The commercial. (Union City, Tenn.) 190?-193?, 1913-06-13
STATE SUPREME COURT
ON REELFOOT LAKE
Hands Down Decision on Own
ership Claims.


Lake was held to be the public property
OF the State in a majority opinion Of
the Supreme Court, announced to-day
/ by Justice Landsden. The decision Of
the court marks the end Of lawsuit be-
gun by the State shortly after the night
rider outrages at Walnut Log during the
last administration OF Gov. Patterson.
The majority opinion upheld the State 5
principal contention, that the lake was a
nayigable body OF water in the technical
legal sense. AS result, the West Ten
nessee Land Company loses its title TO
all. Of the lake except that portion Of
the body covered by the Doherty
grants. These grants include about one
third OF the total area OF the lake.
Chief Justice Neil dissented sharply
from the opinion Of the other four
members Of the court, filing vigorous
dissenting opinion Of 40 typewritten
pages. The Chief Justice declared that
the majority Of the court had reached
an unsound conclusion, that will have
an effect far beyond the present con-
troversy.
The courts decision on the question
Of the navigability in this case" the
Chief Justice declared, raising his hand
in an emphatic gesture, "overrules de-
cisions that have been the law in Ten
nessee for so years and unsettles the
titles to the land bordering every stream
in the State outside the Cumberland and
Tennessee rivers.
"Iagree," continued the Chief JUS
tice, that the State ought to own this
body Of water, but it ought to take
possession in lawful way by condemn
ing it and paying for it."
The West Tennessee company claimed
title to the lake and has controlled its
valuable fisheries and hunting privileges
for years, under two series of land
grants. The Doherty grants, covering
one third OF the lake, were made by the
State OF North Carolina before Ten
nessee became State and prior to the
earthquake OF 1912 which formed the
lake. The court held that the land
company had a good titleto that part
OF the lake covered by these grants.
CALDWELL GRANTS INVALID.
The Caldwell grants and others under
which the land company claimed title
to the remaining two-thirds Of the lake
were held to be invalid. These grants
we're made years after the lake was
formed. The grants did not vest a
valid title, the majority opinion OF the
court declared, because Reelfoot was at
the time nayigable body Of water and
therefore under the rules Of the civil
law was not susceptible to private owner
ship and should have been held in trust
for public uses.
In holding that the lake was navigable
il law, the majority opinion overturned
4 comparatively recent decision in the
case Of Webster vs.. Harris. In de-
the question Of the lakes nayi-
gability the court held that the English
law rules did not apply and
that the rule Of civil law well established
10 Tennessee in the case Of Stewart vs.
Clarks. lessee should be given a broad
Chief Justice Neil maintained that
both the common and civil law estab-
ished indisputably that the lake was not
navigable in law. The Chief Justice
ook issue with the contentious of the
majority as to their construction Of the
decision in the case Of Stewart vs..
yIarks, lessee. Relative 10 the effect Of
he opinion 81 the majority, the Chiei
Justice said:
Here / may properly, 4 think, turn
lsite from the main current Of the dis
,ussion to say that the decision oi the
'ourt ia the present case upon the ques-
ion Of navigability, II contrary to what
las been previously held, as set forth IN