—invalidated an attempt by the legislature to transfer away "control of navigation" at the Long Sault rapids of the St. Lawrence River.

"The power of the legislature to grant land under navigable waters to private persons or corporations for beneficial enjoyment has been exercised too long and has been affirmed by this court too often to be open to serious question at this late day.(Lansing

Accordingly, the State's sovereign ownership includes the land under the "marginal sea" to a line three miles from the coast, the Great Lakes within the State's territorial jurisdiction, Lake Champlain and the St. Lawrence and Niagara Rivers

—noting that the state has the right to make grants for the beneficial use of the grantees, or to promote commerce, provided that:(1) it is reasonable; and (2) can be fairly said to be for the public benefit or not injurious to the public

—an act creating a corporation for the development of water power by means of a dam; invalid provision relating to the collection of tolls over a bridge

The courts of this State have frequently held that a legislative direction indicating that the use is a public one is to be given the greatest weight

—state may repeal grant in submerged lands when the public purpose is insufficient, citing Illinois Central

The majority view, however, is that the state may grant parcels of such land for public purposes or in the interest of the public.

It was required that one of the three commissioners be a resident freeholder of the City of Rochester, and the right of appeal from the decision of the common council of that city in the event that the council disapproved of the commissioners' report was withheld from the landowners. 16 12 Corwin, "The Doctrine of Due Process of Law before the Civil War," op. cit., passim.