McGowan

(after stating the facts as above). There, are three questions relating to the jurisdiction of the lower court involved in this case:

First. Is Sand Island, with its south shore or tide lands on that shore, within the territorial limits and jurisdiction of the state of Washington ?

If this question is answered in the negative, the next question is:

Second. Is the land under the waters of the Columbia river passing to the south of Sand Island within the concurrent jurisdiction of the courts of the state of Washington with respect to this controversy?

If this question is answered in the negative, the final question is:

Third. Had the lower court equitable jurisdiction by reason of having acquired jurisdiction of the person of the defendants ?

.Tf any one of these questions is answered in the affirmative, the jurisdiction of the lower court must be sustained. If they are all answered in the negative, the jurisdiction of the court fails.

[1] 1. The boundary between the states of Oregon and Washington was established by Congress in the act providing for the admission of Oregon into the Union, approved February 14, 1859 ( 11 Stat. 383 , c. 33), and by the act providing for the…