Coal Distribution and Utilization Act: Hearing Before the Committee on Energy and Natural Resources, United States Senate, One Hundred First Congress, First Session on S. 318 ... April 20, 1989, Volume 4

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U.S. Government Printing Office, 1989 - Coal - 377 pages

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Page 353 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 335 - ... region where such artificial use of the water was an absolute necessity, are rights which the Government had by its conduct recognized and encouraged and was bound to protect before the passage of the act of 1866.
Page 52 - American Train Dispatchers Association Brotherhood of Locomotive Engineers Brotherhood of Maintenance of Way Employes Brotherhood of Railroad Signalmen Brotherhood Railway Carmen of the United States and Canada Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes Hotel & Restaurant Employees and Bartenders...
Page 334 - For it must be borne in mind that Congress not only has a legislative power over the public domain, but it also exercises the powers of the proprietor therein. Congress ' may deal with such lands precisely as a private individual may deal with his farming property. It may sell or withhold them from sale.
Page 362 - The act of 1789 contains a clear and authoritative declaration by the first congress, that the nature of this subject is such that until congress should find it necessary to exert its power, it should be left to the legislation of the States; that it is local and not national; that it is likely to be...
Page 314 - Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that...
Page 315 - Evid. 403 analysis, the court will consider whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice to the defendants.
Page 365 - In developing these projects the United States is expending federal funds and acquiring federal property for a valid public and national purpose, the promotion of agriculture. This power flows not only from the General Welfare Clause of Art. I, § 8, of the Constitution, but also from Art. IV, § 3, relating to the management and disposal of federal property.
Page 358 - ... without compensation is entirely within the Government's discretion." And again, "If the Government were now to build the dam, it would have to pay the fair value, judicially determined, for the fast land; nothing for the water power.
Page 352 - And he who first connects his own labor with property thus situated and open to general exploration, does, in natural justice, acquire a better right to its use and enjoyment than others who have not given such labor.

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