Page:Federal Reporter, 1st Series, Volume 10.djvu/352

340 FEDERAL REPORTER. �water ia extended over great width, bars and islands are formed, shifting constantly as freshets and low water occur. Thus Arsenal island, under the changing currents, bas shifted downward during the last 50 years for two or three miles. As the head of the island is waehed away the foot of the island is enlarged. So this island has been gradually traveling southward, until an effort is now being made under United States authority to give it permanence, for the benefit of both those on the Illinois and the Missouri shores. �At the time of the grievances complained of, many structures had been contrived on both shores, some under local and some under United States authority, the design of which was to control the cur- rent in such a way as to benefit the harbor of St. Louis on the one sida, and be of equal advantage to the Illinois shore and its proprietors on the other side. The efifect of these dikes on the Illinois side has been to add, by accretions, untold wealth to riparian owners there, although their previously preoarious shore lines or landings disappeared. In the matter of dollars they have been enriched, and could not show that any damages were recoverable by what, lawIully done, had been of vast moneyed benefit to them. �In the case before the court it was proved that prior to the con- struction of the Brj'an dike there was a constant erosion of plaintiffs' land from natural causes, more or leas of the carrent passing along the bend of the river east of the island. Witnesses testified that the effect of the dike was to deflect from the Missouri side of the island to the Illinois side an increased volume of water, whereby the abrasion would be accelerated. On the other hand, those daily engaged in the navigation of the river swore as matters of fact that no such resuit occurred. It must be borne in mind that the Bryan dike was on the Missouri shore below the head of the island, and that the current of the river hugged the Missouri shore around the head of the dike, necessarily scouring the bed of the ohannel to give greater depth for the outflow of the water. If the dike had been above the head of the island, and had thus deflected the body of the water, or any considerable portion thereof, into the "chute" east of the island, the plaintiffs' theory would be tenable; but the dike was below the head of the island, and its natural effect would be fo wash away the west side of the island and not the shore east of the island. However that may be, it is evident that the improvements undertaken and abandoned by the defendant, at the instance of Illinois propri- etors and the United States authorities, did not damage the plaintiffs. And it is also clear that the subsequent improvements by the United ��� �