Excerpt from In the Supreme Court of the State of California: In Bank; Charles Lux Et Al; Vs; James B. Haggins Et Al;; Opinion Filed April 26, 1886
The decision of the Supreme Court in Lux v. Haggin, although filed four months ago, has never been printed in such form as to secure its being read by members of the Bar even. Very few persons have read the opinion, and there is a general misunderstanding as to just what views the Supreme Court expressed, in that case, on the important question of riparian rights.
The Governor of the State, in a public proclamation, has misstated what was decided by the Court in that case, and we can hardly expect that persons less interested in the question will do other than accept his statement as made after a careful reading of the opinion to and a full understanding of its purport, and as giving a correct exposition of the views expressed by the Supreme Court.
To every attorney at least, who has read the lengthy opinion in Lux v. Haggin, it will be apparent that Governor Stoneman either did not carefully consider the statements contained in the proclamation calling the special session of the Legislature, or that he had not read the opinion in that case.
As the opinion will not appear in a regular report for some months at least, we have had it printed in such form that it may be read by any one who is interested in the important questions considered and decided in the case.
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