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Show -7- Two other modes cf adjustment have their source in consitutional provi- sions. Through jurisdiction over "Controversies between two or more States'1 23 the Supreme Court is building up a body of law for the settlement of inter- state problems susceptible of judicial disposition. 24 Finally, the Constitu- tion authorized a State to "enter into any Agreement or Compact with another State" with" the consent of Congress.."25 Although on very restricted occas- ions, availed of from the beginnings the pressure cf modern interstate prob- lems has revealed the rich potentialities of this device. Constitutional problems raised by this mechanism of State compacts are the concern of this essays to devise a scheme looking towards the acquisition and administration by the United States of the Palisades as a national park. N. Y. Laws, 1895, ch* 97? N» J, Laws, 1895 ch. 415 p. 302. In accordance with this plan, New Jersey passed an aot ceding jurisdiction over the park to the United States. N. J* Laws, 1896* ch» 23* p* 47 The United States, however, failed to undertake the administration of this park, and the act was repealed N J laws. 1905* ch* 56 p» 91« Consequently, in 1900 both States enacted statutes authoriz- ing the appointment of ten commissioners by each Governor, and creating this commission into na body politic" with power to acquire and condemn lend for the purposes of the park* Out of these ten commissioners, only five are required to be residents of the State* and each Governor is thus at liberty to appoint five commissioners who are residents of a different State. No Yo Laws* 1900, cho 170, as amended by N* Y» Laws, 1901* ch* 50I+J N» Y. Laws^ 1906, ch* 691; No Y* Laws 1910, cho 361; N* Y. Laws, 1917* oh. 251j N* J* Laws, 1900, ch, 87, as amended by N* J, Laws, 1901, ch. 112; lh J* Laws* 1916* ch. 81. The practical result is that each Governor appoints five mem- bers to the commission from the other State, who have already been appoint- ed by the other* Governor* Thus* a single commission of ten members con- stitutes the administrative body with control over the area of the park em- bracing a section of both New York and New Jersey* See Annual Report of the Commissioners of Palisades Interstate Park (192U) passim* 23u. S. Const* Art* III, Sec. 2* • 24Smith3 The American Supreme Court as an International Tribunal (1920); Caldwell, The Settlement of Inter-Stato Disputes (1920) II4 Am» Journal Int. L* 38« ¦ 25The Constitution puts this power negatively in order to express the limitation imposed upon its exercise* By putting this authority for State action in a section dealing with restrictions upon the States, the signifi- cance of what was granted has probably been considerably minimize do The entire applicable provisions of the Constitution, contained in Section 10 of Artiole I, follow? No State shall enter into any Treaty, Alliance or Confederation . . • No State shall * without the Consent of Congress, • » enter into any Agreement or Compact with another State .... • The Constitution of the Confederate States adopted the provisions of the United States Constitution on this subject with interesting modifica- tions. The relevant clauses (Art. 1, Sec. 10) of the Confederate Constitu- tion follow? |