Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-10-06

N"~'~No e%tt t"t NlDo oNAhH
duly notified the hearing came on to
be had before you on January II.
1910. The plalntif appearing with
counsel and witnesses and rendered /
testimony. The other parties made
default
On February l2 1910, you found
as follows:
First. the Snake river at section
22, 4. 5 S, R. 4 f.. b. NJ. was not
nayigable on July 3. 1890. We fur
ther find that the width of that por-
tion Of the river separating the island
from the north bank (wesD of the
stream is about 80 feet. and that the
width of the river between the island
and the south bank (east) of the
stream is about 500 feet; that the
depth of the water in that portion
Of the Snake river between the island
and the north bank (west), averages
from six inches to few feet. and that
the river on that side of the island H.
usually dry during July. august. Sep
tember; that the depth of the river
between the island and south bank
'east of the s,ream averages from.
twelve to tnirty-five feet
Second. we find from the testi-
mony that this island existed in 1899
and was substantially in its present
condition
Third, that this island in 1890 was
about six feet above high water mark
and about eight feet above the or
binary stage Of water, and it has re-
NAMED in the same condition Its
height above the water is substan-
TALLY as it was in 1890.
Plaintin appealed. although you
rendered no decision.
The evidence consists of the testi-
mony Of the plaintiff and two other
witnesses, and your finding of facts
is fully warranted by the testimony.
The island contains about nine
acres and the land on either side of
Snake river in said section %. was
surveyed in 1905 and the island is
not Indicated on the plat of the sur
vey of the township.
In the case of Frank Chapman. 6
l.. D., 5S3 the application for the sur
yey Of an island containing about
nine acres in a non-nayigable river
not shown on the plat of the survey
of the township, was denied on tn.
ground that, prima facie, the islam,
, belonged to the proprietor of th'
: land on the nearest main shore op
posite said island. and such surve,
would be an nt,.ferer ce with vest
ed rights. See also c. w. Beeman
L. D.. 6S7.
In the case Of John C. Christensen
25 L. d., Alb, an application for tn
survey of an island in meander
ed non-navigable stream was not al
lowed
In the case of Archie G.. Palmer
= q L. d., $50 an application for tn
= survey of an island in a meanderel
= non-navigable river was denied, be
cause the right of riparian owner
was recognized to the bed of tn
= stream in the law Of the State of Ne
" braska
II is plain that the land in the un
= surveyed island entered by .i Ra
"a nlanoI.r1 no n II NJ. oorf
y situated in a meandered non-nav
gable river in the state of Idaho. OF
posite lots and 3 entered by MAJ
a. tha w Blanchard April 16, 1908, 4
s. d L. e. No. 3OO6 in section %. ]
r. s., R. e., and under the commo
law of riparian rights the owner f.,
T. said lots and 8 will take the Ian
~ contained unsuryeyed island, as ril
ariaa owner.
The Supreme Court Of the state
~ Idaho has held that the patent
~ the land on the banks of meanders
PC streams conveys the islands there.
~ to the middle thread of the ma
channel. See Johnson v. Johnson, {
77 Pacific, 400, IA Idaho, sci.
i Defendants entry is held for ca
collation., subject to the right of a
e peal, and the case is closed as
all other parties except those nar
90 ed in the caption hereof.
' You viii so notify the parties.
Ia
on Victim Known Here.
ch