Mountain Home maverick. [volume] (Mountain Home, Idaho) 1906-1911, 1910-10-06
WOLFE WINS AN
IMPORTANT CASE
DECISION CONCERNING LANIS
ALONG THE SNAKE
RIVER
SECOND Case of like Nature. the
First Being johnson vs.. John-nn.
Over Small Island in the Snake
River Near lIagerman.

Mr.. f. NJ. Wolfe, who represented
Mr. Blanchard in his contest. has
the distinction of having established
the principle in the state of Idaho
that the owners of the land on the
bank of a stream such as Snake riy-
er, takes all islands to the middle
thereat of the main channel.
The first time that the question
came up was in the case of o. r.
Johnson vs.. William Johnson. invol,-
ing title to an island near Hagerman.
In that case the Supreme Court
sustains Mr.. Wolfe's contensions and
reversed the lower court, Judge
Bulge
The opinion of the ocurt attracted
wide attention in the state. because
OF the many islands in Snake river
and in the lakes in North Idaho. OF
so much Importance was the case
throughout the United States gen.
orally that the opinion of the Su-
preme court is now published in the
L. R. A. System of selected cases.
The decision in the Blanchard case
follows:
November 21, 1907. NJ. Ray Blaa-
chard made d. l.. e. No. 1851 for un-
surveyed island in Snake river be-
tween lots 3, 4 and Z. section %, T..
] 5 s.. R. a E.. embracing about twelve
acres, as stated in his application.
July 16. lgO9, Martha w. Blanch-
ard filed affidavit of contest against
said entry alleging that said islam
is a part of lots 2 and 3, section 22
T. s., r.. b., that during the dry
seasons of the year when the Snak,
river is low the channel between thi-
island and the above lots IS dry anc
tnat in ordinary stages Of the wat~i
the channel on that side of the IS
land is about one hundred feet wild.
and carries very lit water, while
the channel on Che other side of Tho
island is several hundred feed wide
and carries nearly all the water a.
Snake river.
1t appears that Martha w. Blan
chard has an uncompleted deser
land entry, No. 3OO6. made April 16
1908, for lots 2 and 3, section %
bordering on the west side of s1ak
river.
You rejected Martha w. Blanch
ards contest, for the reason that tn
title to the land embraced in bot
5 entries was still in the government
! that before patent could be issue
] on d. l.. E. No 2S51, the islam
would have to be surveyed and
2 would be competent for the govern
. ment at any time to order such SUI
vey; that the matter of riparian OWL
/ ership was a question to be deter
p mined by your state courts after pa
t ent issues.
= Office letter "H" of November
n 1909, held that the matters set up
y the afidivit of contest were insu
l. ficient to warrant the ordering of
hearing. but as existing condition
n had been brought to the attention
r this office. it was deemed advisab
= that steps be taken with a view
adjudicating the rights of the parti'
Il iu order to save subsequent expeni
8 and litigation. Thereupon you we
8, directed to issue notice, naming
IS day for hearing. with the view of
Il termining the following:
Il First, whether Snake river W
s. navigable in said section 22 on Ju
is 3. 1890, the date of admission of Id
is no as a state, and in that connecti'
s. it should be ascertained the wild
II of the channel and depth of the W
S. ter in feet between the island and Il
h. mainland on both sides of the islam
re Second. whether the island exii
~ ed in 1890. and if so its condition
~ that time, as well as up to the pr,
ent.
Third, if the island existed in 1S
whether it was above the ordina
)n stages Of the water at that time a
re since The number of feet above hi
let water mark should also be ascerta
tn ed
od And you were directed to not
ng the parties of the hearing also {
or secretary of state and attorney-g'
lie eral at Boise. Idaho, together w
Se- the owners or entryman on both si'
Of the river opposite the island.