US SUPREME COURT DECISIONS

The second section of the Act of the General Assembly of Iowa entitled "An Act in relation to riparian owners on the Mississippi and Missouri Rivers," approved March 18, 1874, is not in conflict with any statute of the United States. Where, therefore, the owner of lands on the Mississippi had made an embankment in front of them, and at its outer end beyond low water mark erected, without the direction or consent of the Secretary of War, a stone pier or crib, this Court affirms the judgment of the supreme court of that state declaring that under that section, a railway company cannot construct its road over the embankment between high and low water mark unless the damages to such owner shall first be ascertained and paid.

Motion to dismiss a writ of error to the Supreme Court of the State of Iowa, coupled with a motion under Rule 6 to affirm the judgment.

This was a proceeding, under the statute of Iowa, by the Davenport and Northwestern Railway Company for the assessment of damages sustained by its appropriating lands for the chanrobles.com-redchanrobles.com-red

Page 102 U. S. 181

construction of its road. Among others is a strip situate in the City of Davenport between high and low water mark on the Mississippi River. It fronts certain lots on which were erected a steam saw mill, a planing mill, and other houses. Renwick and others were in possession of the lots, and they or those under whom they claimed had made an embankment extending therefrom into the river and erected at the end of it a stone pier without having obtained the consent or direction obtained the consent or direction of the Secretary of War. A boom was thus formed for holding logs in front of and convenient to the mill. The line of the railroad passes over this embankment between high and low water mark.

The railway company was authorized by law to construct its road, and the City of Davenport gave its consent to laying the tracks within its limits.

A judgment rendered against the company by the Scott Circuit Court for the damages aforesaid was affirmed by the supreme court. This writ of error was then sued out.

Sect. 5254 of the Revised Statutes of the United States provides:

"The owners of saw mills on the Mississippi River are authorized and empowered, under the direction of the Secretary of War, to construct piers or cribs in front of their mill property on the banks of the river for the protection of their mills and rafts against damage by floods and ice, provided however that the piers or cribs so constructed do not interfere with or obstruct the navigation of the river, and in case any pier or crib constructed under authority of this section shall at any time and for any cause be found to obstruct the navigation of the river, the government expressly reserves the right to remove or direct the removal of it at the cost and expense of the owners thereof."

An Act of the General Assembly of Iowa approved March 18, 1874, Public Laws of Iowa, 1874, p. 28, is as follows:

"AN ACT in relation to Riparian Owners on the Mississippi and Missouri Rivers."

"SEC. 1. Be it enacted by the General Assembly of the State of Iowa that all owners and lessees of lands or lots situate upon the Iowa banks of the Mississippi and Missouri Rivers upon which

Page 102 U. S. 182

property there is now or may hereafter be carried on any business which is in any way connected with the navigation of said rivers or to which the said navigation is a proper or convenient adjunct, are hereby authorized to construct and maintain, in front of their said property, piers, cribs, booms, and other proper and convenient erections and devices for the use of their respective pursuits and the protection and harbor of rafts, logs, floats, and other watercrafts, provided that the same present no material or unreasonable obstruction to the navigation of the stream or to a similar use of adjoining property."

"SEC. 2. It shall not be lawful for any person or corporation to construct or operate any railroad or other obstruction between such lots or lands and either of said rivers or upon the shore or margin thereof unless the injury and damage to such owners occasioned thereby shall be first ascertained and compensated in the manner provided by chap. 4, title 10, of the Code."

The company claimed in the courts below that the title to the soil between high and low water mark being vested in the state, a riparian owner is not entitled to damages by reason of the company's obstructing his access to the Mississippi River by their railroad in front of his premises, and that Congress, in the exercise of its exclusive jurisdiction over the navigable waters of the United states, having prescribed certain conditions on which the owners of saw mills on the Mississippi River may erect piers or cribs in front of their property, the above act of the General Assembly of Iowa is void.