Studies in Australian Constitutional Law

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the boundaries of a State is necessarily within the (a) See Carter v. Thurston, 58 N.H., 104; and The Montello, 20 Wall., 430, 441.
(6) Veazie v. Moor, 14 How., 568.
(c) Huse V. Glover, 119 U.S., 543 ; Sands v. Manistee River Imp. Co., 123N.S.,'288.
(d) Conway v. Taylor, 1 Black, 603 ; Wiggins Ferry Co. v. East St. Louis, 107 V.S., 365.
108 FEDERAL CONTROL OF RIVERS.
legislative power of the State, because the river is a part of the territory of the State, and the State may- authorise the erect
...ion of bridges over it, or other public facilities for travel, or trade, or industry, which do not substantially obstruct foreign or inter-state com- merce. But in all such cases, apart from the restriction imposed upon the Parliament of the Commonwealth by section 100 of the Constitution, the jurisdiction of the State is subject to the paramount legislative power of the Commonwealth to regulate the use of every river that is capable of being used as a medium of foreign or inter-state commerce, and the decisions of the Federal Courts in the United States of America support the proposition that the power of the Parlia- ment of the Commonwealth to control the use of navigable rivers as channels of commerce includes the power to improve their navigation and to declare what shall be deemed to be obstructions, and to require their removal (a).

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