Evening star., 1955-11-06


viduals who fiout commission
recommendations. but only with the
consent of the State where pollu-
ton originates or upon the request
Of the State where pollution causes
injury.
Mony Similor Situations
Water use and pollution prob
lens are. of course, not unique to
the Potomac. The Potomac is one
of 10 major river basins in the
United States, and virtually all Of
these river complexes have SIM
liar headaches.
Probably the most successful
method of dealing with such sit
uations, SO far, has been through
interstate compact, where a single
agency has been set up with suffi-
cient authority to control water
pollution and use throughout AN
area composed Of many jurisdic-
tons. Each jurisdiction is repre-.
sented on the governing agency.
Transportation troubles that
plagued the New York harbor area
for years furnish good example.
New York and New Jersey, their
political subdivisions and /. their
sscitizeris were constantly battling
each other. in court and out, over
Il their respective water interests.
Creation Of the Port of New York
Authority, representing both States,
has largely ended that strife. A
similar tri-State compact involving
New York. New Jersey and Com
necticut, controls the sewage dump
ing policy for the area.
Another type of interstate river
control can be found in the Colo
rado River compact which author
ICES the settlement of river-use
policies by the respective Stream
Commissions of the seven States
involved. These bodies, as agents
for the States. sit together on q
bilateral or multilateral basis, de-
pending on the problems under dis
ctission, and have authority to make
binding decisions within the terms
Of the compact.
Some such interstate authority
which can view the total" situation
and needs of the Potomac area and.
at the same time, actually control
the rivers use for sewage and water
purposes, would seem to be neces-
Sary here from q legal poii1t Of
view.
Congress OK Would Be Needed
A strong compact toward this
end. Joined in by Maryland, Vir-
ginia. the District and, perhaps.
West Virginia and PENNSYLVANIA,
would have to be approved by Con-
greSS. Under the Constitution mo
State shall, without the consent of
Congress -. enter into any agree
ment or compact with another
State )" But there are dozens
OF precedents for this kind OF thing.
with or without delegation Of real
authority. and there is little reason
to suppose Congress would turn
down a mutually agreeable plan
advanced in good faith.
However. some critics Of the
interstate idea, including Senator
Wayne Morse of Oregon, believe
that the Federal Government should
move in and take over. Senator
Morse has indicated that he will
sponsor legislation next year to
permit the Army Engineers to clean
up the Potomac.
1t seems likely that any Federal
action which does not provide for
State and local voice viii be in for
legislative battle. But so far as
the law is concerned. there is plenty
of authority on which Uncle Sam
could base q play to preempt the
field.
This authority includes:
/. The maritime jurisdiction Of
the United States which, consti-
tutionally. accrues to the national
Government. Ever since Chief
Justice Taney's 1851 decision in the
Genesee Chief case. this exclusive
jurisdiction has been extended to
navigable streams as well as ocean
and tidal areas.
2. The jurisdiction Of the United
States in all matters relating to
the District Of Columbia.
3. The authority of Congress over
Interstate commerce.
4. Health and quarantine powers
Of the United States. This authority.
which derives from the power of
Congress to tax and spend on be-
half of the general welfare, has
always been considered basic to
the national Government. Since
pollution and water use have, a
direct effect on health, as the Dis
trict's 1905 typhoid outbreak at
tests. Congress might act on this
ground
In brief, the legal as well as the
scientific means of cleaning up the
Potomac appear within reach. But
il the States don't ask Uncle Sam
for special authority to do the Job,
he may have to do 1t alone.