after making the foregoing state-, ment, delivered the opinion of the court.
. The decision qf the Supreme Court of the State was that the owner of lands bordering on a river owns to the center of the channel, and takes title to any small bodies of land on his side of the channel that have not been surveyed or sold by the Government. It is the settled rule that the question of the
*512
title of a riparian owner is one of local law. In
Hardin
v.
Jordan,
"In our judgment the grants of the Government for lands bounded on streams and other waters, without any reservation or restriction of terms, are to be construed as to their effect according to the law of the State in which the lands lie.”
See also
Shively
v.
Bowlby, 152
U. S.
1, 45; Lowndes
v.
Huntington,
If there were no island in this case it would not, under these authorities, be questioned that the title of the riparian owners extended to the center of the channel. How far does the fact that there is this unsurveyed island in the river abridge the scope of the rule? In seeking an answer to this question these facts must be borne in mind: The official surveys made by the Government are not open to collateral attack in an action at law between private parties.
Stoneroad
v.
Stoneroad, 1
*514 “We have no doubt upon the evidence that the circumstances were such at the time of the survey as naturally induced the surveyor to decline to survey this particular spot as an island. There is nothing to indicate mistake or fraud, and the Government has never taken any steps predicated on such a theory; and did not survey the so called Island No. 5 until twenty-five years after the survey of 1831, and nearly twenty years after that of 1837.”
These considerations furnish a sufficient answer to the question and sustain the decision of the Supreme Court of Nebraska.
It is further contended that the land of one of these patentee’s is itself part of an island, and that therefore he has no riparian rights. It is sufficient reply to this contention that the Government surveyed and patented the lands up to the banks of the channel in which the island in controversy is situated, and a patentee, although his land may be itself surrounded by two channels of the river, has all .the rights of a riparian owner in the channel lying opposite his banks.
Nothing herein stated conflicts with
Horne
v.
Smith, supra; Niles
v.
Cedar Point Club,
It is suggested in one of the briefs that this island extends up or down the river beyond the side lines of the tracts belonging to these riparian proprietors. A plat which is in evidence seems to support this statement, but the finding of the trial court, which, is not disturbed by the Supreme Court, is to the effect that it lies_between the tracts of the riparian proprietors. Of course, their title is only to the land which is in front of their banks and not beyond the side lines in either direction.
It must also be noticed that the Government is not a party to this litigation, and. nothing we have said is- to be construed as a determination of the power of the Government to order a survey of this island or of the rights which would result in case it did make such survey. As we reserve the rights of the United States we do not even impliedly sanction the intimation contained in the opinion of the court below that under the decision in
Hardin
v.
Jordan,
Our conclusion, therefore, is that by the law of Nebraska, as interpreted by its highest court, the riparian proprietors are *516 the owners of the bed of a stream to the center of the channel; that the Government, as original proprietor, has the right to survey and sell any lands, including islands in a river or other body of water; that if it omits to survey an island in a stream and refuses, when its attention is called to the matter, to make any survey thereof, no citizen can overrule the action of the Department, assume that the island ought to have been surveyed, and proceed to occupy it for the purposes of homestead or preemption entry. In such a case the rights of riparian proprietors are to be preferred to the claims of the settler.
We see no error in the judgment of the Supreme Court of Nebraska, and it is
Affirmed.
