Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1913-02-16
Salient Points in the Sand and Gravel Cases
Jurisdiction Rivers


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''"'" ''' ''u W 'n' S''''" m'E"'
. he required To be done, or FISHING
/ conducted. or any other usc of the
river controlled but It could not com
/ fer upon any single individual or
/ corporation the exclusive uaht lo
! such use of the river even under reg
untions, but its use must bc open to
any citizen of the state who rs willing
! 10 comply with the regulations sup
pose the regulation was that "a certain
/ royalty should hc paid on ll. sand
T taken from tho bed NJ any utNguhlr
river by any citizen Of the state. and
that before removing the same they
should procure permission from some
state officer to DO so This would
probably Ice lawful police regulation
/ because II would afford to uuy citizen
/ of the state who desired tu do 500. the
me and equal right to remove SAND
/ In common with every other pItI2ru
/ Of the state, but mo- state u the union
/ has ever placed such Am EMBARGO
/ upon its Industrial development 60
/ the extent Of charging for sand on
gravel.
There Is n vast difference between
/ the character of the title which the
/ state holds to the state lands ana
public school lands which wore given
/ to it by the United States from the
public lands belonging to the uuitcd
| states for the purpose of being sold
| ar uqod FOR unppifI, purt,g.a .ft.b pg
| the maintenance Of public schools or
universities Of the state or the con
| struction Of public buildings for the
use of the state.
These lands were originally owned
by the general government I'm its
sovereign capacity and II had the
right to sell ana dispose of the same
or give them to the state and it did
donate them to the state for the pur-
poses mentioned In the Act of Con
eress. But the federal governments
title 10 the naWgablc streams was
held in trust for the benefit of the
public and the federal government
has never adopted the policy Of trans
ferring the title to the streams other
than that which follows as the re
suit Of the remqushment OF It's SOW
creignty to the state upon Its organ
iZation. or to some DELINQUENT SOW
crcigntv created by the general gov
ernmcnt, having powers Of govern
ment.
If. ms contended by the representa-
tive Of the state the federal govern
ment could not make private grant
to any person of the beds Of the nav
igabe streams during the territorial
days. II would seem To follow as
necessary consequence that the state
would be limited I'm the same manner
and that after statehood the state
could make no grant 10 private per
sons of the title to the beds of the
streams other or different or i'm auv-
wise superior to the title that ,nirht
have been granted bv the federal
government during its SOVEREIGNTY OF
the territory before statehood.
The law of riparian ownership is
as old as the English common law
and is one founded upon wise policies
and lust principles II attaches only
10 property bordering upon naviga-
ble streams or the tides and Owners
of such property ACQUIRES II with the
right to expect the beneficial results
that may come to his property by
reason OF It's water frontage and
charged with notice Of the fact that
this property Is subject to the action
of the water by erosion and may be
largely destroyed by such agency.
These are incidents to the ownership
Of riparian property and to compcn-
safe for these It has been generally
held that the property right OF the
riparian owner includes not merely
that which Is covered by his specific
fee whether that fee be limited to the
shore or extend to the middle Of the
stream, but includes all vested prop
erty rights. the use of the water front,
all rights of beneficial uses which
are appertinent to his fee title. the
private riparian owner owns and re-
tains all and the only proprietary till.
right and interest either to the beds
or the waters Of such streams. lie
has the proprietary right to the ben
eficial use Of the flow of the water
in connection with their natural head
and fan upon or opposite his riparian
land and to the whole thereof he
has proprietory right to utilize the
he'd and waters for the deyelopmcnt