Evening journal., 1912-06-14

In the case Of Sage V. New York,
l54 \, Y. 6l, the court says: "If we
reason accurately thus far, the claim
OF title by the plaintiQff, through al
tanned. The doctrine of accretion
tanned. The doctrine Of accretion
rests upon an increase by impercept-
ible degrees through natural causes,
such as the ordinary action of wa
ter. II does not apply TO land re-
claimed by man through filing in
land once under water. and making it
/ dry. The city was not wrongdoer
| in filing up the water front and con-
structing piers, as its action was JUS
tilted by its ancient charters. as we'll
as by legislation to which there is no
the defendant is a riparian owner on
thus made. without irespassing upon
the rights of anyone. did not become
the property Of the plaintiff through
accretion, but remained the property
of the city for the benefit Of the public
as dry land, just the same as when It
was land under water
1t could hardly be contended,
therefore, that these riparian owners
would be entitled to the newly made
land upon the theory that they were
entitled TO all accretions.
Based on Common Law.
The views which ] have above ex-
pressed are based upon what ! con-
ceive to be the rules in the absence
of legislation; in other words they
are based largely upon what Is
known as the common law, which, in
the absence of statutes, is applicable
in this state.
The state has authority to legislate
upon so important a subject. AS was
said by the chancellor in the case Of
II. and IT. Co. V. Paschall, Del. Ch.
/ ASP: "The law-making power Of the
state is the rightful authority to pro-
vide for the preservation and main
tenance Of the Christiana river as a
public navigable stream free and un-
obstructed, for all the citizens OF the
state, and il necessary, it has author
ity 10 enact that even a riparian
/ owner thereon shall not so use his
own property rights as to destroy or
obstruct the free navigation OF the
river. The proof shows that
the defendant is a riparin owner on
the Christiana river. AS such he has
all the rights of riparian owner But
riparian rights are always subject to
the state regulation
i The authorities are uniform in
holding that the rights OF the ripar-
ian owner is subject of state regu-
lation. OF course his property can
not be taken without duo process OF
law.
The act Of the General Assembly.
approved March s, A. ID. 1901, being
Chapter 2, Vol. %, Laws of Delaware,
undertakes to establish a harbor line
IN front of the city of Wilmington in
the Delaware river and fix the rights
OF the riparian owners along the west
bank of said river. l have quoted be-
low such portions Of said Act as, in
my Judgment, are necessary to a full
understanding of the intent of the
Legislature in passing said Act
Quotes Bulkhead Law.
Section /. That the bulkhead line
or lines of solid filling. and the pier
line in the tide-waters OF the River
Il Delaware, lying between the Chris
tiana river and the northerly hound
airy of Edge Moor, opposite the city
of Wilmington aud Edge Moor, as
4 fixed, established and adopted, OF
hereafter TO be fixed. established anC
adopted, by the Secretary of War oi
the United States, under the acts ol
Congress in that behalf, are hereby
adopted and declared TO be fixed and
established as tha exterior bulkheao
ano pier lines between the points
aforesaid, as snch exterior bulkhead
aud pier lines so fixed, established
and adopted. are or may hereafter be
shown upon the manuscript map or
maps, report or reports, filed in the
Office OF the said Secretary of War
or War Department"
Section 4. That The littoral pro-
/ prietors abutting on the River Della
ware, between Christiana River and
the northerly boundary of Edge Moor
are hereby respectively authorized
and empowered 10 erect bulkheads,
wharves and piers. on the line or lines
now or hereafter 10 be fixed, estab-
lished and adopted as provided in
section one 1) OF this act, opposite
their respective littoral holdings on
said river, between said Christiana
River and the northerly boundary OF
, Edge Moor, and to FIJI in with earth,
! stones or other material the space or
D spaces between said bUlkhoad line or
lines OF solid filling, shown or exhi-
bited' on the map or maps. report or
reports aforesaid, and the westerly
bank OF said river, designating the
\ nigh water mark thereof. between
said Christiana River and the north
erly boundary OF Edge Moor afore-
sald. Provided, that nothing herein
. contained shall operate to prevent the
United States from utilizing all or
any portion of the space between said
bulkhead and the westerly bank OF
said river for the deposit Of dredged
material taken from said River Della
ware IN the progress of the improve
IhenJ thereoi, not exceeding twelve
rect IN height above mean low water
Ana provided, further, that the films
IN OF said space between said lines by
any littoral proprietor shall be under
and subject to the regulations of the
war Department of the United
States"
Section s. That the land under
the waters of said river, within the
lmlts aforesaid as hereafter deter
mined. on the front of the littoral
! holdings of said littoral proprietors
respectively, and between the bulk.
mead line or lines of solid filing. as
shown and exhibited on the maps
aforesaid, and the westerly bank OF
said river, designating the high
water mark thereof, shall vest in
Zee In said littoral proprletors. their
heirs, executors, administrators. suc.
cessors and assigns. Respectively
And when suitable hulkhead shall
: nave been constructed front of anv ot
said littoral holdings, of any of said
I ilttoral proprietors it shall be the