union bridge argued decided february proceeding nature criminal information district western district pennsylvania union bridge company corporation pennsylvania owning controlling bridge across allegheny river near joins monongahela river form ohio river allegheny river navigable waterway source new york navigable new york pennsylvania stating matter generally secretary war found bridge unreasonable obstruction free navigation allegheny river required bridge company make certain changes alterations order navigation rendered reasonably free easy unobstructed alterations charged company wilfully failed refused make hence present information verdict guilty followed motion arrest judgment motion overruled company sentenced pay fine review order writ error prosecuted information based river harbor act march provides whenever secretary war shall good reason believe railroad bridge constructed may hereafter constructed navigable water ways unreasonable obstruction free navigation waters account insufficient height width span otherwise difficulty passing draw opening draw span bridge rafts steamboats water craft shall duty said secretary first giving parties reasonable opportunity heard give notice persons corporations owning controlling bridge alter render navigation reasonably free easy unobstructed giving notice shall specify changes recommended chief engineers required made shall prescribe case reasonable time make end time alteration made secretary war shall forthwith notify district attorney district bridge situated end criminal proceedings hereinafter mentioned may taken persons corporation association owning controlling railroad bridge shall receiving notice effect hereinbefore required secretary war within time prescribed wilfully fail refuse remove comply lawful order secretary war premises persons corporation association shall deemed guilty misdemeanor conviction thereof shall punished fine exceeding five thousand dollars every month persons poration association shall remain default respect removal alteration bridge shall deemed new offense subject persons corporation association offending penalties prescribed provided case arising provisions section appeal writ error may taken district courts existing circuit courts direct either defendants stat chap comp stat legislation similar general character found river harbor acts passed previous sessions congress act stat chap comp stat act april stat chap act september stat chap finally act march stat chap covers ground act present information filed appears bridge company incorporated act pennsylvania legislature approved march authority construct bridge allegheny river city allegheny act contains proviso erection said bridge shall obstruct navigation said river endanger passage rafts steamboats water crafts piers shall placed interfere towboats proceeding tows made shall constructed manner meet requisitions law regard obstructions navigation bridge constructed use since petition sent secretary war persons corporations companies pittsburg contained among things statements doubt whatever bridge unreasonable obstruction free navigation ohio monongahela allegheny rivers account insufficient height filling river rivers passes order provide approaches respectfully request investigate matter full confidence making investigation find duty take action owners union bridge company provisions river harbor act approved march built low height water cause almost complete obstruction packet trade passing allegheny river ohio monongahela rivers rivers allegheny building width river materially narrowed already stated fills made approaches river commerce pittsburg aware great magnitude importance rapidly increasing volume last calendar year amounted tons equal harbor new york extension manufacturing industries pittsburg allegheny river making much greater importance heretofore navigation river obstructed present time peculiarly appropriate action union bridge old wooden structure soon fact already repairs make safe public use therefore bridge question deprives community reasonable use allegheny river connection river business great harbor appeal exercise powers committed abate least mitigate great public nuisance shall find justified law facts case matter referred secretary war proper officers engineer corps army examination report examination upon notice bridge company date december capt sibert cap tain engineers conducted examination reported recommended chief gineers company given notice make certain alterations bridge december chief engineers transmitted report secretary war saying required law instructions war department public hearing held due advertisement interested parties afforded opportunity present views attention respectfully invited accompanying report subject dated instant captain sibert accompanying papers report captain sibert fully discusses phases question shows without reference use allegheny river navigation bridge question unreasonable obstruction practically bar use portion pittsburg harbor situated river none boats engaged interstate commerce pittsburg south west reach low water single manufacuring plant wharf cities pittsburg allegheny allegheny river submits photograph show portion pittsburg harbor monongahela river crowded shipping portion allegheny none due existence union bridge also shown evidence lower portion allegheny river great importance harbor refuge ice running monongahela river obstructed union bridge reaches conclusion based facts developed hearing order give shipping pittsburg increased harbor room enable connect wharves manufacturing plants part harbor located allegheny river union bridge raised provide clear height feet exists bridge known bridge monongahela river exist wabash railroad bridge built immediately point bridge appears bridge built union bridge company incorporated authority act pennsylvania legislature march subject complaint part navigation interests practically ever since completion numerous investigations made different engineer officers held public hearings bubject concurred expressing opinion bridge unreasonable obstruction navigation raised give headroom equal least aforesaid point bridge mouth monongahela river union bridge situated mouth allegheny river seems room doubt alteration bridge essential reasonable use navigation commercial purposes portion river forming part pittsburg harbor captain sibert recommends bridge question altered give two navigable spans extending riverwards left abutment less feet clear width second span pittsburg shore give clear headroom davis island pool less feet first span shore give headroom less feet pier feet abutment also piers altered structure shall riprapping pier protection elevation feet surface davis island pool parts old structure comprised new construction conformity requirements shall wholly removed period eighteen months considered ample time within make alterations concur views recommend notice served bridge company requiring alterations made completed specified date january root secretary war issued formal notice bridge company stating good reason believe bridge unreasonable obstruction free navigation notice informed company alterations bridge recommended chief engineers necessary concluded whereas eighteen months date service notice reasonable time alter said bridge described therefore obedience virtue act congress entitled act making appropriations construction repair preservation certain public works rivers harbors purposes approved march elihu root secretary war hereby notify said union bridge company alter said bridge described prescribe said alterations shall made completed expiration eighteen months date service hereof request bridge company time fixed secretary root altering changing elevating bridge extended successor secretary taft december order latter officer time extended january subsequently rehearing asked bridge company rehearing refused secretary taft made following order union bridge unreasonable obstruction commerce allegheny river bridge winter refuge stretch allegheny river next bridge offer fleet boats usually moored monongahela great advantage navigation commerce ohio river tributaries two rivers allegheny monongahela rise different sections country ice breaks different times early spring mouth one offers desirable refuge vessels exposed danger breaking ice headwaters union bridge mouth allegheny erected time secretary war given specific control navigable streams authorized inhibit construction bridges likely obstruct navigation appears army engineer colonel merrill charge district publicly announced bridge obstruction navigation erected erected therefore face information given best authority consulted matter government facts find independently previous adjudication added finding predecessor root exactly effect upon based order bridge obstruction navigation abated matter petition rehearing root order original question ruled root ruled fortiori orders department lightly set aside treated decree equity set aside upon showing palpable error mistake petition rehearing denied order suspending operation root order revoked order put full force executed proper officers union bridge notified accordingly opinion district delivered motion arrest judgment said obstruction involved consists bridge allegheny river junction monongahela pittsburgh allegheny river rises pennsylvania flows north new york state thence back pennsylvania latter state act march smith laws enacted allegheny new york state line mouth navigable stream state new york act march likewise counties genesee allegheny allegheny principal branch ohio volume six times greater monongahela included general plan improvement national government local interstate waterways harbor pittsburg government built process construction system locks dams allegheny slackwater stream miles mouth davis island dam situate miles pittsburg ohio river raises water allegheny monongahela junction feet normal depths backs water first dams allegheny monongahela slackwater systems respectively waters form harhor pittsburg importance harbor appreciated fact tonnage water transportation passing past year exceeded suez canal period size interstate relation part really great harbor seen allegheny answers requirement navigable stream montello montello wall ed also one national government assumed jurisdiction union bridge wooden structure crosses pittsburg allegheny city first bridge allegheny fed watson johns mccleave john wendt rodgers plaintiff error assistant attorney general purdy defendant error justice harlan delivered opinion first principal question raised defendant whether section river harbor act march violation constitution delegating legislative judicial powers head executive department government question government contends determined favor principles heretofore announced need discussed presented first time judicial well legal aspects question importance justify full reference prior decisions earliest case aurora cranch ed involved question whether congress make revival law ceased force depend upon existence certain facts ascertained president set forth proclamation said see sufficient reason legislature exercise discretion reviving act march stat chap either expressly conditionally judgment direct section act declaring continue force certain time longer restrict power extending operation without limitation upon occurrence subsequent combination events referring language said subsequent case marshall field clark ed sup certainly decision competent congress make revival act depend upon proclamation president showing ascertainment fact edicts certain nations revoked modimodified violate neutral commerce principle apply case suspension act upon contingency ascertained president made known proclamation wayman southard wheat ed chief justice marshall delivering unanimous judgment said although congress delegate courts tribunals powers strictly exclusively legislative although line exactly drawn separates important subjects must entirely regulated legislature less interest general provision may made powers given act general provisions fill details yet may certainly delegate others powers legislature may rightly exercise maker law may commit something discretion departments marshall field clark cited ed sup question arose constitutionality section mckinley tariff act stat chap provided imposition named contingency determined president manifested proclamation duties upon sugar molasses specified articles act placed free list section declared view secure reciprocal trade countries producing following articles purpose first day january eighteen hundred whenever often president shall satisfied government country producing exporting sugars molasses coffee tea hides raw uncured articles imposes duties exactions upon agricultural products view free introduction sugar molasses coffee tea hides may deem reciprocally unequal unreasonable shall power shall duty suspend proclamation effect provisions act relating free introduction sugar molasses coffee tea hides production country time shall deem case suspension duties shall levied collected paid upon sugar molasses coffee tea hides product exported designated country follows namely follows act provisions indicating particular duties collected president proclamation upon sugars molasses coffee tea hides etc contended field case section far authorized president suspend proclamation provisions act relating free introduction sugar molasses coffee unconstitutional delegating legislative powers consideration question referring case aurora cited examined numerous precedents legislation showing extent suspension certain provisions going operation provisions act congress made depend entirely upon finding ascertainment president certain facts made known proclamation acts congress underwent examination noted margin result examination legislative precedents thus stated authority given president act june stat chap lay embargo ships vessels ports opinion public safety shall require regulations continued revoked shall think proper act february remit discontinue time restraints prohibitions congress prescribed respect commercial intercourse french republic shall deem expedient consistent interest revoke order whenever opinion interest shall require act december suspend named time operation nonimportation act year judgment public interest require act may stat chap revive former act great britain france either country named day revoked modified edicts violate neutral commerce acts march may declare repeal foreign nation several acts imposing duties tonnage ships vessels goods wares merchandise imported discriminating duties foreign nations far operate disadvantage abolished act march declare provisions act forbidding importation country neat cattle hides neat cattle inoperative judgment importation made without danger introduction spread contagious infectious disease among cattle regarded unwarranted constitution contention appellants respect section act october sustained touching general question said congress delegate legislative power president principle universally recognized vital integrity maintenance system government ordained constitution act october particular consideration inconsistent principle real sense invest president power legislation purpose securing reciprocal trade countries producing exporting sugar molasses coffee tea hides congress determined provisions act october permitting free introduction articles suspended country producing exporting imposed exactions duties agricultural products president deemed found reciprocally unequal unreasonable congress prescribed advance duties levied collected paid sugar molasses coffee tea hides produced exported designated country suspension lasted nothing involving expediency operation legislation left determination president words may deem section course implied president examine commercial regulations countries producing exporting sugar molasses coffee tea hides form judgment whether reciprocally equal reasonable contrary effect upon american products ascertained fact duties exactions reciprocally unequal unreasonable imposed upon agricultural products country producing exporting sugar molasses coffee tea hides became duty issue proclamation declaring suspension country congress determined occur discretion premises except respect duration suspension ordered related enforcement policy established congress suspension absolutely required president ascertained existence particular fact said ascertaining fact issuing proclamation obedience legislative exercised function making laws legislative power exercised congress declared suspension take effect upon named contingency president required simply execution act congress making law mere agent lawmaking department ascertain declare event upon expressed take effect part law left hands congress provisions full complete permitting free introduction sugars molasses coffee tea hides particular countries suspended given contingency case suspensions certain duties imposed true distinction judge ranney speaking ohio well said delegation power make law necessarily involves discretion shall conferring authority discretion execution exercised pursuance law first done latter valid objection made cincinnati clinton county ohio moers reading language statutes books alternative depending discretion person persons confided duty determining whether proper occasion exists executing said exercise discretion making law locke appeal assert law less law made depend furture event act rob legislature power act wisely public welfare whenever law passed relating state affairs yet developed things future impossible fully know proper distinction said legislature delegate power make law make law delegate power determine fact state things upon law makes intends make action depend deny stop wheels government many things upon wise useful legislation must depend known lawmaking power must therefore subject inquiry determination outside halls legislation said equally applicable objection section act invests president treatymaking power opinion section act october liable objection transfers legislative power president latest case bearing general question buttfield stranahan ed sup case involved constitutionality act congress march stat chap comp stat relating impure unwholesome tea act provided appointment secretary treasury board seven tea experts prepare submit standard samples article one section act provided secretary treasury upon recommendation said board shall fix establish uniform standards purity quality fitness consumption kinds teas imported shall procure deposit custom houses ports new york chicago san francisco ports may determine duplicate samples standards said secretary shall procure sufficient number duplicate samples standards supply importers dealers tea ports desiring cost teas merchandise described tea inferior purity quality fitness consumption standards shall deemed within prohibition section hereof case contended act unconstitutional making right import tea depend upon arbitrary action secretary treasury board appointed excluding import wholesome genuine unadulterated tea discriminating unequally admission different kinds teas import well right sell purchase article act conferred objected upon secretary board uncontrolled power fixing standards purity quality fitness consumption thus prescribe arbitrarily teas may imported dealt question constitutional law raised thus disposed claim statute commits arbitrary discretion secretary treasury determination teas may imported therefore effect vests official legislative power without merit opinion statute properly construed said circuit appeals express purpose exclude lowest grades tea whether demonstrably inferior purity unfit consumption presumably inferior quality effect fixing primary standard devolved upon secretary treasury mere executive duty effectuate legislative policy declared statute case within principle marshall field clark ed sup decided section tariff act october repugnant constitution conferring legislative power president authorized suspend provisions act relating free introduction sugar molasses coffee tea hides may say legislation case said legislation considered marshall field clark real sense invest administrative officials power legislation congress legislated subject far reasonably practicable necessities case compelled leave executive officials duty bringing result pointed statute deny power congress delegate duty effect amount declaring plenary power vested congress regulate foreign commerce efficaciously exerted seem clear admit serious doubt statute secretary war proceeded entire harmony principles announced former cases substantial sense confer upon officer head executive department powers strictly legislative judicial nature must exclusively exercised congress courts long policy government remove unreasonable obstructions free navigation water ways caused bridges maintained object common interest within competency congress power regulate commerce everyone must admit commerce comprehends navigation therefore free navigation unreasonable obstructions legitimate exertion power gibbons odgen wheat ed appropriate object accomplished means end within power national government congress execution declared policy committed secretary war duty ascertaining facts essential inquiry whether particular bridges water ways unreasonable obstructions free navigation beyond question elected congress effective mode without previous investigation executive officers determined primarily fact whether bridge question unreasonable obstruction navigation found character direct legislation required defendant make alterations bridge requisite protection navigation commerce water way question investigations congress particular bridge alleged constitute unreasonable obstruction free navigation direct legislation covering case separately impracticable view vast varied interests require national legislation time time statute question congress declared effect navigation freed unreasonable obstructions arising bridges insufficient height width span defects stopped however declaration general rule imposed upon secretary war duty ascertaining particular cases came within rule prescribed congress well duty enforcing rule cases performing duty secretary war execute congress true sense exert legislative judicial power said exercise strictly legislative judicial power instance said executive officers exercise power upon investigation ascertain whether particular applicant pension belongs class persons general rules prescribed congress entitled pensions principle defendant contends received approval conclusion avoided executive officers departments carrying congress expressed statutes enacted foundation national government exercised exercising powers mere details strictly legislative judicial nature apparent upon examination various statutes confer aothority upon executive departments respect enforcement laws indeed much say denial congress right constitution delegate power determine fact state things upon enforcement enactment depends stop wheels government bring confusion paralysis conduct public business may added consideration congress act invest secretary war power matters reasonably characterized arbitrary act reference bridge alleged unreasonable obstruction free navigation without first giving parties opportunity heard require bridge character altered even purpose rendering navigation reasonably free easy unobstructed without giving previous notice persons corporations owning controlling bridge specifying changes recommended chief engineers allowing reasonable time make end time required alterations made secretary required bring matter attention district attorney order criminal proceedings may instituted enforce act congress present case provisions statute complied parties concerned duly notified fully heard reason say secretary war entirely justified compelled evidence finding bridge question unreasonable obstruction commerce navigation conducted opinion act question unconstitutional conferring upon secretary war powers nature delegated congress next principal contention bridge company act unconstitutional makes provision offered compensate sum necessarily expended order make alterations changes required order secretary war words defendant insists requires done respect defendant bridge taking private property public use government fordidden constitution without making compensation without making provision justly compensate owner stating question another way contention effect even expressly assent construction bridge even bridge become unreasonable obstruction free navigation water way question exertion power regulate commerce among subject fundamental condition require defendant whose bridge lawfully constructed make alterations however necessary secure free navigation without paying securing compensation reasonable cost alterations propositions combated government contends alterations changes required secure navigation unreasonable obstruction taking private property public use within meaning constitution cost alterations changes deemed incidental exercise undoubted function exerting congress power regulate commerce among therefore navigation upon water ways commerce conducted seem clear issue likewise determined principles announced previous cases let us see whether fact leading case upon subject gibson ed sup et seq congress river harbor acts stat chap comp stat stat chap authorized directed improvement ohio river made appropriations effect object authority secretary war engineer corps army dike constructed river purpose concentrating main channel river near neville island dike began certain point island construction substantially destroyed landing front farm owned gibson island preventing year free egress ingress farm main navigable channel river time construction dike farm high state cultivation well improved dwelling house barn outbuildings frontage thousand feet main navigable channel owner landing used shipping products supplies farm one products supplies shipped construction dike farm reason use put worth per acre obstruction caused dike reduced value per acre resulting damages owner excess suit brought claims recover damages found conclusion law owner entitled recover chief justice delivering unanimous judgment said navigable waters trol purpose regulating improving navigation although title shore submerged soil various individual owners always subject servitude respect navigation created favor federal government constitution south carolina georgia ed shively bowlby ed sup eldridge trezevant ed sup rep referring several adjudged cases proceeded amendment constitution provides private property shall taken public use without compensation however damage gibson complained result taking part property whether upland submerged direct invasion thereof incidental consequence lawful proper exercise governmental power applicable principle expounded northern transp chicago ed case plaintiff owner land situated intersection la salle street chicago chicago river upon valuable dock warehouse accommodations numerous line steamers accustomed land dock interrupted use thereof building tunnel chicago river authority state legislature accomplishing work necessary tear la salle street precluded plaintiff access property considerable time also build coffer dam chicago river excluded vessels access docks injury held damnum absque injuria said speaking justice strong acts done proper exercise governmental powers directly encroaching upon private property though consequences may impair use universally held taking within meaning constitutional provision entitle owner property compensation state agents give right action supported immense weight authority moreover riparian ownership subject obligation suffer consequences improvement navigation exercise dominant right government regard legislative authority works consisted simply appropriation construction assertion right belonging government riparian property subject right appropriate private property burdened servitude public purposes short damage resulting prosecution improvement navigable highway public good result taking appellant property merely incidental exercise servitude property always subject gibson case referred approval scranton wheeler ed sup latter case involved question whether owner land mary river michigan entitled constitution compensated injury damage done riparian owner certain work done river authority controlling question whether prohibition constitution taking private property public use without compensation application case owner land bordering public navigable river whose access land navigability permanently lost reason construction pier resting submerged lands front upland pier erected purpose improving navigation river observing done amounts within meaning constitution taking private property public use congress may exercise power regulate commerce override provision compensation private property taken entered upon review adjudged cases among things said cases concur holding power congress regulate commerce therefore navigation paramount unrestricted except limitations upon authority constitution course every part constitution binding upon congress upon people guaranties prescribed security private property must respected whether navigation upon waters congress may exert authority requires improvement improvement particular way matters wholly within discretion judiciary without power control defeat congress long branch government transcend limits established law land broad power congress invested burdened condition riparian owner whose land borders upon navigable water shall compensated right access navigability whenever right ceases value solely consequence improvement navigation means piers resting upon submerged lands away shore line think primary use said waters lands purposes navigation erection piers improve navigation public entirely consistent use infringes right riparian owner whatever nature interest riparian owner submerged lands front upland bordering public navigable water title full complete title fast land direct connection navigation water qualified title bare technical title absolute disposal upland held times subordinate use submerged lands waters flowing may consistent demanded public right navigation lorman benson michigan speaking justice campbell declared right navigation one others subservient contention compensation must made loss plaintiff access upland navigability incidentally resulting occupancy submerged lands even construction maintenance pier resting upon necessary valuable proper improvement navigation assent view riparian owner enjoy access navigability improvement navigation construction away shore line works public navigable river water right access ceases alone reason value within meaning constitution taking private property public use consequential injury right must enjoyed said yates milwaukee wall ed due subjection rights public injury resulting incidentally exercise governmental power benefit general public duty arises make secure compensation riparian owner riparian owner acquired right access navigability subject contingency right might become valueless consequence erection competent authority structures submerged lands front property purpose improving navigation erecting pier question government object view except interest public improve navigation designed arbitrarily capriciously destroy rights belonging riparian owner done manifestly necessary meet demands international interstate commerce said opinion intended paramount authority congress improve navigation public navigable waters crippled compelling government make compensation injury riparian owner right access navigability might incidentally result improvement ordered congress subject congress dealt navigation sought accomplished simply improve navigation waters question meet wants vast commerce passing pass consequently agents designated perform work ordered authorized congress right proceed proper ways without taking account injury might possibly indirectly result work right access riparian owners navigability opinion correctly held plaintiff right property submerged lands pier question rests entitles constitution compensated loss access upland navigability resulting erection maintenance pier order improve manifestly improve navigation public navigable water new orleans gaslight drainage commission ed sup appeared contract city new orleans expense gaslight company lawfully laid pipes certain places public ways streets city subsequently drainage commission new orleans adopted plan drainage city made necessary change location places mains pipes theretofore laid gaslight company company contended require changes taking property public use entitled constitution compensation view rejected said gas company acquire specific location streets content general right use located pipes risk might future time disturbed state might require necessary public use changes location made need occupation soil beneath streets cities constantly increasing supply water light construction systems sewerage drainage every reason public policy requires grants rights subsurface shall held subject reasonable regulation public health safety may require nothing grant gas company even legally done undertaking limit right state establish system drainage streets think whatever right gas company acquired subject far location pipes concerned future regulations might required interest public health welfare views amply sustained authorities national waterworks kansas city fed opinion delivered justice brewer circuit judge columbus gaslight coke columbus ohio jamaica pond aqueduct brookline mass deering chicago chicago ed sup latter case held uncompensated obedience regulation enacted public safety police power state taking property without due compensation view case gas company grant city acquired exclusive right location pipes streets chosen general grant authority use streets city made contract gas company disturbed location chosen exercise police power state purpose highly necessary promotion public health become necessary change location pipes gas company accommodate new public work complying requirement expense none property gas company taken injury sustained damnum absque injuria chicago illinois ed sup cases cited approval principles announced applied railway company owning bridge lawfully constructed creek running certain swamp slough lands drainage commissioners required statute drain order make tillable fit cultivation commissioners executing work draining found necessary creek railway bridge constructed deepened enlarged greater opening made bridge passage increased amount water caused deepening enlarging bed creek railway company required cost construct bridge creek meet necessities situation drainage plan commissioners company refused obey order contention railway company bridge lawfully constructed general corporate powers depth width channel sufficient time carry water creek subsequently flowed foundation bridge removed use bridge disturbed unless compensation first made secured company amount sufficient meet expense removing timbers stones creek constructing new bridge length opening plan commissioners make necessary company insisted require meet expenses funds within meaning constitution taking property public use without compensation therefore without due process law review authorities said constitutional requirement due process law embraces compensation private property taken public use applies every case exertion governmental power execution power matter government federal state finds necessary take private property public use must obey constitutional injunction make secure compensation owner cherokee nation southern kansas ed sup sweet rechel ed sup monongahela nav ed sup lynah ed sup means employed real substantial relation public objects government may legally accomplish arbitrary unreasonable beyond necessities case judiciary disregard mere forms interfere protection rights injuriously affected illegal action authority courts interfere cases beyond doubt minnesota barber ed inters com sup upon general subject real conflict among adjudged cases whatever conflict arises upon question whether particular case within true meaning constitution private property public use injury complained incidental legitimate exercise governmental powers public good taking property public use right compensation account injury attach constitution present case opinion concluded discussion hold duty railway company expense remove creek present bridge culvert timbers stones placed also unless abandons surrenders right cross creek vicinity present crossing erect expense maintain new bridge crossing conform regulations established drainage commissioners authority state requirement enforced amount taking private property public use within meaning constitution denial equal protection laws latest adjudication west chicage street chicago ed sup case principal question related duty street railroad company lawfully constructed tunnel chicago river obey ordinance city requiring company cost expense lower tunnel provide certain depth ascertained competent federal local authority necessary increased demands navigation held upon adjudged cases rights company owner fee land either side river bed subject paramount right navigation waters river said right railroad company maintain tunnel chicago river subject paramount public right navigation right maintain tunnel river qualified one subject specific condition act tunnel interrupt navigation present tunnel obstruction navigation upon record must take city representing state public may rightfully insist obstruction shall longer remain way free navigation necessarily follows railway company duty comply demand made upon remove expense obstruction created maintains obstruction removed except lowering tunnel required depth tunnel maintained providing one interrupt navigation cost attendant upon work must met company city asks nothing railroad company shall necessary free navigation obstruction responsible intends abandon right maintain tunnel near van buren street shall provide new tunnel necessary depth water case us public demands nothing done railroad company except remove obstruction placed maintains river condition navigation time thereby interrupted removal obstruction needed protect navigation whatever cost attends removal obstruction must borne railroad company condition company placed tunnel river met company public furthere demands upon deemed taking private property public use denial equal protection laws within meaning constitution result lawful exercise governmental power common good appears authorities cited chicago illinois supra decided state well said maintain navigable character stream lawful way within meaning law taking private property property right owner soil river ownership subject right free unobstructed navigation people ex rel chicago west chicago street city asks asks railroad company required exercise rights use property respect public needs declared competent authority upon reasonable grounds exist arbitrary unreasonable demand legal sense take appropriate company property public benefit insists company shall use property interrupt navigation principles announced cases require us hold present case making alterations bridge specified order secretary war taking property bridge company public use think unless taking within meaning constitution obligation arises upon make compensation cost incurred making alterations damage accrue bridge company result compliance secretary order must case deemed incidental exercise government power regulate commerce among includes seen power secure free navigation upon water ways unreasonable obstructions circumstances connected original construction bridge maintenance since tie hands government exert full power protect freedom navigation obstructions although bridge erected authority pennsylvania charter may lawful structure although may unreasonable obstruction commerce navigation carried must taken cases cited upon principle company exerting power conferred upon state knowledge paramount authority congress regulate commerce among erected bridge subject possibility congress might future time public interest demanded exert power appropriate legislation protect navigation unreasonable obstructions even bridge original form unreasonable obstruction navigation mere failure time intervene officers legislation prevent erection create obligation part government make compensation company subsequent time public reasons congress forbid maintenance bridges become unreasonable obstructions navigation congress determine exert power regulate interstate commerce mere silence inaction individuals corporations authority state place unreasonable obstructions water ways effect cast upon government obligation exert constitutional power regulate interstate commerce except subject condition compensation made secured individuals corporation may incidentally affected exercise power principle bridge company contends seriously impair exercise beneficent power government secure free unobstructed navigation water ways give assent principle conformity adjudged cases order constitutional power congress may full operation must adjudge congress power protect navigation water ways unreasonable obstructions even created sanction state order alter bridge water way cease unreasonable obstruction navigation amount taking private property public use compensation need made independent grounds upon thus place decision appropriate observe conclusion reached finds support charter bridge company law pennsylvania declared highest charter company seen expressly warned company bridge must obstruct navigation legal effect navigation might subsequent time dugan bridge case bridge company conferred franchise erect maintain across monongahela river coupled however condition bridge erected manner injure stop interrupt navigation river boats rafts vessels pennsylvania interpreted words meaning bridge built injure stop interrupt navigation either whether infancy full growth general question arose chicago illinois ed sup held adjudged cases suggestion railway company adequacy bridge opening passing water creek time bridge constructed determine obligations public subsequent periods cooke boston mass appeared railroad company statutory authority cross certain highway road statute provided railroad crossed highway constructed impede obstruct safe convenient use highway one contentions company statute limited duty obligation provide wants travelers time exercised privilege granted said legislature intended provide obstruction safe convenient use highway time increase population neighborhood increasing use highway crossing outset adequate longer duty railroad corporation make alteration meet present needs public occasion use highway lake erie cluggish ind said quoting lake erie smith fed duty railroad restore stream highway way crossed line road continuing duty increase population causes crossing becomes inadequate meet new altered conditions country duty railroad make alterations meet present needs public indiana ex rel muncie lake erie fed case overhead crossing lawfully constructed one streets city said growth population otherwise crossing become inadequate meet present needs public duty railroad company remedy defect restoring crossing unnecessarily impair usefulness highway stress laid argument upon fact compliance order secretary war compel bridge company make large expenditure money consideration affect decision questions constitutional law involved one addressed legislative branch government congress determine whether circumstances particular case justice requires compensation made person corporation incidentally suffering exercise national government constitutional powers matters require notice hands perceiving error law record judgment must affirmed ordered justice brewer justice peckham dissent justice moody participate consideration decision case footnotes