Weber

— This is an action to enjoin the defendant from removing earth from the channel of Mormon slough, a natural watercourse within the corporate limits of the city of Stockton. The earth referred to is sedimentary deposits brought down by the waters of the channel. The facts agreed upon show that “ for the protection from overflow and destruction of the property of and in said city, and the public streets and bridges and navigable waters of said Mormon channel, it was at all times *463 mentioned in the complaint, and now is necessary to remove, or cause to be removed, said sedimentary deposits aforesaid in said Mormon channel.” The quantity of earth deposited has been increased by the construction under the direction of the United Sl.ates government, for the purpose of protecting the navigable "waters of the San Joaquin River, Stockton channel, and that porti on of Mormon channel lying west of Center Street, of restrai ning dams across Mormon channel below the point where defendant has been excavating and east of Center Street. The effect of these dams has been to make a restraining basin of Mormon slough above the points where they were erected. The street from which the earth was…