Huther v. United States

JONES, Chief Judge.

This case comes before us on the Government’s first defense which is in effect a motion to dismiss plaintiffs’ petition on the ground that it does hot state a claim upon which relief can be granted.

By the terms of section 9 of the act of March 3, 1899, 30 Stat. 1151, 1 it was made necessary to obtain the consent of Congress before any bridge, dam, dike or causeway could be constructed over or in any navigable waters of the United States.

A short time after such enactment Canada wished to construct a dam partly in American waters. It could not proceed with such construction…