4? OCTOBER 'rEI?,M, 1907. ? f? Psrttm. ?0? U. & ?d ? on t? 8s?t ?. ?, ? ? ? ? ?, ?,? nor?of?o?em? ??? ?t the s? ? a ?. 15? F?. ?p. ? ?. ? f? ? s? ? ?e op?on. Foz, s? ?t ? ?e At?mey ?ne?, for ?e U? ? The brie?, on beh? of the United States, of over 280 p?ee, presented the c?e in the followin? m?nner a? appears by the index of the brief: 8tatmne?t of the case; manner ?n wkioh the quedone are raked; tim ques- tone involved; specifications of errors. A?unent, I. The law of the waters; A. Loc? of the islands; B. The ?m. tus of tl?e waters established by treaties; (1) The treaties of peace (Paris); (2) The treaty of Ghent; (a) Boundary established under Article VI; (b] Bound- sty established under Article VII; (3) The Treaty of Washington (Wel?ter- Ashburton treaty); (4) Other treaty provisions; 0. The status of the waters established by the law of nations; D. The law of riparian ?nd l?ttoral owner- ship; (1) Public and pr?vat? waters; (2) The (?reat ?'?,1?,; (3) The connecting waters between the Great ??,1? (4) Legislative recognition by the State of Michi?o--? of the public charaoter of the connecting waters between the Great Lakes; (5) ?icMgau e?es dist'mguished; (6) 8rate deei?ons--how far con- trolling; (7) The distinction betwe?x inland waters of a State ?nd iuterna- riohal water?; (8) Tl?e question a poIRicabone; E. Former construction by the Oover?m?t. II. Title to Islands I and 2 in the United States. III. The island? and ?ijaee?t shore land reserved for public uses; A. H? torlcal statement and authorities; B. Effeot of order of D?cember 9, 1852, releasing portion of lands previously reserved; (1) The reservation of 1822; (2) The general temporary reservation of April 3, 1847; (3) The specific ? vation of September 2, 1847; (4) The specific and final reeer?tion under the act of 1850; (5) The Indian reserve of an easement; (?. Further contempora- neous ?onstruetion. IV. Land in Chandler patent never surveyed. V. ?id lsnd not subject to location with Porte, eld scrip; A. Lack of legal survey; B. No price established for said land; 0. Said hm? otherwise appropriated at the time of such location; (1) Effect of t?e military reserva- tion; (2) The land within the limit? of an incorporated town. VI. The tnte? of the United States in this suit; A. International obliga- tions of the United States; B. The locus needed for works in aid of commerce; C. Refusal by Ci?ult Oourt to consider the valldlty of appellee's alle?cl title to ?djaee?t shorn; D. Employm?t of ? ooun?
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