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Show SOVEREIGN RIGHTS AHP RiOIATIOES IN THE CONTROL AFD USE OF AMERICAN YJATERS1 BEHEST C. CARMAN* PART I . . From the time when ancient Rome ceased to rule the world until now, Oc- cidental civilizations have independently occupied, and exclusively held, portions of the earth's surface by "Right of Empire11 rooted in discovery and first possession, or in conquest.2 Sovereignty is_ the absolute and unlimited right to govern every person and every controllable force and thing within the limits of territory held by right of empire.3 Sovereignty is the same in a democracy, a monarchy or a despotism. Only its depositories and the exertion of its power differ.4 Territorially is the lodestar of empire and sovereignty; but these rights are nevertheless exerted externally in some degree-~as on the high seas ad- mittedly held by none-and are somewhat restrained internally by the fugitive elements of nature, the chief of which is water. And since water also provides the only natural highways of travel and commerce, it has always been the most serious natural impediment to the exertion of the right of empire and sover-> algnty. Prior to the disintegration of the Roman Empire few of the waters in western Europe were of international concern; and during the dark ages the use and control of such waters rested in bargain and barter, or in force. Indeed, long after Europe had emerged into the light of international consciousness, *(0f the Los Angeles Bar-) ¦^•Meaning the inland and border waters of the United States of America. This study is divided into three parts covering, respectively, the periods from first settlement to the formation of the American Union; from the latter dat'e to tfcie end of the Civil liar reconstruction about the year 1875* and then the marvelous half century of expansion following to date. The purpose of the three install- ments will be to shovr the background upon which present sovereign rights and relations in the use of waters (particularly in the western territory) are based, before attempting to show what the existing rights are. It is thought; that it will be much easier to understand the situation by going back to the beginning and coming up to where we now are-hence discussion of the compacts and court decisions of recent years upon water rights in the arid states is reserved for Part III. (Part I ox the article is published herewith; Parts II and III will follow in succeeding issues.--Ed.) "T.Tien a nation tal::es possession of a country, it is considered as acquiring the empire or sovereignty over it at the same time with the domain."-Sir Tr&vers Twiss (quoting Vattel), The.Law of Rations Considered as Independent Political Communities, 2nd ed., 228. "The exercise of Empire as between nations is thus an incident of territ orial possession. Empire is in fact a primary territorial right, and the unpire of a nation is supreme ratione loci over every person and everything within its territory."-Twiss, The Law of rations Considered as Independent Political C om- munities, 2nd ©d», 23O. ^The term "sovereignty" is here used in its historical and commonly acce pted sense. It is not apparent that any good results from the tendency of present |
