First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may be necessary... Congressional Serial Set - Page 3041912Full view - About this book
| 1906 - 1052 pages
...Congress, a state cannot by its legislation destroy the right of the United States, as the owner of lauds bordering on a stream, to the continued flow of its...navigable streams within the limits of the United States." These rules are distinctly recognized and approved in the subsequent case of Gutierres y. Albuquerque... | |
| 1915 - 880 pages
...its waters, so far at least as may be necessary for the beneficial uses of government property. " 2. That it is limited by the superior power of the general...navigable streams within the limits of the United States. "... So far as those rules [reference here is to the rules of the priority system] have only a local... | |
| 1904 - 868 pages
...necessary nr the lieneficial uses of the government property; second, that it is limited by the uperior power of the General Government to secure the uninterrupted...navigable streams within the limits of the United States. In other words, the jurisdiction of the General Government over interstate commerce and its natural... | |
| Emlin McClain - 1900 - 1126 pages
...must be recognized: First, that, in the absence of specific authority from Congress, a State cannot, by its legislation, destroy the right of the United...navigable streams within the limits of the United States. In other words, the jurisdiction of the general government over interstate commerce and its natural... | |
| United States. Congress. House. Committee on Foreign Affairs - 1901 - 298 pages
...Second. that it is limited by the superior power of the General Government to secure the un'nterrupted navigability of all navigable streams within the limits of the United States. The Supreme Court has therefore clearly denned all constitutional limitations to the use of nonnavigable... | |
| Commonwealth Club of California - 1916 - 722 pages
...government property'; and the power of a state over navigable streams and their tributaries is further limited by the superior power of the general government...navigable streams within the limits of the United States." GROUP 6.—WATER RIGHTS This group is upon the same field as the previous one, but is separated therefrom... | |
| John Bassett Moore - 1906 - 1036 pages
...beneficial uses of the Government property, and (2) that the General Government possesses a paramount power to secure the uninterrupted navigability of all navigable streams within the limits of the United States. By acts of July 26, 1866, § 9, 14 Stat. 253 (Rev. Stat. § 233!)), March 3, 1877, 19 Stat. 377, and... | |
| 1907 - 526 pages
...limitations must be recognized: First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United...navigable streams within the limits of the United States. In other words, the jurisdiction of the General Government over interstate commerce and its natural... | |
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