Legal Opinion

Monarch Mining Co. v. State Highway Commission

Montana Supreme Court

Decided May 19, 1954No. 9377PublishedCited by 10 opinions

1Opinion of the Court

MR. CHIEF JUSTICE ADAIR:

Appeal from a judgment of dismissal.

*67As 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.

Prior to 1946 much of the time of Congress was taken up by discussion and action on separate bills every time a bridge over navigable waters was projected. The Seventy-ninth Congress passed and, on August 2, 1946, President Truman signed the…

2Cases cited14 opinions

  1. Sands v. Manistee River Improvement Co.Supreme Court of the United States · 1887
  2. Chovanak v. MatthewsMontana Supreme Court · 1948
  3. State v. McKinneyMontana Supreme Court · 1904
  4. Barth v. PockMontana Supreme Court · 1915
  5. Rider v. CooneyMontana Supreme Court · 1933

9 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. State Ex Rel. Burns v. LacklenMontana Supreme Court · 1955
  2. Taylor v. Department of Fish, Wildlife & ParksMontana Supreme Court · 1983
  3. Baker Sales Barn, Inc. v. Montana Livestock CommissionMontana Supreme Court · 1962
  4. Baker Sales Barn, Inc. v. Montana Livestock CommissionMontana Supreme Court · 1962
  5. Monarch Mining Co. v. State Highway CommissionMontana Supreme Court · 1954

5 more not listed; retrieve them via the Exa API.

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