David Josiah Brewer,
Baer v. Moran Brothers Company…
“ We do not understand that we can take judicial notice of the nature and extent of the tide lands or 'mud flats' in the vicinity of this particular tract. Even if we could, or if the area thereof was shown to be as great as is stated by counsel in the brief, it would not change the fact that the land thus alternately covered and uncovered, and between the dry upland and the navigable water, is land which may be used in facilitating approach to the navigable waters from the upland, and is strictly within the description of 'tide lands,' and covered by the rule in respect to such lands. ”
