FREE BOOKS

Author's List




PREV.   NEXT  
|<   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167  
168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   >>   >|  
vernment."[354] The Court answered: "In this case it is admitted that the steamer was engaged in shipping and transporting down Grand River, goods destined and marked for other States than Michigan, and in receiving and transporting up the river goods brought within the State from without its limits; * * * So far as she was employed in transporting goods destined for other States, or goods brought from without the limits of Michigan and destined to places within that State, she was engaged in commerce between the States, and however limited that commerce may have been, she was, so far as it went, subject to the legislation of Congress. She was employed as an instrument of that commerce; for whenever a commodity has begun to move as an article of trade from one State to another, commerce in that commodity between the States has commenced."[355] Turning then to counsel's _reductio ad absurdum_, the Court added: "We answer that the present case relates to transportation on the navigable waters of the United States, and we are not called upon to express an opinion upon the power of Congress over interstate commerce when carried on by land transportation. And we answer further, that we are unable to draw any clear and distinct line between the authority of Congress to regulate an agency employed in commerce between the States, when the agency extends through two or more States, and when it is confined in its action entirely within the limits of a single State. If its authority does not extend to an agency in such commerce, when that agency is confined within the limits of a State, its entire authority over interstate commerce may be defeated. Several agencies combining, each taking up the commodity transported at the boundary line at one end of a State, and leaving it at the boundary line at the other end, the Federal jurisdiction would be entirely ousted, and the constitutional provision would become a dead letter."[356] In short, it was admitted inferentially, that the principle of the decision would apply to land transportation; but the actual demonstration of the fact still awaited some years.[357] See _infra_. HYDROELECTRIC POWER As a consequence, in part, of its power to forbid or remove obstructions to navigation in the navigable waters of the United States, Congress has acquired the right to develop hydroelectric power, and the ancillary right to sell it to all takers. By a long-standing doctrine of Constitutio
PREV.   NEXT  
|<   143   144   145   146   147   148   149   150   151   152   153   154   155   156   157   158   159   160   161   162   163   164   165   166   167  
168   169   170   171   172   173   174   175   176   177   178   179   180   181   182   183   184   185   186   187   188   189   190   191   192   >>   >|  



Top keywords:
States
 

commerce

 

limits

 
agency
 

Congress

 

authority

 

transportation

 

commodity

 

employed

 

destined


transporting

 
interstate
 

boundary

 
engaged
 
admitted
 

navigable

 

answer

 

waters

 

United

 

brought


confined

 

Michigan

 

provision

 

extend

 

entire

 
constitutional
 

defeated

 

Federal

 

leaving

 

taking


combining

 

agencies

 
transported
 

Several

 

vernment

 

jurisdiction

 

ousted

 

navigation

 

acquired

 

develop


obstructions
 
remove
 

consequence

 

forbid

 

hydroelectric

 
ancillary
 

standing

 
doctrine
 
Constitutio
 

takers