OCR Text |
Show their Constitution they did 227 disclaim ( "all all ) right and title to the unappropriated public lands lying within the boundaries thereof , " and also Section 12 of that Act , are found in the Enabling Acts of the states of Washington , North Dakota , South Dakota and Montana . In ( Mann Allann ) ( V Y ) , Tacoma Land Co . , 153 U . S . 273 , ( vhere where ) the question of title of the State of ( Washington lVashington ) to the beds of its navigable waters was involved , the Court held that these provisions of the Enabling Act of that state in no manner constituted a waiver of the ( state's states ) title to the beds of its navigable waters . In ( OklaJioma Oklaltovia ) V . Texas , 258 U , S . 574 at 583 , the Court fully recognizes the title of Oklahoma to the beds of its navigable waters although the third section of the Oklahoma Enabling Act is identical in language with Section 3 of the Utah Enabling ( Act Axt ) . In ( Newlwll New1wil ) v . Sanger , 92 U . S . 761 , the Court said : ( "The The ) words ( 'public public ) ( lands' lands ) are habitually used in our legislation to describe such as are subject ( to -to to ) sale or other disposal under general laws . " Also see : State of ( Utaji Utah ) V . Sylvester Rolio , 262 ( Pac Pae ) . 987 . Many other cases might be cited holding that the ( dis- dis ) claimers contained in the various Enabling Acts have ( refer refer- refer ) ence only to public lands subject to sale or disposal ( "under under ) general laws , " and have no reference to beds of navigable streams . We respectfully submit that it should be adjudged and decreed that Defendant is the owner of all of those portions of the beds of the Colorado , Green and San Juan rivers here in controversy . GEORGE P . PARKER , ( Attorney Attomey ) General of the State of Utah . WALDEMAR VAN COTT , GEORGE D . ( PARKINSON" PARKINSON PARKINSON ) , WILLIAM M . HILTON , P . T . FARNSWORTH ( JE JR ) , . , Attorneys for Defendant . |