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Show -75- Whether, the Root treaties with Mexico and Carada brought to the attention of the American States the possibilities of their reserved treaty-making power under the federal constitution, or whether this result followed from the general development of the United States, may be open to conjecture. But cer- tain it is that from the year 1910 to the present, there has been a plenitude of water compacts, completed or proposed, between the States such as marked no other period of American history. And more frequent suits between the States over sovereign rights in interstate waters have followed the making, or failure to make, such compacts. It will not be practicable, therefore, to continue this review from the year 1910 with quite the same chronological fidelity which has been observed thus far* In that year Congress gave its consent to Washington and Oregon for re- arrangement of their common boundary line in the Columbia River; and a few years later those States came back to Congress with a joint request for its consent to a compact governing fisheries in the stream, which "shall act as a treaty between said States, subject to modification by joint agreement of said States." The requested consent was promptly given by Congress; and a con- dominium of the two States now governs the very important fisheries of the Columbia River, the course of which marks the adjusted boundary line between, these States,1^ By the Act of March 1, 1911» Congress in a broad general consent invited the making of compacts between the States so as fisheries within the boundaries of the States, Smith v. Maryland, 18 How, (U.S.) 71, 15 L, Ed. 269 (1855); consult also page 476 of Constitution of the United States of America as Amended to January 1, I923, Government Print- ing Office, and authorities there cited. I56 For congressional approval of the boundary .adjustment, consult Joint Res* of June 10, 1910, 36 Stat. at L. 681, The request of these States for the consent of Congress to a "treaty" between them appears in $6 Congressional Record, 1+3&1» The requested congressional consent is found in the Joint Resolution of April 8, 1918, c. Ltf, }+0 Stat. at L. 5I5, where the treaty is set forth, as follows: "All laws and regulations now existing, or which may be necessary for regulating, protecting or preserving fish in the waters of the Columbia River, over which theStates of Oregon and Washington have concurrent jurisdiction, or any other waters within either of said States, which would affect said concurrent jurisdiction, shall be made, changed, altered, and amended in whole or in part only with the mutual consent and approbation on both States," Consulti Ore* Gen* Laws I915, c. 188, Par* 20; Wash, Laws, 1915, c. 31, Par. 116* This compact has been before the United States Supreme Court in Olin v • Kitzmiller, 259 U.S. 260, Ifi Sup. Ct. 510, 66 L. Ed. 930 (1922), aff'g 268 Fed. 3ij8 (CCA. 9th Cir. 1920); McGowan v. VanYfinkle, 277 U.S. 57^, I48 Sup • Ct. U35» 72 L> Ed. 995 (1928), aff'g 21 Fed. (2d) 76 (D.C. Ore, 1927). |