Public domain Material in the public domain. No restrictions on use.
While the photo is marked "Bathers at McFadden's Landing," the studio ledger correctly identifies the spot as near the Newport Wharf, built by the McFadden brothers in 1888-89. McFadden's Landing was located inside Newport Bay.
http://ark.cdlib.org/ark:/13030/c8697290 CFLS_038 glass negative 706, binder number 50