The times-herald. [volume] (Burns, Harney County, Or.) 1896-1929, 1920-10-30
MAY HAVE BEARING
ON BIRD MEASURE
Letter From Commissioner of
General Land Office on
Riparian Ownership.

Adam George recently received IN
letter printed below which boar
more or less on the Roosevelt Bir,
Reiuge Bill which IS receiving mucl
Attention just at present:
Washington. y. c. October 10.
Mr.. A. F. Il. George.
Lawen. Oregon.
Ny dear Sir:
This Office Is In receipt of your let
Ter OF september 10. 1890. In whicl
you stated that you have been asko,
% sign a contract agreeing to conve,
your undivided half interest TO Ger
tain lands between the meandcr lin,
aud the waters .of Malheur lake IN
Secs : and ?. r. 26 s.. II. 80 H.. W
~, Oregon. You incloscd copy ol
the blank form OF contract and re-
epested to be advised as To- what
aurse you should pursue. You cur
Tier stated that you have two claim.
On riparian land In Sec. I r.. 26. %.
RS2 E- See. "a. =. 20 s.. Il. 82f.
p. and Sec. o. r. 90 s.. r 82is D..
ldioning your homestead
Il H SEQ forth In the blank form o'
soniract that the waters OF Malbeur
Ake have receded. laying bare a con.
Siderable acreage OF land below tho
Government moander line and that
0rtain persons are cndaayorlng 10
create a wild game preserve to IN
tiudo said uncovered land. IL Is pro-
posed that the second party 10 tho
contract shah employ certain attor-
hen with the Wow 20 instltuting
|lour' proceedings to guiet Tile in
llhe riparian claimants to the lands in
leuestlon FOR the consideration at thn
togcyanco OF an undivided halr in
ierest by the Riparian claimants OF
rhe lands that they arc entitled To
,lalm. aud OF certain cash payments.
The surveyed lands abutting on
The north side OF. halheur Lake In r.
N s.. u. 80 r.. are shown upon a
Plat approved December 81, 1896
and according TO the records OF this
sfiee lots !. 2 and 3. Sec. /. and lots
J, 2, g. Z. s and .. Sec. 2, were en-
'sred by you as q homestead Septem-
'er 20. 1900. and patented TO you
March 8. 1906. Certain OF the lots
aiented TO you are shown upon the
plat as abutting upon the waters OF
The lake.
There does not appear TO be any
case pending before this Office lnyoly-
hs the question Of title to any un-
surveyed lands. II there De any. be-
'|oen tne meandCr line and the wat
efs or Malheur Lake, aud. II. there
lore there are unsuryeyed lands be-
low the meander line. am not la
possession Of any facts showing tho
'ause for their being there. In view
Oh lack Of authentic Information per-
"inlng To tho matter. I can merely
ADVISE you as TO the general princi-
'les Of law governing questions OF
This nature.
The original plats OF the Land
department. are. In the absence of
'onsiusiye evidence TO the contrary.
presumed to be correct. and where
''er areas are meandered and shown
upon those plats as bodies OF water.
u is 10 be presumed that they were
correctly meanderod when the sur
'eys were made.
IN cases where the Government
las parted title to the lands border
ng on the meander lines OF lakes Il
'eains no further Jurisdiction over
ne lake areas, irrespective OF wheth-
" said lakes are navigable or nom
'aVigable. In such cases the ques-
ohiP VI thc iuht Dtu IN
'epeneent upon the laws of the State
'ithin which II Is situated.
The law that prevails In the State
n Oregon with reference to the
OF the beds under naviga-
lie and nonnavigable waters Is set
orth In the case of Micelli ct al v.
'ndrus 120 Pac. 737 81 Ore. 78).
ne opinion In that case is to the eff
'ct that the title of an abutting own
merely extends 10 the line of ordi-
airy high water mark of a nayigable
ody OF water, but that IL embraces
10 bed OF q nonnavlgable body OF
aler' However. IL does not matter
neither the title OF the abutting
"ner embraces the lake bed or is
mited to the ordinary high water
ark, for in any event he is entitled
all land between the original
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