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THE number and importance of the ‘recent decisions uponthe Law of Waters, as shown by the additions or changes upon nearly every page of this work, as well as the favor with which it has thus far been received, appear to abundantly justify a new edition after the lapse of nine years. Apart from the vast number of minor decisions now added, it is probable that no more important decisions upon questions of property have ever been made than those of Shively v. Bowlby, 152 U. S. 1, as to the power of the general government to control and dispose of tide lands in the Territories; of Morris v. United States, 174 U. S. 196, as to the Potomac Flats, and the various cases, now first collected here in a new section, in which the rights and liabilities of water companies are defined. About three thousand authorities have been added in this edition; new illustrations of the principles considered have been derived from the Canadian and colonial reports as well as from those of the United States and England, and all the'more important articles and monographic notes are cited. The original aim has been pursued of making the book a contribution to systematic jurisprudence, and in view of the local value of decisions, even upon well-settled rules, the citation of decisions has been made as
exhaustive as possible.
Bosrox, September 1, 1900. '
THE present work was begun about three years since, at
the suggestion of the publishers, with the intention of stating the law upon Riparian Rights, Mill Privileges, and rights in fresh waters only. As the authorities upon Tide Waters were found to be not fully collated elsewhere, and in view of their importance in relation to public and private rights in our large fresh-water rivers and lakes, it was deemed advisable to review also the rules applicable to that topic. The subject of navigable waters, both salt and fresh, is still encumbered by some of the refinements which prevailed before the necessities of modern commerce brought sufficient cases before the courts to clearly define the law, and is affected by ancient usages and local or general laws in certain States, while in others the real or supposed rules of the common law have been held inapplicable. The development of these topics has been traced historically from the earliest times to the present, in England and in this country; the attempt has been made to indicate the principles conducing to harmony; and the aim has been to present exhaustively and concisely all the authorities, ancient and ‘modern, which have been collected by a thorough examination of all the original reports and abridgments.
On account of the difficulty and complexity arising upon questions of substantive law, and the delay incident to a proper consideration of them, the author was led to entrust to Merritt Starr, Esq., of the Chicago bar, the preparation of that part of the work which relates to Private Remedies at common law, in equity, and under the Mill Acts of different States. To his thorough and efiicient labors are due the credit and responsibility of the entire discussion of those topics in Chapter XII. (beyond § 367), and in Chapters XIII. and XIV., subject to verbal changes in order to secure uniformity of style throughout the work, and the division into sections, which were made by the author. He is further indebted to William V. Kellen, Esq., of the Boston bar, for valuable assistance in collecting the authorities in several Southern and Western States, and in the preparation of the original draft of that part of Chapter IX. which relates to surface water, and the latter part of Chapter X.; and to Samuel H. Emery, J r., Esq., of the Boston bar, for assistance and important suggestions in the revision of proofs.
The hope is indulged, that the great labor expended in collecting from original sources the numerous authorities cited or discussed in each chapter, and in asserting and digesting them, may prove serviceable to the profession in their investigations of a topic, which, from its nature, and the many conflicting interests so frequently involved, will
doubtless continue to be as intricate as any in the law.
Bosron, October, 1888.