Charles Evans Hughes

“ It appeared that the Arrow River & Tributaries, Slide & Boom Company, Limited, had been incorporated in 1922 under the Ontario Companies Act, [11] for the purpose of acquiring or constructing dams, booms and other works to facilitate the transmission of timber down the Arrow river, and its tributaries, and that part of the Pigeon river which is within the Province of Ontario; and that the company had acquired title to, and had extended, works which had been erected by a former corporation formed in 1899 with the same shareholders and directors and with similar objects. ”

“ In the absence of a violation of treaty, or of conflict with an act of the Congress, there can be no doubt as to the power of the state to establish such an aid to commerce. An undertaking of this character by the state falls within the familiar category of cases in which a state may make reasonable provision for local improvements until its authority is superseded by dominant Federal action. [13] The fact that the stream forms part of the international boundary does not make this principle inapplicable. ”

“ Pigeon River Improvement, Slide & Boom Company, a Minnesota corporation, brought this action against Charles W. Cox, Limited, a Canadian corporation, to recover tolls for the use of improvements which the Minnesota corporation had made in the Pigeon river. These improvements embraced sluiceways, booms, and dams, which were used by the defendant in driving, sluicing, and floating timber products. The case was removed to the Federal court, a demurrer to the amended complaint was sustained without leave further to amend, and the judgment of dismissal was affirmed by the Circuit Court of Appeals. ”

“ Under this decision in Canada and that of the Circuit Court of Appeals, we have the extraordinary situation that as to these improvements at the same place on the boundary stream-improvements necessarily complementary to each other-the Ontario Company may impose charges upon Citizens of the United States for the use of its works on the Canadian side of the line while the Minnesota Company may not charge citizens of Canada for the use of its corresponding works on the Minnesota side. ”

“ In deciding the instant case, we think that there are controlling considerations which make it unnecessary to pass broadly upon the significance of the words 'free and open' in provisions in treaties relating to the use of navigable streams-a phrase which with different contexts has been repeatedly used in international engagements. ”

“ In Mr. Webster's communication to Lord Ashburton of July 27, 1842, summarizing the understanding which had been reached as to the boundary and setting forth the proposed stipulation as to water communications and portages which was incorporated in the treaty as above quoted, he said: 'The broken and difficult nature of the water communication from Lake Superior to the Lake of the Woods renders numerous portages necessary ”