American Fisheries Society, 33 



shores of the ocean, a marine league from the shore. In these 

 waters the state may reguhite fisheries. 



5. Tlie ownership of tlie soil, luider low water mark, in the 

 lakes of the states, and the public right of fishing in them is dis- 

 encumbered of any question of riparian rights. In Wisconsin, 

 two decisions have recently been made Avhich are of interest in 

 this connection. In the case of the JSTepee-jSTauk Club v. Wilson, 

 96 AVis. 291, a small stream of water had expanded out into a 

 pond from 35 to 65 rods in width and 3 miles long. It was 

 known as Mud Lake, and there was little or no current during 

 the greater portion of the year. The rushes and wild rice grew in 

 the summer time luxurantly, and the surface was interspersed 

 witli mud and bog, leaving open some small spaces of clear 

 water. In ordinary stages it was navigable only for canoes and 

 small boats. It had been meandered as a lake in the original sur- 

 veys. The Club acquired the riparian rights and sought to hold 

 the exclusive right of fishing and duck shooting on the waters. 

 The Court held against them, declaring that it was not a stream, 

 but a "lake," and that their right to the soil terminated at low 

 water mark. The public could fish and fowl there in open sea- 

 son, to the disgust of the members of the Club. 



The other case, is that of the Mendota Club v. Anderson, 101 

 Wis. 479. The facts were that a dam had been put in at the out- 

 let of Lake Mendota in 1850. This caused the waters to rise 

 some feet and flowed lands not flowed or but partially flowed 

 before the dam was built. Since the dam was built the lands 

 <3laimed by the Club as its own private preserve were constantly 

 flowed and navigable to snuill boats, sail boats, etc., and outside 

 of the original meander line. In 1874, the title under which the 

 Club claimed was obtained by a tax deed for the fractional lots 

 to that portion of the shore. In as much, as if the dam had never 

 been raised the riparian owners could have claimed much land 

 that was covered by tlie flowage caused by the dam, the members 

 thought their title to that part of the lake was exclusive, but the 

 Court shattered their dreams of exclusive occupation of fine fish- 

 ing and ducking grounds l)y holding the lake to be public waters, 

 iis far as it extended by the raise of the dam at least as against 

 the title derived twenty-four years after the dam was built. 



