William O. Douglas

“ If Louisiana could not confiscate the timber, then the United States certainly may not. For the United States has succeeded to such ownership as Louisiana has.
Concededly this land between low- and high-water mark-the batture-may be used as the State chooses for the construction and maintenance of levees without compensation to anyone. But we have it on excellent authority that, under Louisiana law, private property on the batture may not be confiscated without reasonable opportunity of the owner to salvage it. ”

“ Meeker, 45 La.Ann. 421, 426, 12 So. 490, 492:
'It is undoubtedly the duty of the public officers charged by the state with the execution of its police power, to make no greater sacrifice of private rights than the public welfare demands. ”

“ I cannot read the Louisiana decisions without feeling that Judge Dawkins was right on the law. [3] The servitude governing batture is dominant but not absolute. Private property must give way before it-but only to extent that the public welfare demands. ”