Horace Gray

“ The more serious question whether the grant of congress to the Northern Pacific Railroad Company of the right to construct a railroad to the waters of Puget sound can be construed as authorizing the corporation to lay out its railroad for two miles, below high-water mark, along the shore of a harbor, so as practically to monopolize the use of the waters of the harbor and of the lands under them, cannot properly be decided in this suit, and we express no opinion upon it. ”

“ There can be no doubt that a state may, by its legislature, or through a board of harbor commissioners, establish, for the protection and benefit of commerce and navigation, harbor lines in navigable waters, not inconsistent with any legislation of congress, limiting the building of wharves and other structures upon lands not already built upon. ”

“ Such harbor lines, in order to fulfill their purpose, must be established according to a general system, having in view, not only the convenience of approach to the water from the shore, but the effect of the daily ebb and flow of the tide in keeping clear or filling up the harbor. The establishment of general harbor lines, of itself, takes or injures no one's property, and cannot, consistently with the interests of the public or with the principles of equity, be restrained by injunction. ”