Little Falls herald. [volume] (Little Falls, Morrison County, Minn.) 1889-1950, 1913-07-04
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SETTLED BY
Highest Tribunal Gives Con-
gress Absolute Control Over
NaviqabIe Streams.
'"HAT the running water in q
great navigable stream is ca
pable Of private ownership is

pa Die OF private ownership IS
uncomfortable" This sentence
is perhaps the backbone Of momen-
tous decision Of the supreme court Of
the United States, so farreaching in its
effects upon the subject Of water pow
er in this country and so encouraging
to the movement for the conservation
Of the public control over water pow
.er generated or capable Of being gen.
Grated in streams declared under the
authority of congress to be navigable
that it is surprising that the decision
has attracted so little public atten-
ton.
Conservationists hold the decision
to have destroyed the arguments urg-
ed by the ''anti-federalists" during the
long controversy over the Connecticut
and Coosa river dam bills in the last
congress and to have established prin-
ciples applicable to the Hudson river
dam at Troy, and all similar situa-
tons, actual or potential, in navigable
streams throughout the country. Not
only does it apply to streams already
recognized as navigable, but to those
which river and harbor legislation in
future may make actually or nominal
ly navigable. 1t has further general
application to water storage and flood
control projects Of the government.
The essential point settled by the
case is that ownership Of land on the
banks of the river involves no vested
right in the flow of the river, no right
to place in it works calculated to make
use Of the flow and no valid basis for
a claim to ian element of value which
GIG net tnhere IL the parcels Of land"
No claim can be made IL such works
are destroyed or rendered useless, and
water power or other enhancement Of
value created by government construc-
ton Of dams or other works does not
belong necessarily to the riparian own
erS. >-ns-ss.s.
Salient Points Of the Decision
Some of the salient points of the
decision are: r.~..5
so unfettered is the control Of con-
gress oyer the navigable streams of
the country that it's judgment as to
whether construction in or over such
river Is or is not an obstacle and
to navigation is conclusive"
THE flow of the stream is in no
sense private property, and there is no
room for judicial review of the iudg-
ment Of congress that the dow Of the
river Is not in excess Of any possible
need OF navigation or for determine
lion that, If in excess, the riparian
'Wners had any private property right
n such excess which mist be paid for !
I they have been excluded from the
lse of the same"
ownership of a. private stream
Wholly upon tue lands OF an Individual
8 conceivable, but that tie running
water In great navigable stream is
apable OF private ownership is fncon- (
eivable."
The court below erred iM awarding |
ny sum for the value of what is called
Jaw water'-that Is, the present mon
Y value of the pRpids and falls to the
handler Dunbar Company as riparian
wners of the shore and appurtenan6 |
ubmerged land" |
Neither can consideration be given
} probable advancement in the value
such riparian property by reason Of
.e works to be constructed in the riv-
bY the government or the use to
lichAthe flow of the stream might be
rectad by the government |
''1he value should be fixed as of the
,te.of the proceedings and with refer
ace, to the loss the owner sustains,
the property in its condi-
on and situation at the time it is TAX !
n and no. IS enhanced by the pur-
ose :sof which 1t Is taken.
Power Of Congress Absolute.
IN general substance the court holds
hat the power Of congress oyer navi.
1a6le streams Is absolute; that IN all
respects the power OF the
state. while undenied, Is secondary =
the power Of congress; that the exist
ing power Of congress and the tact
that permits from the secretary OF war
are a prerequisite to the construction
of any work on navigable river quar-
ifv the title Of those avafling them
selves of permission to use such water
W0MEN'S FEET ALL WRONG.