by John Marshall Harlan

“ And nowhere could the power to control the bridges in that city, their construction, form, and strength, and the size of their draws, and the manner and times of using them, be better vested than with the state, or the anthorities of the city upon whom it has devolved that duty. ”

“ The general proposition upon which the plaintiffs base their right to relief is that the United States, by the acts of Congress referred to, and by what has been done under those acts, has taken 'possession' of Calumet river, and, so far as the erection in that river of structures such as bridges, docks, piers, and the like is concerned, no jurisdiction or authority whatever remains with the local authorities. ”

“ They are the first to see the importance of such means of internal communication, and are more deeply concerned than others in their wise management. Illinois is more immediately affected by the bridges over the Chicago river and its branches than any other state, and is more directly concerned for the prosperity of the city of Chicago, for the convenience and comfort of its inhabitants, and the growth of its commerce. ”

“ But we will not at this time make any declaration of opinion as to the full scope of this power, or as to the extent to which Congress may go in the matter of the erection, or authorizing the erection, of docks and like structures in navigable waters that are entirely within the territorial limits of the several states. Whether Congress may, against or without the expressed will of a state, give affirmative authority to private parties to erect structures in such waters, it is not necessary in this case to decide. ”

“ That the parties, plaintiffs and defendant, are citizens of the same state is not sufficient to defeat the jurisdiction; for by the act of March 3d, 1887, chap. 373, as corrected by the act of August 13th, 1888, chap. 866, the circuit courts have jurisdiction, without reference to the citizenship of the parties, of suits at common law or in equity arising under the Constitution or laws of the United States. ”