The commercial. (Union City, Tenn.) 190?-193?, 1910-05-13
The Reelfoot Lake INQUIRY.


The Hon. Charles n. Gibbs, the nes-
tor Of the Tennessee bar. a Democrat
Of sixty years voting record, clear
headed thinker even at eighty-one years
Of age, and stalwart friend of the COM
mon people, has Just returned to Chat
tanooga from Obion, Weakly and Madi-
son counties, where be has been for
three weeks refreshing his memory on
the facts from the records touching the
Reelfoot Lake controversy. COL Gibbs
was reared in Obion County, he knows
every foot OF it, knows and loves every
citizen in it and no man has the ac-
quaintance with the land titles of it
that he has. He has made study of
the Reelfoot Lake controversy and he
has the most elaborate and thorough
brief on the subject ever prepared. At
the request of this newspaper Col. Gibbs
has prepared his conclusions after a full
Investigation as follows:
First, that all the North Carolina
grants for parts of said tract were valid,
but have been adiudicated and taken up
by this State by numbers and other
grants issued by the State by numbers,
and such new grants located on other
lands in the State.
Second, this course was suggested by
the Supreme Court of Tennessee and
carried out by the State, which action
committed the State to holding that
those submerged lands were not then, Or
now, subject to entry, survey or grant,
and such are of no validity.
Third, that the action of the Legisla-
ture in 1839-40, granting these lands to
a bridge company on condition that
they drain the lake in ten years, was a
recognition of the fact that the lands
were not subject to entry or grant, as
the State at that time had not the right
to sell or grant any lands west of Ten
nessee River. The State had power
only as agent of the United States to
sell and receive money for such lands
as the agents of the United States and
to satisfy proven claims of all North
Carolina claimants.
Fourth, there has never been any act
to grant such lands so submerged, and
for the want OF such enactment no grant
could be valid.
Therefore, the State owns all the lake,
and the courts have power to declare
such grants void and, if the courts fail,
the General Assembly has the power by
law to declare them invalid, the mother
State, North Carolina, having furnished
a precedent.
This question is liable to figure some,
in West Tennessee, in the
coming State campaign, the issue being
to restore to the State all of the rights
and immunities it has in and to the
famous body of water over which there
has been such a tragic controversy with
in the past few years. If Col. Gibbs is
correct in his conclusions then all that
S required is for the courts to declare
Invalid all the grants made which GER
ain parties are claiming to hold and
he attempt to enforce which has en-
Uttered the people of that whole region,
n il not that, then for the Legislature
o declare them invalid, take over the
AXE as the property OF the State and
impose such regulations and restrictions
or,its public use as the welfare Of the
,ublic may demand.
With something like interested indif-
erence the State authorities have not
vailed themselves of the information
hat can be had to protect the people
gainst fraudulent claims. - Chatta-
ooga Times.