Manigault v. S. M. Ward & Co.

Citations

• 123 F. 707
• 1903 U.S. App. LEXIS 4935

Syllabus

<p>1. Jurisdiction of Federal Courts—Federal Question—Sufficiency of Allegations.</p> <p>A Circuit Court has jurisdiction of a suit on the ground that it arises under the Constitution of the United States, where it appears from the allegations of the hill that the claim is made in good faith that an act of the Legislature under which defendants are proceeding to do the acts sought to be enjoined is in violation of the federal Constitution, although other grounds of invalidity are also alleged, and where it is further alleged that complainant will sustain damages, direct and consequential, by reason of the threatened action, in excess of $2,000.</p> <p>2. Navigable Waters of United States—Streams—Public Highway.</p> <p>To render a stream wholly within a state a navigable water of the United States, it must not only connect with some other waterway by means of which interstate or foreign commerce may be carried on, but must be a- public highway having another terminus or landing, which is or may be used by the public.</p> <p>¶ 1. Jurisdiction of United States courts in cases involving federal question, see notes to Bailey v. Mosher, 11 C. C. A. 308, and Montana Ore Purchasing Co. v. Boston & M. Consol. Copper & Silver Min. Co., 35 C. C. A. 7.</p> <p>8. Navigable Waters of State—Laws of South Carolina.</p> <p>Such a stream, which has no public terminus except at its outlet, is not a public highway under the Constitution and statutes of South .Carolina.</p> <p>4. Water Courses—Right of Navigation—Riparian Owners.</p> <p>The ownership of a plantation on a stream' opposite the mouth of a creek gives no right in the navigation of the creek as a riparian proprietor thereon.</p> <p>5. Statutes—Validity—Manner of Passage.</p> <p>Under the Constitution of South Carolina one Legislature possesses no power to bind a succeeding one by prescribing prerequisite conditions to the entertaining or passage of bills, and a court cannot declare an act which is duly authenticated invalid