HYDROLOGi OF NEW YORK 



533 



Again, later on. in 1S23, the State acquired by purchase all the 

 rights in the Hudson and Mohawk rivers which these two com- 

 panies were possessed of, which purchase has been taken as recon- 

 firming the State's absolute title to the beds and waters of these 

 two streams. 



The following are some of the more important cases bearing 

 upon the ownership of the Hudson river which have been passed 

 upon by the courts of last resort in this State. 



The first important case is that of the Canal Appraisers vs. The 

 People on the relation of George Tibbetts, determined in the 

 Court of Errors in 1836. In this case it was held that if in the 

 improvement of a navigable river the waters of a tributary stream 

 are so much raised as to destroy a valuable mill site situate 

 thereon, and if the tributary stream on which said mill site is 

 situate be generally navigable, although not so at the particular 

 locality of the mill site, the owner is not entitled to damages 

 within the provisions of the canal laws, directing compensation to 

 be made for private property taken for public use. 



In this case Tibbetts claimed damage for the destruction of a 

 waterpower situate in the middle sprout of the Mohawk river by 

 the erection of the Troy dam. The case was first tried in the 

 Supreme Court in 1S2G. when the relator obtained a rule that the 

 Canal Appraisers should show cause why a mandamus should not 

 be issued commanding them to assess the damage. The Canal 

 Appraisers had refused to allow damages, assigning as a reason 

 that Tibbetts had no legal claim to the land under the water of 

 the middle sprout because it belonged to the people of the State. 

 After various proceedings, which need no! be specially referred 

 to here, the Court of Errors held as in the foregoing, thereby con- 

 firming the position of the Canal Appraisers. 1 



In the case of The People vs. Tibbetts. decided by the Court of 

 Appeals in 1859. it was held that the State in its sovereign char- 

 acter owns the beds of navigable streams to high-water mark, 

 and that the right of a riparian owner is subservient to the power 

 in the State to abridge or destroy it at pleasure, although the 

 riparian owner may undoubtedly use the water passing his land 

 so long as he does not impede the navigation, in the absence of 



iThe Canal Appraisers vs. The People, 17 Wendell, 576. 



