OCR Text |
Show -79- the laws of the respective States relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right accrued therein." 162a In 1917* Congress extended its consent and invited Minnesota, North Dakota and South Dakota, or any two of them, to make any compact "to aid in improving navigation and to prevent and control floods on boundary waters of said States and the waters tributary thereto" l63 in 1918 approved a compact between Minnesota and Wisconsin fixing their boundary in a section of the Mississippi River; 1614. and in 1921 gave further approval to an adjustment of rights and jurisdiction over boundary waters between Minnesota and South Dakota, and also extended an advance consent to Minnesota, Wisconsin, Iowa, North Dakota, South Dakota and Nebraska, or any two or more of these States, ". » » to determine and settle the jurisdiction to be exercised by said States, respectively, over offenses arising out of the violation of the laws of any of said States upon any of the waters forming the boundary lines between any two or more of said States, or water through which such boundary line extends."165 In 1919* Congress acquiesced in a compact between New York and New Jersey providing for the construction of a tunnel under the Hudson River from the one State to the other ^o and two years later, similar congressional consent was given to perfect a most elaborate compact between these two States succeed- ing or supplementing their "treaty" of the year 1834. and creating the "Port of New York District" under the "Port of New York Authority, a body corporate and politic" created by the two States and having very extensive governing powers over New York Bay, Hudson River and adjacent waters. This is perhaps the greatest achievement yet accomplished under the reserved treaty-making to "ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes." Arizona was admitted into the Union in the year 1912. Proclamation of* Feb. 14, I912, 37 Stat. at L. 1728. ^^Act of June 10, 1920-, c. 285, kl Stat. at L. IO63. The Supreme Court refused to pass upon the constitutionality of this act in New Jersey v. Sai-gent, 269 U.S. 328, I4.6 Sup. Ct. 122, 70 L. Ed.- 289 (1926), and granted a motion to strike from the bill of complaint a paragraph referring to it in New York v. Illinois, 27U U.S. I4B8, 1*7 Sup. Ct. 661, 71 L. Ed. 116U (1927). The principle declared is that a State is not entitled to invoke the jurisdiction of the Court .upon a mere apprehension of future injury which may never happen. There must be an existing invasion of the rights of the complaining.State at the time suit is brought, or a real injury either existing or immediately threat- ened, before the Court will act. "^Rivers and Harbors Appropriation Act of Aug. 8, 1917, c. i$, ij.0 Stat. at L. 250, 266. l6^Act of Sept. 13, 1918, c. 172, U0 Stat. at L. 959. l65Act of Mar. U, 1921, c. 176, kl Stat. at L* li+ltf. i^Act of July 11, 1919, c. 11, 1*1 Stat. at L. .158. Consults N.Y. Oen. Laws 1919, c* 178; N.J. Laws 1918, cc. I4.9 and 50; N.J. Laws 1919, o. 70. |