Power of Federal Government to Acquire Lands for National Forest Purposes ... Views of the Members of the Judiciary Committee

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If Congress has the power, as this opinion declares, to legislate against obstructions that interfere with the ''navigable capacit}^" of navigable streams "wherever done, or however done, within the limits of the United States," and regardless of whether done in the navigable por- tions of such streams, why has not Congress an equal power to legislate in the same way to increase the '"'■ navigable capacity " of such streams?
If it be a fact that denuding the mountains of their forest results in
... filling up the navigable streams in their navigable portions with silt, dirt, or d6bris, causing obstructions therein, why has not Congress the same power to prevent the formation of such obstructions that it has to remove such obstruction after they have been formed? If Congress has the power to remove a dam, placed far above the navigable portion of a navigable stream, because it is an obstruction to the navigable LANDS FOR NATIONAL FOREST PURPOSES. 29 portion of the stream, in that it decreases the flow of water, why has not Conoress equal power to remove any other obstructions in the stream at any point between tiie ending of navigation and the source of the stream, if such obstruction decreases the flow of water in the navigable portion of such stream?

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