By Millikan R. A.
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Extra resources for A Re-determination of the Value of the Electron and of Related Constants (1917)(en)(6s)
If the decisions mentioned can be referred to for any purpose, semble: That the occupant of a tract of riparian land (arable or grazing) on the public domain is by such decisions presumed to have received a grant of the flowing water, to the extent of the common-law right to the use of such water as it flows through the land. And if the doctrine as to adverse claims upon the public lands as declared by these decisions be extended to lands granted to the state, it cannot affect the title or estate of grantees of the state (the water not being reserved in the grants or in the legislation authorizing the grant).
One other consideration of a general nature, applicable to this subject, it may be proper to advert to. It is obvious that these rights to the use and power of flowing water, whether it be the original right belonging to each successive proprietor to the flow of the water in its natural channel over his own land, or the same right modified by actual appropriation, may be granted away, or acquired, or may be limited, enlarged or qualified, by grant from the proprietor in whom either of them is vested, or by that exclusive, adverse and continued enjoyment which is regarded in law as evidence of a grant.
He also charged that Daniels had illegally prevented him from opening the gates on the lower dam, as was customary. In the jury trial, Cary won on both counts. The case then moved to the Supreme Judicial Court of Massachusetts. Chief Justice Lemuel Shaw recognized that the case brought to the fore new issues that were just emerging at the time. Water law in the East was based on reasonable use doctrine, which provided all users of a waterway an equal right to use the water. This doctrine was not easily applicable in this case as industrialization had changed the nature of water use.
A Re-determination of the Value of the Electron and of Related Constants (1917)(en)(6s) by Millikan R. A.