Rufus Wheeler Peckham

“ The power of Congress to pass laws for the regulation of the navigation of public rivers, and to prevent any and all obstructions therein, cannot be questioned. When Congress chooses to act, it is not concluded by anything that the states or that individuals by their authority or acquiescence have done, from assuming entire control of the matter, and abating any obstructions that may have been made, and preventing any others from being made except in conformity with such regulations as it may impose. The ultimate power of Congress over the whole subject is undoubted. ”

“ When the Attorney General, therefore, acts under the authority conferred by this statute, he has the right to call upon the court, upon proper proofs being made, to enjoin the continuance of any obstruction not authorized by the statute, and the court has jurisdiction, and it is its duty, to decide the question whether the existing obstruction is or is not affirmatively authorized by law. In such inquiry the court is bound to decide whether the boom as existing is authorized by any law of the state, when such law is claimed to be a justification for its creation or continuance. ”

“ The circuit court was of opinion that as the chief value of the Nooksack river as a highway is for the floating of saw logs, that persons and corporations having to use it for that purpose have rights equal to the rights of others to use the river for a highway for boats and vessels, and that a boom at the mouth of the river being necessary for gathering and holding logs is to be regarded as an aid to the use of the river for a lawful purpose, and entitled to protection, the same as a wharf or pier constructed at a place for the convenience of vessels ”