Edward Douglass White

“ In the performance of the work it may be conceded that in cutting through the emerged or small island the excavated earth was largely dumped on the surface of the island towards the Minnesota shore, and that, either because of the washing of this earth into the old channel, or the sedimentary deposit caused by the slackening of the velocity of the water flowing through it, the old channel opposite the land of the complainant became not suitable for, or more difficult of, navigation. ”

“ Fifth, because we are clearly of the opinion that the mere fact that Congress, in the exercise of its power to improve navigation, directed the construction of the new channel, affords no basis whatever for the assumption that thereby, as a matter of Federal law, rights of property, if secured by the state law, were destroyed, and new rights of property under the assumption indulged in, incompatible with that law, were bestowed by Congress. ”

“ Proceeding, the bill alleged the boundaries of the two states of Wisconsin and Minnesota, as stated in the enabling acts to which we have referred, including the line of the main channel of the St. Louis river and the center of Lake Superior at the points and as described in the statement which we have previously made. It alleged that, under the laws of Minnesota, the riparian rights extending to the center of the main navigable channel were valid as asserted by the complainant, and in practice had been recognized by the exercise of taxing and other powers. ”