State ex rel. Moose v. Southern Sand & Material Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The title to the bed of navigable rivers within this State is vested in the State in trust for the use of the public. 53 Ark. 314-319, 323. The jus privitum, the common-law right which the King enjoyed in the soil of the bed of navigable waters, and the jus publicum, the right vested in Parliament to use and control both the land and water, both became a part of the power vested in the Legislatures of the…
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. The title to the bed of navigable rivers within this State is vested in the State in trust for the use of the public. 53 Ark. 314-319, 323. The jus privitum, the common-law right which the King enjoyed in the soil of the bed of navigable waters, and the jus publicum, the right vested in Parliament to use and control both the land and water, both became a part of the power vested in the Legislatures of the different States of this country upon their creation; and the State, through its Legislature, has the right to dispose…
1Opinion of the CourtMcCulloch, C. J.
The General Assembly of 1913 enacted a statute entitled, “An Act to protect the beds of all navigable streams, in the State of Arkansas/’ and, after reciting that “the navigable streams of Arkansas belong to Arkansas, and the sand and gravel bars of §ame belong to Arkansas,” provides:
“Section 1. That it shall be unlawful for any railroad company, corporation or company or person of any kind whatever to take sand or gravel from any sand or gravel bar of any navigable stream in this State without first notifying the Attorney General of the same, and then by his consent, the said railroad…
2Cases cited7 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Scott v. LattigSupreme Court of the United States · 1913
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State of California v. Superior Court (Lyon)California Supreme Court · 1981
- State v. Longyear Holding Co.Supreme Court of Minnesota · 1947
- State Ex Rel. Rice v. StewartMississippi Supreme Court · 1938
- Deaderick, Mayor v. ParkerSupreme Court of Arkansas · 1947
- C. M. Johnson Sand & Gravel Co. v. QuarlesSupreme Court of Arkansas · 1916
7 more not listed; retrieve them via the Exa API.