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NEW JERSEY V. SARGENT, 269 U. S. 328 (1926)

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U.S. Supreme Court

New Jersey v. Sargent, 269 U.S. 328 (1926)

New Jersey v. Sargent

No. 20, Original

Submitted October 5, 1925

Decided January 4, 1926

269 U.S. 328


1. A bill by a state for an injunction against federal officers charged with the administration of a federal statute cannot be entertained by this Court where the bill does not show that any right of the state which, in itself, is an appropriate subject of judicial cognizance, is being or is about to be affected prejudicially by the application or enforcement of the Act, but seeks merely to obtain a judicial declaration that, in certain features, the Act exceeds the authority of Congress and encroaches upon that of the state. P. 269 U. S. 330.

2. The bill in this case, which seeks to draw in question the constitutionality of parts of the Federal Water Power Act in their relation to waters within or bordering on the complaining state, fails to present any case or controversy appropriate for exertion of the judicial power. P. 269 U. S. 334.

3. The power of Congress to regulate interstate and foreign commerce includes the power to control, for the purposes of such commerce, all navigable waters accessible to it and within the United States, and to that end to adopt all appropriate measures to free such waters from obstructions to navigation and to preserve, and even enlarge, their navigable capacity, and the authority and rights of a state in respect of such waters within its limits are subordinate to this power of Congress. P. 269 U. S. 337.

Bill dismissed. chanroblesvirtualawlibrary

Page 269 U. S. 329

On a motion to dismiss a bill filed by the State of New Jersey against the Attorney General of the United States and the members of the Federal Power Commission, all alleged to be citizens of other states, to enjoin the defendants from taking any steps to apply or enforce, in respect of waters within or bordering on New Jersey, certain provisions of the Federal Water Power Act. chanroblesvirtualawlibrary

Page 269 U. S. 330

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