philadelphia
stimson
argued
november
decided
march
william
marbury
morgan
beach
graham
bowdoin
samuel
mcclay
appellant
assistant
attorney
general
knaebel
appellee
justice
hughes
delivered
opinion
suit
brought
district
columbia
set
aside
certain
harbor
lines
harbor
pittsburg
pennsylvania
far
encroached
upon
land
owned
complainant
restrain
secretary
war
causing
criminal
proceedings
instituted
complainant
reclamation
occupation
land
outside
prescribed
limits
appeals
district
affirmed
decree
sustaining
demurrer
bill
complainant
appeals
allegations
bill
substance
follows
complainant
corporation
commonwealth
pennsylvania
owner
fee
island
formerly
chartier
hamilton
island
ohio
river
allegheny
county
pennsylvania
statute
enacted
pennsylvania
providing
appointment
commissioners
ascertain
mark
lines
ordinary
high
low
water
allegheny
monongahela
ohio
rivers
vicinity
pittsburg
act
recited
lines
land
along
shores
rivers
clearly
ascertained
important
persons
interested
several
rights
privileges
defined
commissioners
surveys
completed
lines
located
opportunity
afforded
appointed
needed
corrections
map
plan
finally
determined
upon
recorded
statute
declared
lines
approved
shall
forever
deemed
adjudged
taken
firm
stable
purposes
aforesaid
proceedings
accordingly
lines
along
shore
brunot
island
definitely
fixed
consequence
bill
asserts
land
whether
water
inside
commissioners
lines
became
property
owners
brunot
island
virtue
statute
action
commissioners
fixing
line
permanent
boundary
right
owners
island
accretions
beyond
line
taken
away
time
longer
subject
loss
diminution
land
reason
submergence
avulsion
floods
freshets
gradual
erosion
subsequent
establishment
state
commissioners
line
considerable
portion
shore
island
back
channel
within
said
mark
washed
away
time
time
heavy
floods
freshets
large
part
upland
slightly
submerged
extent
sufficient
permit
navigation
years
ago
government
order
increase
depth
water
harbor
pittsburg
caused
dam
constructed
across
ohio
river
short
distance
brunot
island
known
davis
island
dam
effect
dam
says
bill
increase
depth
water
channel
submerge
brunot
island
far
greater
extent
make
water
complainant
land
navigable
certain
times
certain
purposes
navigable
secretary
war
claiming
act
authority
act
congress
september
stat
chap
knowing
shore
brunot
island
washed
away
floods
freshets
established
harbor
line
ran
across
complainant
land
within
line
state
commissioners
alleged
although
submerged
land
generally
covered
water
ordinarily
navigable
water
never
constituted
constitute
part
public
navigable
waters
authority
conferred
act
congress
upon
secretary
war
regulate
interfere
use
complainant
land
establishment
harbor
lines
upon
even
water
land
fact
part
public
navigable
waters
without
rendered
thus
navigable
construction
dam
still
secretary
war
right
run
harbor
line
land
question
deprive
complainant
use
enjoyment
right
complainant
bill
avers
repair
damage
caused
floods
freshets
reclaim
submerged
portion
filling
wharfing
times
within
lines
part
torn
away
violence
waters
secretary
war
claiming
authority
act
congress
march
stat
chap
comp
stat
complainant
protest
changed
harbor
line
report
engineer
pittsburg
stated
conditions
high
low
water
changed
since
along
part
shore
island
harbor
line
ran
several
hundred
feet
outside
mark
existed
seemed
advisable
change
coincide
actual
mark
copy
report
order
secretary
war
dated
february
annexed
bill
made
part
stated
location
proposed
harbor
lines
within
bed
stream
existed
physical
fact
bill
shows
facilitate
delivery
coal
operation
power
house
island
complainant
desired
reclaim
part
submerged
establishing
coal
wharf
back
channel
harbor
line
distance
landward
said
state
commissioners
line
according
proposed
plans
wharf
pier
extend
complainant
land
cross
harbor
lines
state
commissioners
line
plans
perfected
secretary
war
representative
engineer
officer
pittsburg
declared
complainant
right
build
upon
land
across
either
harbor
lines
refused
permit
complainant
reclaim
land
build
wharf
thereon
outside
harbor
line
threatened
undertook
prevent
cause
complainant
employees
prosecuted
fined
authorities
federal
government
violations
acts
congress
september
march
charged
secretary
war
authority
fix
original
harbor
line
power
exhausted
done
harbor
line
wholly
unauthorized
consequence
severe
penalties
prescribed
acts
congress
construction
buildings
piers
wharves
outside
harbor
line
established
secretary
war
reason
defendant
threats
prosecution
case
complainant
carried
plan
reclamation
construction
wharf
bill
avers
complainant
prevented
making
use
property
defendant
action
constitutes
taking
property
public
use
without
compensation
subjected
endeavor
long
harbor
line
remains
unmodified
multiplicity
criminal
prosecutions
harbor
line
cloud
upon
title
provisions
acts
congress
referred
bill
set
forth
margin
section
act
september
chap
stat
provided
section
twelve
river
harbor
act
august
eleventh
eighteen
hundred
stat
chap
comp
stat
amended
read
follows
made
manifest
secretary
war
establishment
harbor
lines
essential
preservation
protection
harbors
may
hereby
authorized
cause
lines
established
beyond
piers
wharves
bulkheads
works
shall
extended
deposits
made
except
regulations
may
prescribed
time
time
person
shall
wilfully
violate
provisions
section
rule
regulation
made
secretary
war
pursuance
section
shall
deemed
guilty
misdemeanor
conviction
thereof
shall
punished
fine
exceeding
one
thousand
dollars
imprisonment
exceeding
one
year
discretion
offense
sections
act
march
chap
stat
comp
stat
pp
follows
made
manifest
secretary
war
establishment
harbor
lines
essential
preservation
protection
harbors
may
hereby
authorized
cause
lines
established
beyond
piers
wharves
bulkheads
works
shall
extended
deposits
made
except
regulations
may
prescribed
time
time
provided
prescribed
time
time
provided
grants
person
persons
permission
extend
piers
wharves
bulkheads
works
make
deposits
tidal
harbor
river
beyond
harbor
lines
established
authority
shall
cause
ascertained
amount
tide
water
displaced
structure
deposits
shall
deem
necessary
require
parties
permission
given
make
compensation
displacement
either
excavating
part
harbor
including
channels
mark
extent
create
basin
much
tide
water
may
displaced
structure
deposits
mode
may
satisfactory
every
person
every
corporation
shall
violate
demurring
bill
defendant
asserted
bad
substance
also
specially
assigned
following
grounds
proceeding
virtually
suit
jurisdiction
restrain
enforcement
penalty
prosecution
violation
law
jurisdiction
restrain
defendant
instituting
criminal
proceedings
complainant
jurisdiction
declare
define
harbor
lines
boundary
lines
land
outside
district
columbia
state
pennsylvania
jurisdiction
base
decree
removing
cloud
upon
alleged
title
complainants
realty
state
pennsylvania
accomplish
declaring
harbor
lines
referred
bill
null
void
first
conduct
defendant
constitutes
unwarrantable
interference
property
complainant
resort
equity
protection
defeated
upon
ground
suit
one
exemption
suit
protect
officers
personal
liability
persons
whose
rights
property
wrongfully
invaded
little
barreme
cranch
ed
lee
ed
sup
belknap
schild
ed
sup
tindal
wesley
ed
sup
scranton
wheeler
ed
sup
case
injury
threatened
illegal
action
officer
claim
immunity
injunction
process
principle
frequently
applied
respect
state
officers
seeking
enforce
unconstitutional
enactments
osborn
bank
wheat
ed
davis
gray
wall
ed
pennoyer
mcconnaughy
ed
sup
scott
donald
ed
sup
smyth
ames
ed
sup
ex
parte
young
ed
sup
ann
cas
ludwig
western
teleg
ed
sup
herndon
chicago
ed
sup
hopkins
clemson
agri
college
ed
sup
equally
applicable
federal
officer
acting
excess
authority
authority
validly
conferred
noble
union
river
logging
ed
sup
american
school
mcannulty
ed
sup
complainant
ask
interfere
official
discretion
secretary
war
challenged
authority
things
complaint
made
suit
rests
upon
charge
abuse
power
merits
must
determined
accordingly
suit
second
second
third
grounds
demurrer
specially
stated
raise
question
jurisdiction
restrain
defendant
instituting
criminal
proceedings
equity
said
sawyer
ed
sup
jurisdiction
prosecution
punishment
pardon
crimes
misdemeanors
assume
jurisdiction
sustain
bill
equity
restrain
relieve
proceedings
punishment
offenses
invade
domain
courts
common
law
executive
administrative
department
government
harkrader
wadley
ed
sup
fitts
mcghee
ed
sup
story
eq
jur
distinction
obtains
found
essential
protection
property
rights
jurisdiction
equity
invoked
restrain
defendant
instituting
criminal
actions
involving
legal
questions
illustrated
decisions
officers
enjoined
bringing
criminal
proceedings
compel
obedience
unconstitutional
requirements
davis
mfg
los
angeles
ed
sup
dobbins
los
angeles
ed
sup
ex
parte
young
ed
sup
ann
cas
western
teleg
andrews
ed
sup
attempt
restrain
trying
persons
charged
crime
grand
jury
exercise
functions
injunction
binds
defendant
resort
criminal
procedure
enforce
illegal
demands
urged
statute
authorizing
secretary
war
prevent
encroachments
upon
navigable
streams
valid
one
decisions
cited
apply
validity
statute
attacked
assumption
construed
contemplate
authorize
alleged
deprivation
property
officer
proceeding
unconstitutional
act
invalidity
suffices
show
without
authority
absence
lawful
power
abuse
authority
imposing
enforcing
name
state
unwarrantable
exactions
restrictions
irreparable
loss
complainant
basis
decree
ex
parte
young
ed
sup
ann
cas
similar
injury
may
inflicted
may
exist
ground
equitable
relief
officer
insisting
warrant
statute
transcending
bounds
thus
unlawfully
assuming
exercise
power
government
individual
owner
guilty
invasion
private
property
act
march
provided
every
person
every
corporation
violate
provision
relating
observance
harbor
lines
rule
regulation
made
secretary
war
pursuance
section
guilty
misdemeanor
punished
fine
imprisonment
made
duty
district
attorneys
prosecute
offenders
whenever
requested
secretary
war
complainant
rights
defendant
claimed
entitled
adequate
protection
case
remedy
might
properly
embrace
restraining
unfounded
prosecutions
third
fourth
fifth
special
grounds
demurrer
assert
district
columbia
jurisdiction
define
boundaries
state
pennsylvania
remove
cloud
upon
title
land
state
dealing
objections
important
observe
precise
nature
suit
determine
controversy
conflicting
claimants
local
law
restrain
trespass
northern
indiana
michigan
ed
ellenwood
marietta
chair
ed
sup
brought
try
naked
question
title
land
massie
watts
cranch
ed
complainant
title
lay
foundation
suit
necessary
complainant
prove
denied
still
title
land
water
established
admitted
alleged
question
remain
whether
defendant
imposing
restrictions
upon
use
property
acting
virtue
authority
validly
conferred
general
act
congress
principal
question
complainant
sought
determined
defendant
within
district
amenable
process
ground
upon
may
denied
jurisdiction
decide
whether
restrained
continuing
opposition
complainant
plan
improvement
rather
said
case
falls
within
general
rule
sustaining
jurisdiction
equity
control
person
defendant
may
compel
obedience
decree
phelps
mcdonald
ed
fourth
assuming
jurisdiction
brought
consideration
equity
bill
held
establishment
general
system
harbor
lines
protection
commerce
navigation
injury
property
restrained
yesler
washington
harbor
line
ed
sup
prosser
northern
ed
sup
also
recognized
different
question
arises
active
measures
taken
individual
proprietor
maintain
location
limits
alleged
violation
private
rights
thus
prevent
enjoying
asserted
lawful
use
property
prosser
northern
supra
complainant
starts
lines
laid
state
commissioners
lines
averred
accordance
actual
ordinary
marks
argument
independently
effect
statute
pennsylvania
washing
away
banks
submergence
portion
island
subsequent
years
worked
loss
title
remained
absolute
including
right
reclamation
improvement
submerged
land
inside
former
line
high
water
virtue
statute
boundary
permanently
fixed
state
commissioners
line
subsequent
encroachment
water
affect
rights
owner
established
rule
riparian
proprietor
land
bounded
stream
banks
changed
gradual
imperceptible
process
accretion
erosion
continues
hold
stream
boundary
land
increased
accountable
gain
diminished
recourse
loss
stream
suddenly
perceptibly
abandons
old
channel
title
affected
boundary
remains
former
line
rex
yarborough
barn
bligh
dowl
revised
dow
eng
rul
cas
sub
nom
gifford
yarborough
bing
new
orleans
pet
ed
banks
ogden
wall
ed
clair
county
lovingston
wall
ed
jefferis
east
omaha
land
ed
sup
louis
rutz
ed
sup
nebraska
iowa
ed
sup
shively
bowlby
ed
sup
hale
de
jure
maris
chaps
hargrave
law
tracts
mulry
norton
doctrine
owner
takes
risk
increase
diminution
land
action
water
applies
well
rivers
strong
swift
overflow
banks
whether
dykes
defenses
necessary
keep
water
within
proper
limits
change
stream
sudden
violent
visible
title
remains
enough
change
may
discerned
comparison
two
distinct
points
time
must
perceptible
takes
place
test
gradual
imperceptible
sense
rule
though
witnesses
may
see
time
time
progress
made
perceive
process
going
clair
county
lovingston
wall
ed
confined
allegations
bill
advantage
proof
findings
even
particularized
description
bill
precise
character
alterations
banks
brunot
island
took
place
long
period
bill
refers
alleged
subsequent
establishment
said
commissioners
line
mark
aforesaid
considerable
amount
soil
shore
said
brunot
island
back
channel
within
said
mark
washed
away
time
time
heavy
floods
freshets
large
part
upland
island
land
mark
became
overflowed
slightly
submerged
water
said
land
submerged
extent
sufficient
permit
navigation
kind
thereover
statement
point
save
bill
asserts
complainant
entitled
reclaim
times
within
lines
part
torn
away
violence
waters
manifest
allegations
inadequate
support
complainant
contention
determining
words
land
away
time
time
heavy
floods
freshets
reference
occurred
many
years
far
statement
particular
time
sudden
violent
visible
change
justify
departure
ordinary
rule
governs
accretion
diminution
albeit
stream
suffer
wide
fluctuations
volume
current
swift
banks
afford
slight
resistance
encroachment
example
general
principle
accretion
diminution
correlative
applies
rivers
mississippi
missouri
notwithstanding
extent
rapidity
changes
constantly
effected
jefferis
east
omaha
land
ed
sup
jones
soulard
ed
saulet
shepherd
wall
ed
clair
county
lovingston
supra
louis
rutz
ed
sup
nebraska
iowa
ed
sup
question
concerned
boundary
two
acts
admission
middle
main
channel
missouri
river
vicinity
omaha
marked
changes
course
channel
latter
year
occupied
different
bed
flowed
former
year
opinion
describes
detail
physical
conditions
along
river
said
pp
current
rapid
far
average
ordinary
rivers
reason
snows
mountains
two
rises
volume
waters
known
april
june
rises
large
volume
water
pouring
time
rises
rapidity
current
great
rapid
action
upon
loose
soil
banks
thing
distinguishes
river
streams
matter
accretion
rapidity
change
caused
velocity
current
nature
things
works
change
principle
underlying
rule
law
respect
thereto
conclusions
notwithstanding
rapidity
changes
course
channel
washing
one
side
onto
law
accretion
controls
missouri
river
elsewhere
respect
rights
individual
landowners
also
respect
boundary
lines
boundary
therefore
iowa
nebraska
varying
line
far
affected
changes
diminution
accretion
mere
washing
waters
stream
case
decision
clearly
points
distinction
losses
gains
thus
described
abrupt
visible
change
one
place
particular
time
river
course
nature
suddenly
cut
neck
bow
made
new
channel
present
case
falls
within
category
first
mentioned
according
general
principles
law
owner
bear
losses
caused
washings
river
bill
also
alleges
years
ago
government
interest
navigation
order
increase
depth
water
harbor
pittsburg
caused
dam
constructed
across
ohio
river
short
distance
said
brunot
island
known
davis
island
dam
effect
dam
decidedly
increase
depth
water
channel
back
brunot
island
cause
water
river
flow
higher
upon
land
orator
submerge
far
greater
extent
fact
make
said
water
submerged
orator
land
navigable
certain
times
certain
purposes
navigable
construction
said
dam
observed
said
caused
erection
dam
interest
navigation
complainant
purchased
island
subsequently
year
concerned
question
whether
appropriation
land
former
owner
cause
action
arose
recover
value
gibson
ed
sup
lynah
ed
sup
bedford
ed
sup
manigault
springs
ed
sup
chicago
illinois
ed
sup
ann
cas
far
bill
shows
dam
lawfully
built
allegations
respect
wholly
fail
state
case
entitling
complainant
relief
reason
construction
complainant
however
insists
effect
pennsylvania
statute
fix
boundary
island
permanently
manently
state
commissioners
line
hence
within
line
entitled
make
desired
reclamation
improvement
statute
act
april
provided
commissioners
lines
approved
deemed
adjudged
taken
firm
stable
purposes
aforesaid
pennsylvania
held
purpose
act
regulate
rights
public
respect
navigation
prevent
private
rights
exercised
prejudice
public
interest
wainwright
mccullough
zug
com
poor
mcclure
allegheny
city
moorehead
wainwright
mccullough
supra
holding
statute
applicable
disputed
boundaries
private
owners
considered
navigable
character
rivers
related
extent
riparian
rights
law
state
meaning
act
light
mischief
intended
correct
said
order
arrive
legal
effect
lines
established
commissioners
act
must
ascertain
true
purpose
reach
becomes
necessary
examine
navigable
character
rivers
allegheny
monongahela
ohio
rights
riparian
proprietors
upon
banks
rivers
among
largest
state
larger
schuylkill
lehigh
recognized
navigable
early
history
province
repeatedly
held
name
rivers
naturally
navigable
therefore
classed
delaware
susquehanna
carson
blazer
binn
shrunk
schuylkill
nav
serg
hunter
howard
serg
many
acts
passed
declaring
tributaries
rivers
navigable
act
perhaps
pertinent
controversy
april
smith
laws
regulating
taking
lands
within
new
purchase
section
expressly
excepts
islands
ohio
allegheny
delaware
navigable
character
stream
rights
riparian
owners
settled
numerous
decisions
may
referred
carson
blazer
binn
shrunk
schuylkill
nav
serg
ball
slack
whart
zimmerman
union
canal
watts
bailey
miltenberger
mckeen
delaware
div
canal
tinicum
fishing
carter
opinion
sharswood
decided
last
winter
philadelphia
cases
appear
absolute
title
riparian
proprietor
extends
mark
ordinary
high
ordinary
low
water
mark
title
soil
qualified
subject
public
rights
navigation
improvement
stream
highway
occupy
prejudice
navigation
cause
obstructions
placed
upon
shore
lines
without
express
authority
state
case
bailey
miltenberger
decided
doubtless
something
turning
public
attention
shores
streams
surrounding
city
pittsburg
led
passage
act
purpose
defining
lines
referred
mistaken
idea
entertained
proprietors
making
ground
mills
depositing
cinders
shore
marks
allegheny
many
navigable
rivers
says
opinion
time
low
water
occupy
one
third
bed
disastrous
allow
every
owner
fill
land
mark
state
affairs
rivers
seriously
encroached
upon
opposite
pittsburg
doubt
led
act
april
pamph
begins
recital
lines
lands
along
shores
rivers
near
city
pittsburg
county
allegheny
never
yet
clearly
ascertained
important
owners
lands
persons
navigating
waters
corporations
adjacent
rivers
parties
interested
know
several
rights
privileges
extension
limitation
ascertained
defined
therefore
etc
first
impression
arising
language
might
seem
law
intended
ascertain
fix
lines
end
controversies
private
well
public
careful
consideration
purpose
provisions
shows
applicable
disputed
boundaries
private
owners
intended
regulate
respective
rights
public
landowners
whose
property
right
navigation
extends
lines
effect
lines
established
thus
stated
lines
approved
shall
forever
deemed
adjudged
taken
firm
stable
purposes
aforesaid
seek
purposes
act
discloses
none
relating
public
interest
riparian
owner
advert
power
state
navigable
streams
stated
authorities
cited
discover
plenary
subject
navigation
improvement
natural
channels
commerce
ownership
riparian
proprietor
qualified
lines
low
high
water
legislature
may
therefore
great
propriety
define
bounds
high
low
water
means
suitable
commission
purpose
regulating
public
right
conflict
private
interests
prevent
private
rights
exercised
prejudice
public
interests
example
prevent
shores
filled
great
banks
cinders
allegheny
city
moorehead
question
presented
whether
fixing
water
lines
act
title
vested
city
allegheny
lot
owners
defeat
claim
plaintiff
moorehead
subsequent
patent
state
said
operation
act
extended
act
commissioners
running
water
line
northern
shore
river
include
part
killbuck
island
purpose
commissioners
transfer
titles
mark
boundaries
riparian
rights
make
certain
permanent
extent
intention
framers
act
pass
titles
lands
ascertain
boundaries
individuals
purpose
regulate
right
navigation
along
shores
rivers
establishing
lines
definitely
ascertain
fix
extent
right
exercised
extent
owners
land
exercise
rights
law
state
contended
complainant
effect
statute
secure
riparian
owners
complete
protection
loss
land
right
build
upon
reason
gradual
washing
away
banks
river
state
chose
resign
riparian
proprietors
right
additions
moving
landward
mark
required
owner
time
surrender
interest
navigation
right
alluvion
support
complainant
cites
opinion
common
pleas
allegheny
county
briggs
pheil
pittsb
said
respect
statute
passage
act
riparian
owner
owned
absolutely
mark
qualified
property
mark
outside
mark
title
soil
state
seems
us
doubt
state
power
enact
thereafter
legal
limits
property
remain
unchanged
either
gradual
accretions
gradual
cutting
away
opinion
intended
done
done
act
assembly
proceedings
thereunder
seems
us
establishing
lines
least
state
riparian
owners
fixed
lines
future
river
washes
beyond
line
owner
may
fill
reclaim
lost
land
hand
accretions
belong
state
municipalities
established
doctrine
invoked
title
soil
navigable
waters
within
territorial
limits
extent
riparian
rights
governed
laws
several
subject
authority
congress
constitution
martin
waddell
pet
ed
pollard
hagan
ed
weber
state
harbor
wall
ed
barney
keokuk
ed
packer
bird
ed
sup
louis
rutz
ed
sup
hardin
jordan
ed
sup
illinois
illinois
ed
sup
shively
bowlby
ed
sup
anthony
falls
water
power
paul
water
comrs
ed
sup
let
assumed
pennsylvania
statute
regulation
rights
established
commissioners
line
permanent
boundary
island
conferred
upon
riparian
owner
far
within
competency
state
confer
right
fill
erect
structures
limit
line
regardless
subsequent
changes
actual
line
caused
washing
away
banks
river
power
congress
respect
river
extent
authority
conferred
upon
secretary
war
secretary
war
fixed
harbor
lines
dealt
stream
existed
whatever
right
owner
island
may
state
law
reclaim
submerged
land
within
former
line
high
water
exercised
bill
alleging
new
harbor
line
ran
across
complainant
land
must
taken
refer
submerged
land
already
described
import
allegations
shown
record
war
department
annexed
bill
establishing
line
secretary
war
followed
quite
closely
actual
line
high
water
existed
except
back
channel
brunot
island
ran
several
hundred
feet
outside
mark
change
harbor
line
point
purpose
making
line
coincide
actual
mark
report
engineer
advised
change
said
lines
previously
established
filled
river
bed
brunot
island
side
bend
referred
condition
time
harbor
lines
fixed
added
suffers
annually
floods
opinion
material
contraction
channel
immediately
city
result
general
injury
produce
conditions
detrimental
navigation
harborage
respectfully
recommended
changes
established
harbor
lines
shown
described
map
inclosed
herewith
made
changes
necessary
preserving
protecting
harbor
pittsburg
location
proposed
harbor
lines
recommended
communication
within
bed
stream
exists
physical
fact
stream
highway
commerce
power
congress
extended
power
limitations
prescribed
constitution
gibbons
ogden
wheat
ed
exercise
power
fettered
grant
made
state
soil
formed
bed
river
authority
conferred
state
creation
obstructions
navigation
includes
navigation
power
regulate
commerce
comprehends
control
purpose
extent
necessary
navigable
waters
accessible
state
lie
purpose
public
property
nation
subject
requisite
legislation
congress
necessarily
includes
power
keep
open
free
obstructions
navigation
interposed
otherwise
remove
obstructions
exist
provide
sanctions
may
deem
proper
occurrence
evil
punishment
offenders
purposes
congress
possesses
powers
existed
adoption
national
constitution
always
existed
parliament
england
gilman
philadelphia
wall
ed
authority
congress
limited
much
water
river
flows
bed
forty
years
ago
alterations
produced
course
years
action
water
restrict
exercise
federal
control
regulation
commerce
bed
may
vary
banks
may
change
federal
power
remains
paramount
stream
control
may
defeated
action
state
restricting
public
right
navigation
within
river
ancient
lines
public
right
navigation
follows
stream
rolle
abr
carlisle
graham
exch
exch
week
authority
congress
goes
state
pennsylvania
established
harbor
lines
thus
undertook
regulate
rights
navigation
action
however
effective
state
riparian
proprietors
necessarily
subject
paramount
power
congress
state
lines
conceded
permanent
force
congress
without
substituting
constitutional
authority
supremacy
state
respect
navigable
waters
congress
decide
shall
shall
deemed
judgment
law
obstruction
navigation
pennsylvania
wheeling
bridge
ed
regulation
commerce
may
establish
harbor
lines
limits
beyond
deposits
shall
made
structures
built
navigable
waters
principles
applicable
case
repeatedly
stated
recent
decisions
gibson
ed
sup
scranton
wheeler
ed
sup
chicago
illinois
ed
sup
ann
cas
west
chicago
street
illinois
ed
sup
union
ed
sup
monongahela
ed
sup
ct
monongahela
bridge
ed
sup
hannibal
bridge
ed
sup
gibson
supra
construction
dyke
ohio
river
authority
secretary
war
substantially
destroyed
landing
front
farm
owned
gibson
preventing
free
egress
ingress
said
landing
main
navigable
channel
river
said
pp
navigable
waters
control
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
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
scranton
wheeler
ed
sup
question
arose
respect
riparian
owner
whose
access
land
navigability
permanently
lost
reason
construction
pier
resting
submerged
lands
front
upland
said
opinion
primary
use
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
union
bridge
ed
sup
secretary
war
found
bridge
unreasonable
obstruction
free
navigation
allegheny
river
required
bridge
company
make
certain
changes
insisted
compelled
make
without
compensation
reviewing
authorities
said
pp
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
must
concluded
therfore
competent
congress
provide
establishment
harbor
lines
question
protection
harbor
pittsburg
acted
within
constitutional
power
authorizing
secretary
war
fix
lines
union
bridge
supra
pp
monongahela
bridge
ed
sup
officer
exhaust
authority
laying
lines
first
established
entitled
change
change
order
fully
preserve
river
obstruction
none
acts
complained
exceed
power
conferred
bill
failed
show
ground
upon
complainant
entitled
relief
properly
dismissed
decree
affirmed
footnotes
department
justice
shall
conduct
legal
proceedings
necessary
enforce
foregoing
provisions
sections
nine
sixteen
inclusive
act
shall
duty
district
attorneys
vigorously
prosecute
offenders
whenever
requested
secretary
war
officials
hereinafter
designated
shall
furthermore
duty
said
district
attorneys
report
attorney
general
action
taken
offenders
reported
transcript
reports
shall
transmitted
secretary
war
attorney
general
better
enforcement
said
provisions
facilitate
detection
bringing
punishment
offenders
officers
agents
charge
river
harbor
improvements
assistant
engineers
inspectors
employed
authority
secretary
war
collectors
customs
revenue
officers
shall
power
authority
swear
process
arrest
take
custody
without
process
person
persons
may
commit
acts
offenses
prohibited
aforesaid
sections
act
may
violate
provisions
provided
person
shall
arrested
without
process
offense
committed
presence
one
aforesaid
officials
provided
whenever
arrest
made
provisions
act
person
arrested
shall
brought
forthwith
commissioner
judge
examination
offenses
alleged
commissioner
judge
shall
proceed
respect
thereto
authorized
law
case
crimes