United States v. Bellingham Bay Boom Co.’s Empirical Analysis

Citation profile

20 federal appellate · 4 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 66 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “That the creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, * * * is hereby prohibited.”

   2 later decisions quote this exact passage · from the majority
   e.g. Sanitary District of Chicago v. United States · United States v. Republic Steel Corporation, United States of America v. International Harvester Company, United States of America v. Interlake Iron Corporation

2. ““Congress, it must be assumed, was aware of the fact that until it acted upon the subject of navigable streams, which were entirely within the confines of a single state, although connecting with waters beyond its boundaries, such state had plenary power over the subject of that navigation, and it knew that, when in the absence of any statute of Congress on the subject an obstruction to such a navigable river had been built under the authority of ,an act of the Legislature of the state, such obstruction was legal and affirmatively authorized by law, because it was so authorized by the law of a state at a time when Congress had passed no act upon the subject. When Congress in 1890 passed the river and harbor bill, we think the expression contained in section 10 in regard to obstructions ‘not affirmatively authorized by law’ meant not only a law of Congress, but a law of the state in which the river was situated, which had been passed before Congress had itself legislated upon the subject. An obstruction created under the authority of a state statute under such circumstances we cannot doubt was an obstruction ‘affirmatively authorized by law.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Hubbard v. Fort

3. ““Such corporations shall have power and are hereby authorized in any of the waters of this state, or the dividing waters thereof, to construct, maintain and use all necessary sheer or receiving booms, dolphins, piers, piles, or other structure necessary or convenient for carrying on the business of such corporations: provided, that such boom or booms, sheer booms or receiving booms shall be so constructed as to allow the free passage between any of such booms and the opposite shore for all boats, vessels or steam craft of any kind whatsoever or for ordinary purposes of navigation.””

   1 later decision quote this exact passage · from the majority
   e.g. United States v. Wishkah Boom Co.