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UNITED STATES v. DOUGHTON

No. 3321.

62 F.2d 936 (1933)

UNITED STATES v. DOUGHTON et al.

Circuit Court of Appeals, Fourth Circuit.

January 10, 1933.

Attorney(s) appearing for the Case

J. Frank Staley, of Washington, D. C. (W. H. Fisher, U. S. Atty., of Clinton, N. C., on the brief), for the United States.

Charles Ross, of Raleigh, N. C. (Dennis G. Brummitt, Atty. Gen., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and PAUL, District Judge.

PARKER, Circuit Judge (after stating the facts as above).

The regulatory power of the federal government over the navigable waters of the United States rests upon section 8, subd. 3 of article 1 of the Constitution, which authorizes Congress "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Gibbons v. Ogden, 9 Wheat. 1, 194, 6 L. Ed. 23. And it is well settled that the power of Congress over waters which are susceptible...

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