Monarch Mining Co. v. State Highway Commission

270 P.2d 738 (1954)

MONARCH MINING CO., et al.

v.

STATE HIGHWAY COMMISSION, et al.

No. 9377.

Supreme Court of Montana.

May 19, 1954.

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.

P…