te" federal legislation in the
field, but it was asserted that the Washington statute filled a gap.
"The principle is thoroughly established," said Chief Justice Hughes for
the Court, "that the exercise by the State of its police power, which
would be valid if not superseded by federal action, is superseded only
where the repugnance or conflict is so 'direct and positive' that the
two acts cannot 'be reconciled or consistently stand together.'"[849]
And in Bob-Lo Excursion Co. _v._ Michigan,[850] the Court, elbowing
aside a decision of many years standing,[851] ruled that the commerce
clause does not preclude a State, in the absence of federal statute or
treaty, from forbidding racial discrimination by one carrying passengers
by vessel to and from a port in the United States to an island situated
in Canadian territory.

BRIDGES, DAMS, FERRIES, WHARVES

The holding in Willson _v._ Blackbird Creek Marsh Co.[852] has been
invoked by the Court many times in support of State legislation
permitting the construction across navigable streams of dams, booms, and
other shore protections,[853] as well as in support of State legislation
authorizing the erection of bridges and the operation of ferries across
such streams.[854] Bridges, it is true, may obstruct some commerce, but
they may more than compensate for this by aiding other commerce.[855] In
Justice Field's words in Huse _v._ Glover,[856] it should not be
forgotten that: "the State is interested in the domestic as well as in
the interstate and foreign commerce conducted on the Illinois River, and
to increase its facilities, and thus augment its growth, it has full
power. It is only when, in the judgment of Congress, its action is
deemed to encroach upon the navigation of the river as a means of
interstate and foreign Commerce, that that body may interfere and
control or supersede it. * * * How the highways of a State, whether on
land or by water, shall be best improved for the public good is a matter
for State determination, subject always to the right of Congress to
interpose in the cases mentioned."[857] The same principle applies to
the construction of piers and wharves in a navigable stream,[858] as
well as to harbor improvements by a State for the aid and protection of
navigation;[859] and reasonable tolls may be charged for the use of
such aids, and reasonable regulations laid down governing their
employment.[860]

Ferries

A State may license individuals to