Cardwell v. American Bridge Company

In Cardwell v. American Bridge Company, 113 U.S. 205, 208 (1885), it was held that a statute of California authorizing a bridge without a draw or opening for the passage of vessels to be constructed over a navigable water of the United States within that State was not - in the absence of legislation by Congress - to be deemed repugnant to the commerce clause of the Constitution. The court, referring to prior cases, said: "In these cases the control of Congress over navigable waters within the States so as to preserve their free navigation under the commercial clause of the Constitution, the power of the States within which they lie to authorize the construction of bridges over them until Congress intervenes and supersedes their authority, and the right of private parties to interfere with their construction or continuance, have been fully considered, and we are entirely satisfied with the soundness of the conclusions reached. They recognize the full power of the States to regulate within their limits matters of internal police, which embraces among other things the construction, repair and maintenance of roads and bridges, and the establishment of ferries; that the States are more likely to appreciate the importance of these means of internal communication and to provide for their proper management, than a government at a distance; and that, as to bridges over navigable streams, their power is subordinate to that of Congress, as an act of the latter body is, by the Constitution, made the supreme law of the land; but that until Congress acts on the subject their power is plenary. When Congress acts directly with reference to the bridges authorized by the State, its will must control so far as may be necessary to secure the free navigation of the streams." The doctrines of that case were reaffirmed in Huse v. Glover, 119 U.S. 543 (1886).