North Shore Boom and Driving Company v. Nicomen Boom Company

Citations

• 212 U.S. 406
• 29 S. Ct. 355
• 53 L. Ed. 574
• 1909 U.S. LEXIS 1823

Syllabus

<p>A State, in the absence of any statute by Congress, has plenary power in regard to navigable streams wholly within its boundaries; and obstructions in such streams,' in the absence of statute, constitute no offense against the United States, and whether obstructions are unlawful under state law is not a Federal question. Willamette Iron Bridge Co. v. Hatch, 125 U. S. 1.</p> <p>Where a Federal law is applicable requiring consent of the Federal Government’ there, is concurrent or joint jurisdiction of the state and National governments over the erection of structures obstructing navigation of a navigable stream wholly within a State. Cummings v. Chicago, 188 U. S. 410'; Montgomery v. Portland, 190 U. S. 89.</p> <p>Section 10 of the River and Harbor Act of March 3, 1899, c. 425, 30 Stat. 1151, alters § 7 of the River and Harbor Act of September 19, 1890, c. 907, 26 Stat. 454, and prohibits obstructions in navigable - waters of the United States not affirmatively authorized by Congress, and whether the State has assented to such obstructions remains with the State alone and is not a Federal question reviewable by this court' under § 709, Rev. Stat.</p>