MONARCH MINING CO. v. STATE HIGHWAY COMMISSION

No. 9377.

270 P.2d 738 (1954)

MONARCH MINING CO., et al. v. STATE HIGHWAY COMMISSION, et al.

Supreme Court of Montana.

May 19, 1954.


Attorney(s) appearing for the Case

William A. Brown, Helena, for appellant.

Arnold H. Olsen, Atty. Gen., Donald E. Gottwig, Sp. Asst. Atty. Gen., for respondent.


ADAIR, Chief Justice.

Appeal from a judgment of dismissal.

As an incident to its power to regulate commerce, Congress has jurisdiction over all navigable waters of the United States, Constitution of the United States, Article I, sec. 8. It may therefore control the construction of all bridges over such waters as possible obstructions to navigation.

Prior to 1946 much of the time of Congress was taken up by...

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