monongahela
nav
argued
decided
march
proceedings
acquire
lock
dam
monongahela
navigation
company
situated
monongahela
river
judgment
awarding
compensation
navigation
company
appeals
reversed
statement
justice
brewer
act
august
congress
among
things
enacted
secretary
war
hereby
authorized
directed
negotiate
purchase
cost
exceed
lock
dam
number
seven
otherwise
known
lock
dam
appurtenances
monongahela
navigation
company
corporation
organized
laws
pennsylvania
lock
dam
number
seven
appurtenances
constitute
part
improvements
water
communication
monongahela
river
pittsburgh
state
pennsylvania
point
near
morgantown
state
west
virginia
sum
much
thereof
may
necessary
hereby
appropriated
moneys
treasury
otherwise
appropriated
consummating
said
purchase
paid
warrant
secretary
war
upon
full
absolute
conveyance
said
lock
dam
number
seven
appurtenances
said
monongahela
navigation
company
event
inability
secretary
war
make
voluntary
purchase
said
lock
dam
number
seven
appurtenances
said
sum
less
sum
secretary
war
hereby
authorized
directed
institute
carry
completion
proceedings
condemnation
said
lock
dam
number
seven
appurtenances
said
condemnation
proceedings
prescribed
regulated
provisions
general
railroad
law
pennsylvania
approved
february
supplements
except
shall
required
give
bond
except
jurisdiction
said
proceedings
hereby
given
circuit
western
district
pennsylvania
right
appeal
either
party
provided
estimating
sum
paid
franchise
said
corporation
collect
tolls
shall
considered
estimated
sum
five
thousand
dollars
much
thereof
may
necessary
hereby
appropriated
moneys
treasury
otherwise
appropriated
pay
necessary
costs
said
condemnation
proceedings
upon
final
judgment
entered
therein
secretary
war
hereby
authorized
directed
draw
warrant
treasury
amount
said
judgment
costs
said
amount
payment
thereof
hereby
appropriated
moneys
treasury
otherwise
appropriated
said
lock
dam
number
seven
appurtenances
shall
acquired
whether
purchase
condemnation
secretary
war
shall
take
charge
thereof
shall
thereafter
subject
provisions
section
act
entitled
act
making
appropriations
construction
repair
preservation
certain
public
work
rivers
harbors
purposes
approved
july
effort
voluntary
purchase
failing
december
proceedings
condemnation
commenced
circuit
western
district
pennsylvania
viewers
appointed
reported
value
lock
dam
number
seven
valuation
take
account
franchise
company
collect
tolls
appeal
taken
provided
statutes
pennsylvania
appeal
gave
right
trial
de
novo
according
course
common
law
jury
waived
matter
tried
navigation
company
plaintiff
question
amount
compensation
facts
appeared
trial
state
pennsylvania
incorporated
acts
subsequent
years
granted
monongahela
navigation
company
right
enter
upon
said
river
monongahela
upon
lands
either
side
use
rocks
stone
gravel
earth
may
found
thereon
constructions
works
form
make
erect
set
dams
locks
device
whatsoever
shall
think
fit
convenient
make
complete
water
navigation
points
herein
mentioned
wit
city
pittsburgh
virginia
state
line
monongahela
river
rises
mountains
west
virginia
flows
northwardly
pennsylvania
pittsburgh
forms
junction
allegheny
ohio
rivers
pursuance
charter
navigation
company
present
time
constructed
said
river
seven
locks
dams
together
carry
slackwater
navigation
far
west
virginia
state
line
construction
said
company
works
say
prior
year
navigation
monongahela
river
conducted
altogether
small
vessels
including
small
steamboats
exceeding
tonnage
fifty
tons
ascend
river
seasons
limited
periods
depending
rise
river
trade
commerce
said
river
prior
improvement
said
company
works
small
particularly
article
coal
river
natural
condition
furnish
sufficient
harbors
places
shipment
seasons
year
construction
maintenance
said
company
works
created
existing
navigation
large
steamboats
seasons
year
facilities
large
commerce
particularly
article
coal
transported
single
day
much
construction
company
works
transported
entire
year
construction
lock
dam
property
attempted
appropriated
proceeding
monongahela
navigation
company
begun
year
completed
last
one
built
completing
company
improvements
state
pennsylvania
work
commenced
following
circumstances
provided
act
legislature
pennsylvania
constituting
supplement
company
charter
approved
april
whenever
construction
sufficient
locks
dams
extend
slack
water
monongahela
river
pennsylvania
state
line
morgantown
virginia
shall
commenced
shall
duty
monongahela
navigation
company
commence
construction
lock
dam
manner
plan
extend
navigation
present
terminus
virginia
state
line
complete
simultaneously
completion
work
extending
morgantown
march
congress
passed
act
among
things
appropriating
improving
monongahela
river
west
virginia
pennsylvania
proviso
sum
shall
expended
monongahela
navigation
company
shall
undertaken
good
faith
building
lock
dan
number
seven
jacob
creek
said
company
shall
manner
satisfactory
secretary
war
give
assurance
ability
purpose
complete
passage
act
march
william
merrill
engineer
officer
charge
public
works
river
monongahela
addressed
letter
navigation
company
engineer
office
customhouse
cincinnati
march
moorhead
president
mon
nav
pittsburgh
last
river
harbor
bill
contains
following
appropriation
monongahela
river
west
virginia
pennsylvania
sum
shall
expended
monongahela
navigation
company
shall
undertaken
good
faith
building
lock
dam
number
seven
jacob
creek
said
company
shall
manner
satisfactory
secretary
war
give
assurance
ability
purpose
complete
therefore
see
work
number
eight
wholly
dependent
work
number
seven
therefore
urge
company
earliest
date
possible
undertake
good
faith
building
lock
dam
number
seven
give
secretary
war
satisfactory
assurance
ability
purpose
complete
therefore
suggest
might
useful
secretary
communicate
secretary
war
facts
financial
resources
company
intentions
number
seven
satisfy
points
specially
left
discretion
unlock
appropriation
may
used
summer
respectfully
obedient
servant
wm
merrill
whereupon
april
following
resolutions
passed
navigation
company
notice
given
secretary
war
congress
made
appropriation
commencement
building
lock
dam
number
eight
monongahela
river
payment
appropriation
made
depend
upon
secretary
war
satisfied
bona
fide
intention
company
construct
lock
dam
number
seven
financial
ability
complete
whereas
merrill
engineers
charge
government
improvement
monongahela
river
requested
company
furnish
secretary
war
satisfactory
assurances
relation
thereto
therefore
resolved
bona
fide
purpose
intention
company
construct
lock
dam
number
seven
monongahela
river
manner
time
required
acts
assembly
state
pennsylvania
say
complete
said
lock
dam
number
seven
shall
ready
use
soon
requisite
locks
dams
lock
dam
number
seven
constructed
constructed
federal
government
shall
also
finished
ready
use
complete
slack
water
said
river
pittsburgh
pennsylvania
morgantown
virginia
resolved
secretary
company
directed
forward
copy
foregoing
resolution
together
copies
company
annual
report
showing
intention
company
ability
complete
work
merrill
also
secretary
war
may
merrill
addressed
following
letter
president
navigation
company
received
official
notice
secretary
war
chief
engineers
resolution
documents
relative
construction
lock
dam
monongahela
river
forwarded
office
company
april
last
duplicate
sent
honorable
secretary
war
considered
fully
meeting
requirements
proviso
last
appropriation
improvement
named
river
prohibiting
expenditure
money
appropriated
monongahela
navigation
company
shall
undertaken
good
faith
building
lock
dam
jacob
creek
said
company
shall
manner
satisfactory
secretary
war
give
assurance
ability
purpose
complete
thereafter
lock
dam
commenced
completed
course
trial
company
called
witness
offered
prove
witnesses
capital
stock
monongahela
navigation
company
consists
thousand
six
hundred
shares
fifty
dollars
dividends
declared
stock
number
years
rate
twelve
per
cent
per
annum
tolls
received
said
company
use
works
including
lock
dam
averaged
several
years
past
less
market
value
stock
time
inception
proceedings
per
share
money
value
entire
works
franchise
less
actual
toll
receipts
lock
dam
several
years
past
exceeded
per
annum
large
increase
toll
receipts
lock
dam
certainly
take
place
short
time
development
coal
mines
naturally
tributary
said
lock
dam
construction
maintenance
company
works
permanent
reliable
public
highway
created
large
increasing
carriage
coal
general
merchandise
takes
place
permanent
navigation
largest
vessel
steamboat
exists
city
pittsburgh
near
line
pennsylvania
west
virginia
view
present
prospective
tolls
receivable
lock
dam
present
value
said
lock
dam
less
said
value
predicated
upon
said
present
prospective
tolls
said
lock
dam
protion
said
company
works
consist
seven
dams
furnished
lock
locks
navigation
sought
proceedings
made
free
mainly
created
made
possible
seasons
construction
maintenance
company
works
large
portion
tolls
received
company
charged
upon
merchandise
articles
carried
points
shipment
delivery
entirely
within
state
pennsylvania
constituting
internal
commerce
said
state
portion
tolls
collectible
lock
dam
use
said
lock
dam
chargeable
merchandise
goods
passengers
carried
points
shipment
delivery
state
pennsylvania
transportation
wholly
within
state
said
portion
offer
testimony
counsel
objected
reason
incompetent
irrelevant
whereupon
sustained
objection
rejected
evidence
result
trial
finding
value
lock
dam
considering
estimating
decree
franchise
company
collect
tolls
amount
sum
adjudged
decreed
paid
navigation
company
property
condemned
company
brought
case
writ
error
appeal
johns
mccleave
wayne
macveagh
appellant
atty
miller
sol
aldrich
watson
justice
brewer
stating
facts
foregoing
language
delivered
opinion
appears
foregoing
statement
monongahela
company
express
authority
state
pennsylvania
expended
large
sums
money
improving
monongahela
river
means
locks
dams
particular
lock
dam
controversy
built
virtue
authority
state
pennsylvania
also
instance
suggestion
means
improvements
monongahela
river
theretofore
navigable
boats
small
tonnage
certain
seasons
year
carries
large
steamboats
seasons
extensive
commerce
means
thereof
question
presented
whether
power
condemn
appropriate
property
monongahela
company
conceded
much
must
pay
compensation
therefor
obviously
question
others
run
along
line
extent
protection
individual
constitution
demands
government
importance
society
fullness
sufficiency
securities
surround
individual
use
enjoyment
property
constitute
one
certain
tests
character
value
government
first
amendments
constitution
adopted
soon
adoption
constitution
nature
bill
rights
adopted
order
quiet
apprehension
many
without
declaration
rights
government
assume
might
held
possess
power
trespass
upon
rights
persons
property
declaration
independence
affirmed
unalienable
rights
case
sinnickson
johnson
law
cited
case
pumpelly
green
bay
wall
said
power
take
private
property
reaches
back
constitutional
provisions
seems
considered
settled
principle
universal
law
right
compensation
incident
exercise
power
one
inseparably
connected
may
said
exist
separate
distinct
principles
parts
one
principle
gardner
newburgh
johns
ch
chancellor
kent
affirmed
substantially
doctrine
natural
equity
commends
every
one
wise
detracts
power
public
take
whatever
may
necessary
uses
hand
prevents
public
loading
upon
one
individual
share
burdens
government
says
surrenders
public
something
different
exacted
members
public
full
equivalent
shall
returned
need
recourse
natural
equity
necessary
look
constitution
affirmations
lying
behind
declaration
independence
fifth
amendment
stated
exact
limitation
power
government
take
private
property
public
uses
respect
constitutional
provisions
nature
well
said
justice
bradley
speaking
boyd
sup
unconstitutional
practies
get
first
footing
way
namely
silent
approaches
slight
deviations
legal
modes
procedure
obviated
adhering
rule
constitutional
provisions
security
person
property
liberally
construed
close
literal
construction
deprives
half
efficacy
leads
gradual
depreciation
right
consisted
sound
substance
duty
courts
watchful
constitutional
rights
citizen
stealthy
encroachments
thereon
motto
obsta
principiis
language
used
fifth
amendment
respect
matter
happily
chosen
entire
amendment
series
negations
denials
right
power
government
last
one
point
beling
shall
private
property
taken
public
use
without
compensation
noun
standing
carries
idea
equivalent
thus
speak
damages
compensation
compensatory
damages
distinguished
punitive
exemplary
damages
former
equivalent
injury
done
latter
imposed
way
punishment
adjuective
omitted
provision
simply
property
taken
without
compensation
natural
import
languale
compensation
equivalent
property
made
emphatic
adjective
view
combination
two
words
doubt
compensation
must
full
perfect
equivalent
property
taken
compensation
noticed
property
owner
every
clause
fifth
amendment
personal
person
shall
held
answer
capital
otherwise
infamous
crime
etc
instead
continuing
form
statement
saying
person
shall
deprived
property
without
compensation
personal
element
left
compensation
full
equivalent
property
taken
excludes
taking
account
element
compensation
supposed
benefit
owner
may
recieve
common
public
uses
private
property
appropriated
leaves
stand
declaration
private
property
shall
appropriated
public
uses
unless
full
exact
equivalent
returned
owner
refer
case
portion
tract
taken
express
opinion
vexed
question
extent
benefits
injuries
portion
taken
may
brought
consideration
question
may
arise
possibly
case
seven
locks
dams
belonging
navigation
company
situated
fairly
considered
one
property
matter
respect
record
us
furnishes
positive
evidence
seems
assumed
lock
dam
constitute
separate
structure
separate
property
thoughts
suggested
pertinent
case
legislation
congress
seems
assumed
right
determine
shall
measure
compensation
judicial
legislative
question
legislature
may
determine
private
property
needed
public
purposes
question
political
legislative
character
taking
ordered
question
compensation
judicial
rest
public
taking
property
congress
legislature
representative
say
compensation
shall
paid
even
shall
rule
compensation
constitution
declared
compensation
shall
paid
ascertainment
judicial
inquiry
charles
river
bridge
warren
bridge
pet
justice
mclean
opinion
referring
provision
compensation
found
charter
warren
bridge
uses
language
legislature
provide
new
company
shall
pay
annually
college
behalf
old
one
hundred
pounds
provision
appears
legislature
undertaken
jury
country
constitutionally
amount
compensation
complainants
entitled
see
also
following
authorities
com
pittsburg
pennsylvania
baltimore
md
isom
mississippi
cent
miss
last
cases
page
found
observations
right
legislature
state
law
apply
property
citizen
public
use
constitute
judge
case
determine
compensation
pay
therefor
much
benefit
conferred
upon
citizen
thus
taking
property
without
consent
extinguish
part
prospective
conjectural
advantage
manner
interfere
powers
province
courts
juries
administrating
right
justice
moment
admitted
tolerated
constitution
anything
clear
undeniable
upon
principles
natural
justice
constitutional
law
seems
must
therefore
concluded
declaration
act
franchise
collect
tolls
considered
estimating
sum
paid
property
shall
compensation
lock
dam
determined
full
equivalent
therefor
demand
value
property
generally
speaking
determined
productiveness
profits
use
brings
owner
various
elements
enter
matter
value
among
may
notice
natural
richness
soil
two
neighboring
tracts
one
may
fertile
barren
one
situated
susceptible
easy
use
requiring
much
labor
large
expense
make
fertility
available
neighborhood
centers
business
population
largely
affects
values
property
near
center
large
city
may
command
high
rent
property
character
remote
therefrom
wanted
commands
small
rental
demand
use
another
factor
commerce
monongahela
river
appears
testimony
offered
great
demand
use
lock
dam
constant
precisely
similar
property
stream
commerce
light
naturally
less
value
demand
use
less
value
therefore
determined
mere
cost
construction
completed
structure
brings
way
earnings
owner
separate
use
one
property
others
owner
entitled
reasonable
compensation
number
amount
uses
determines
productiveness
earnings
property
therefore
largely
value
property
belonging
monongahela
company
rightfully
company
may
justly
demand
every
one
making
use
compensation
take
property
deprives
aggregate
amount
compensation
otherwise
continue
receive
amount
compensation
separate
use
particular
property
may
charged
sometimes
fixed
statute
gives
authority
creation
property
sometimes
determined
reasonably
worth
sometimes
purely
private
property
devoted
private
uses
matter
rests
arbitrarily
owner
case
property
devoted
public
use
amount
compensation
subject
determination
state
pennsylvania
state
authorized
creation
property
prices
may
exacted
legislative
grant
authority
tolls
tolls
nature
case
must
enter
largely
determine
matter
value
case
montgomery
schuylkill
bridge
atl
condemnation
bridge
belonging
bridge
company
sought
said
bridge
structure
stone
iron
wood
portion
property
owned
bridge
company
taken
county
franchises
company
including
right
take
toll
effectually
taken
bridge
hence
measure
damages
mere
cost
building
bridge
deprive
company
compensation
destruction
franchises
latter
taken
without
compensation
tangible
corporeal
property
value
necessarily
depends
upon
productiveness
yield
money
return
expenditures
possess
little
present
value
however
yield
revenue
expenses
possess
present
value
amount
depends
measure
upon
excess
revenue
hence
manifest
income
bridge
necessary
proper
subject
inquiry
jury
property
taken
away
owners
whole
value
must
paid
value
depends
largely
upon
productiveness
property
franchise
take
tolls
absence
congressional
action
state
pennsylvania
power
either
acting
corporation
chartered
improve
navigation
river
means
locks
dams
also
authorize
exaction
tolls
use
improvements
matters
upon
dispute
view
many
decisions
closely
point
willson
marsh
pet
pound
truck
huse
glover
sup
sands
improvement
sup
first
cases
appeared
marsh
company
incorporated
act
general
assembly
delaware
authorized
construct
dam
across
blackbird
creck
navigable
stream
within
territorial
limits
state
pursuance
authority
construct
dam
navigation
stream
obstructed
wilson
others
owners
sloop
regularly
licensed
according
laws
sloop
broke
injured
dam
sued
injury
owners
pleaded
dam
wrongfully
erected
obstructing
navigation
stream
sloop
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course
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came
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stream
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chief
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page
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act
execution
power
regulate
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state
legislation
small
navigable
creeks
tide
flows
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lower
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feel
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state
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dam
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power
regulate
commerce
dormant
state
conflict
law
passed
subject
case
pound
truck
appeared
dam
boom
placed
chippewa
river
authority
legislature
wisconsin
fact
plaintiff
suffered
injury
therefrom
established
defense
rightfully
justice
miller
speaking
page
uses
language
within
state
wisconsin
perhaps
many
small
streams
navigable
short
distance
mouths
one
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rivers
country
steamboats
whose
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water
carriage
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lumber
coal
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order
develop
greatest
utility
regard
often
essential
structures
dams
booms
piers
used
substantial
obstructions
general
navigation
less
rafts
barges
legislature
state
may
appropriately
confided
authority
authorize
structures
use
good
harm
impose
regulations
limitations
construction
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best
reconcile
accommodate
interest
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deduced
cases
recognizes
right
congress
interfere
control
matter
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may
deem
necessary
exercise
limited
power
may
safely
confided
local
legislature
huse
glover
comes
even
nearer
case
state
illinois
expense
several
hundred
thousand
dollars
constructed
locks
dams
illinois
river
purpose
improving
navigation
prescribed
rates
toll
paid
using
improvements
bill
filed
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exaction
toll
vessels
complainant
passing
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waters
river
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ordinance
government
northwest
territory
provided
navigable
waters
common
highways
forever
free
without
tax
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field
page
page
sup
said
exaction
tolls
passage
locks
compensation
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artificial
facilities
constructed
impost
upon
navigation
stream
provision
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streams
highways
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tax
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duty
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natural
state
contemplate
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means
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tolls
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wharves
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facilitate
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persons
freight
taking
board
repair
vessels
state
interested
domestic
well
interstate
foreign
commerce
conducted
illinois
river
increase
facilities
thus
augment
growth
full
power
judgment
congress
action
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encroach
upon
navigation
river
means
interstate
foreign
commerce
body
may
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control
supersede
opinion
state
greater
benefit
result
commerce
improvements
made
leaving
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natural
state
point
state
must
necessarily
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may
authorize
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increased
inconvenience
expense
may
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business
individuals
highways
state
whether
land
water
shall
best
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public
good
matter
state
determination
subject
always
right
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interpose
cases
mentioned
last
cases
manistee
river
improved
authority
legislature
state
michigan
tolls
exacted
use
improved
water
way
find
opinion
page
page
sup
internal
commerce
commerce
wholly
confined
within
much
control
foreign
interstate
commerce
control
general
government
encourage
growth
commerce
render
safe
may
provide
removal
obstructions
rivers
harbors
deepen
channels
improve
ways
said
county
mobile
kimball
free
navigation
waters
permitted
laws
impaired
system
improvement
navigation
provided
general
government
defeated
meet
cost
improvements
may
levy
general
tax
lay
toll
upon
use
rivers
harbors
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improvements
respect
like
wharves
docks
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facilitate
commerce
loading
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vessels
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glover
sup
regulations
tolls
charges
cases
mere
matters
administration
entire
control
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kindred
cases
gilman
philadelphia
wall
transportation
chicago
escanaba
transp
city
chicago
sup
cardwell
bridge
sup
bridge
hatch
sup
power
state
absence
congressional
action
obstruct
navigation
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bridges
across
navigable
streams
sustained
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cases
packet
keokuk
transportation
city
parkersburg
sup
power
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like
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border
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wharfage
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matter
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kellogg
union
thames
bank
lovell
may
referred
containing
satisfactory
discussions
question
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latter
case
page
acts
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rivers
constructing
roads
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rights
powers
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tolls
alone
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complaint
fair
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right
create
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commerce
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claims
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legislature
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corporation
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aid
powers
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construct
canals
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tolls
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passengers
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roads
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water
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highway
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purposes
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powers
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country
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navigable
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toll
levied
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receive
benefit
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navigation
principle
cases
stated
case
full
authority
state
pennsylvania
also
far
respects
particular
lock
dam
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implied
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act
march
making
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river
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provided
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navigation
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dam
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state
pennsylvania
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dam
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power
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say
lock
dam
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compensation
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improvement
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owner
navigation
company
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right
congress
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commerce
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national
government
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gilman
philadelphia
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mobile
kimball
bridge
miller
mayor
sup
wisconsin
duluth
bridge
hatch
sup
wisconsin
duluth
page
said
observed
preliminary
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government
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matter
us
whole
system
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lakes
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dividends
theretofore
declared
paid
provision
changed
section
act
june
require
payment
expenses
incurred
constructing
making
repairs
per
cent
per
annum
interest
little
need
said
reference
line
argument
understand
pennsylvania
ever
ruled
grant
lkie
mere
revocable
license
cases
referred
counsel
simply
permit
chartered
right
created
right
merely
improve
river
exact
tolls
use
improvement
right
created
act
incorporation
long
ago
settled
dartmouth
college
trustees
woodward
wheat
contract
set
aside
either
party
state
never
assumed
exercise
rights
reserved
charter
supplements
thereto
far
state
concerned
grants
franchises
remain
unchalleged
undisturbed
possession
navigation
company
state
never
transferred
even
possible
reserved
rights
government
latter
proceeding
assignee
successor
interest
otherwise
state
virtue
inherent
power
state
might
might
matter
question
though
doubtless
existence
reserved
right
take
property
upon
certain
specified
terms
may
often
perhaps
present
case
materially
affect
question
value
finally
suggestion
part
congress
proffer
proceedings
payment
terms
charter
supplementary
act
attempt
ascertain
amount
due
company
accordance
therewith
questions
presented
case
conclusions
navigation
company
rightfully
placed
lock
dam
monongahela
river
ownership
tangible
property
legally
held
place
vested
franchise
receive
tolls
use
franchise
much
vested
right
property
ownership
tangible
property
right
national
government
grant
power
regulate
commerce
condemn
appropriate
lock
dam
belonging
navigation
company
subject
limitations
imposed
fifth
amendment
private
property
shall
taken
public
uses
without
compensation
compensation
requires
payment
franchise
take
tolls
well
value
tangible
property
assertion
congress
purpose
take
property
destroy
state
franchise
judgment
therefore
reversed
case
remanded
instructions
grant
new
trial
justice
shiras
counsel
justice
jackson
member
time
argument
took
part
consideration
decision
case