TIDE-WATER. Water which flows and reflows with the tide. All arms of the sea, bays, creeks, coves, or rivers, in which the tide ebbs and flows, are properly denominat ed tide-waters.
That current is running down stream is not conclusive that it was ebb tide; it might be flood tide lower down; The Bangor, 212 Fed. 706.
The term tide-water is not limited to water which is salt, but embraces, also, so much of the water of fresh rivers as is propelled backwards by the ingress and pressure of the tide; 5 Co. 107; Attorney General v. Woods, 108 Mass. 436, 11 Am. Rep. 380; which might be said to be within the ebb and flow; Pey roux v. Howard, 7 Pet. (U. S.) 324, 8 L. Ed. 700. The flowing, however, of the waters of a lake into a river do not constitute such a river a tidal or, technically, navigable river; Hooker v. Cummings, 20.Johns. (N. Y.) 98, 11 Am. Dec. 249.
bed or soil of all tide-waters belongs, in England, to the crown, and in this coun try to the state in which they lie; and the wa ters themselves are public; so that all per sons may use the same for the purpose of navigation and fishery, unless restrained by law ; 5 B. & A. 304; 1 Macq. Hou. L. 49; Shively v. Bowlby, 152 U. S. 1, 14 Sup. Ct.
548, 38 L. Ed. 331. See Bowlby v. Shively, 22 Or. 410, 30 Pac. 154. In England, the power of parliament to restrain or improve these rights is held to be absolute ; 4 B. & C. 598. In this country, such a power is sub ject to the limitations of the federal consti tution ; and while both the general and state governments may adopt measures for the im provement of navigation; Lehigh Bridge Co. v. Nay. Co., 4 Rawle (Pa.) 9, 26 Am. Dec. 111; Hollister v. Union Co., 9 Conn. 436, 25 Am. Dec. 36; and the states may grant private rights in tide-waters, provided they do not conflict with the public right of navigation; Rowe v. Bridge Corp., 21 Pick. (Mass.) 344 ; yet neither the general nor the state govern ments have the power to destroy or material ly impair the right of navigation. See BRIDGE; FISHERY; ; RIPARIAN PRO PRIETORS ; TERRITORIAL WATERS ; WHARF.
T I E. When two persons receive an equal number of votes at an election, there is said to be a tie. Neither is elected. When the votes are given on any question to be decided by a deliberative assembly, and there is a tie, the question is lost. See MAJORITY.