OCR Text |
Show 275 , 287 ( 14 L . Ed . 196 936 ) : ( 'Its Its ) weight of reason must depend on what it contains . ' ( Moriarty Moiiarty ) v . ( City Citqj ) of ( Neio New ) York , 132 App . Div . 10 , 116 N . Y . Supp . 323 ; Yoders V . ( Toivnship Township ) , 172 Pa . St . 447 , 33 At . 1019 , 51 Am . St . Rep . 750 . We must accept the facts recited in the opinion in the Lawson ( Case-they Casethey ) were accepted by the Supreme Court , 207 U . S . 1 , 28 Sup . Ct . 15P 52 L . Ed . 65 , as the premise from which the conclusion there reached was drawn . " In his opening statement the able counsel for ( Complain Complain- Complain ) ant briefly mentioned the case of Oklahoma V . Texas , 258 U . S . 574 , but the only decision from which he quoted was Harrison V . Fite , 148 Fed . 781 . From the beginning it has appeared that ( Complainant's Complainants ) case is built around certain general language employed by Judge Hook in that case . We shall therefore begin with that case and endeavor to analyze its real ( meaning1 meaning ) In Harrison et al , V . Fite , et aL , 148 Fed . 781 , ( Com Com- Com ) plainants as officers and trustees of a voluntary association known as the ( "Big Big ) Lake Shooting Club , " asked for an ( in- in ) junction restraining defendants , most of whom were averred to be market hunters and fishermen , from trespassing upon what ( was Nvas ) alleged to be the property of the Club . It was admitted that complainants as trustees for their Club held title to the riparian lands abutting on the meander line of what was known as ( "Big Big ) Lake . " Their deeds also ( pur- pur ) ported to convey to them as accretions the lands lying within the lines to the thread of Little River . Defendants claimed that Big Lake was a part of Little River and contained various navigable channels , and that Little River was a navigable stream . In the very first paragraph of the ( opin opin- opin ) ¬ ion , as a premise of the decision that follows , Judge Hook announces ( page 783 ) that whether waters are navigable or unnavigable ( "the the ) question whether the title to the soil under the waters passes to the grantee of the shore land is ( de- de ) termined by the law of the state where the land lies . " It has not been our understanding that Complainant desires to have the foregoing statement of the ( law laiv ) applied in the case at bar . In the second paragraph of the opinion he states that in Arkansas , where Big Lake was located , ( "a a ) riparian owner takes all accretions , whether the water course be navigable |