pertinent pro.
visions in the opinion in the Johnson
case were as follows:
"Where islands front upon navigabl'
streams, and line meandering such
streams is run for the purpose OF ascer
tanning the quantity of land to be pait
for, such meander line is not regarded
as boundary line, hut only points ou
the slnuosities of the bank for the pur
pose of arriving at the area OF land to b,
paid for"
"Under the riparian law a riparian
proprietor bounded on or by stream
above tide water, although navigable il
fact. acquires exclusive ownershipln III
soil to the middle OF the tread OF tn
current subject to the public easement c
navigation and all grants of the govern
ment bounded upon or by such strear
entities the grantee to all islands lyin
between the main land and the cente
tread of the current, unless it appear;
= either from the grant itself or from 9th
er circumstances surrounding the sam
that the government intended to reserv
such islands from such grant"
"Where the government grants laud
bordering upon navigable stream, ths
is, fresh water stream not affected b
the ebb and flow of the tide, and there
, nothing IN the grant or IN the acts
| the government, which indicates an aC
on the part of the government to max
any reservation or limit the grant to til
waters edge, the grantee takes to tn
middle of the main channel OF sue
p stream"
"The fact that navigable rivers are II
e served as public highways in no way il
ierferes wit thhe legal doctrine that tn
riparian owner takes to the tread of til
stream"
For Sale:-One span of wor
}, horses. Weight 1900 pounds