Hearings Before the Committee ...U.S. Government Printing Office, 1908 - Rainy River (Minn. and Ont.) |
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American side approved authority Backus BEDE bill build Canadian side canal charge Chief of Engineers Colorado common law compensation Congress connection Constitution construction contract court says dam across Rainy DAVIS Department easement Edward Wellington Backus ESCH exercise extend fact Federal Government flow Foreign Commerce Fort Frances grant HUBBARD improve navigation interest interfere with navigation international boundary International Falls Interstate and Foreign irrigation jurisdiction Koochiching Company legislation limit lock MACKENZIE matter ment Minnesota navigable rivers navigable streams navigable waters necessary obstruction to navigation Ontario patent plans Power Company President proposition Province of Ontario public lands purchasers purposes question railroad Rainy Lake Rainy River Improvement reference RICHARDSON right of navigation riparian owner riparian rights River Improvement Company ROCKWOOD Secretary GARFIELD Secretary of War Senator shore soil statute STEVENS Supreme Court TELLER thereof tion United War Department water power waterways
Popular passages
Page 51 - By the preceding course of reasoning we have arrived at these general conclusions.: First, the shores of navigable waters, and the soils under them, were not granted by the Constitution to the United States, but were reserved to the States respectively.
Page 80 - ... without diminution or alteration. No proprietor has a right to use the water, to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct while it passes along. Aqua currit et debet currere ut currere solebat is the language of the law.
Page 70 - The constitution unavoidably deals in general language. It did not suit the purposes of the people, in framing this great charter of our liberties, to provide for minute specifications of its powers, or to declare the means by which those powers should be carried into execution.
Page 55 - The shores of navigable waters, and the soils under them, were not granted by the Constitution to the United States, but were reserved to the states respectively. Secondly, The new states have the same rights, sovereignty, and jurisdiction over this subject as the original states.
Page 26 - The power to regulate commerce comprehends the control, for that purpose and to the extent necessary, of all the navigable waters of the United States which are accessible from a State other than those in which they lie. For this purpose they are the public property of the nation and subject to all the requisite legislation by Congress.
Page 34 - Act; and shall have full jurisdiction to hear and determine all matters whether of law or of fact, and shall, as respects the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders, the entry on and inspection of property, and other matters necessary or proper for the due exercise of its jurisdiction under this Act, or otherwise for carrying this Act into effect, have all such powers, rights and privileges as are vested in a Superior Court.
Page 55 - When the Revolution took place the people of each State became themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use, subject only to the rights since surrendered by the Constitution to the general government.
Page 71 - Thou shalt also consider in thine heart, that, as a man chasteneth his son, so the Lord thy God chasteneth thee. Therefore thou shalt keep the commandments of the Lord thy God, to walk in his ways, and to fear him. For the Lord thy God bringeth thee into a good land, a land of brooks of water, of fountains and depths that spring out of valleys and hills...
Page 126 - All navigable waters are under the control of the United States for the purpose of regulating and improving navigation, and although the title to the shore and submerged soil is in the various States and individual owners under them, it is always subject to the servitude in respect of navigation created in favor of the Federal Government by the Constitution.
Page 121 - Act, and any persons who shall be guilty of a violation of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished in any court of competent jurisdiction by a fine not exceeding five thousand dollars, and every month such...