Page:Federal Reporter, 1st Series, Volume 7.djvu/666

 ^051 v FEDBBAIi BE£OBTEB. �A. P. Laning, for Canada Southern Ey. Co. �J5. C. iSpra^we, for Interna tioaal Bridge Co. �Wallace, D. J. After fully considering the prelirainary questions presented on the argument I am of opinion that it ■cvas competent for congress to impose such conditions as in its discretion might seem proper coneerning the use and con- trol of the International bridge, and that by the act in ques- tion ample jurisdiction was conferred upon this court to de- termine the present controversy. �While it was competent for the legislature of New York and the Canadian parliament to charter corporations and grant franchises for the construction and maintenance of the bridge, so far, as their ]fespectiye sovereignties were concerned, the corporation could only obtain the full benefits of the grant by the consent of congress. Th^ subject of the grant was the right to build and control a bridg'e which would be a highway of transportation not only between the United States and a foreign country, but also the eastexn and western states. It was therefore of the first importance to ascertain whether congress would sanction the purposes of the grant, and the terms and conditions upon. which such sanction could be obtained, �It was for congress to determine when ils power to regulate commerce should be brought into activity, and as to the regu- lations and sanctions which should be provided. Getman v. Philadelphia, S WftU. 725; The Clinton Bridge, 10 Wall. 454; Pennsylvania y. The Wheeling Bridge Co. 18 How. 421. �By the act in question congress gave its sanction in advance, but upon the conditions that all railway companies desiring to use the bridge should have equal rights and privileges in the passage and in the use of the bridge, and of the machin- ery, fixtures, and approaches, "under and upon such terms and conditions" as this court should. prescribe, "upon hearing the proofs and allegations of the partie» in case they should not agree. " The power of congress over the subjeot was plenary. It exercised the power, and the International Bridge Company availed itself of the privileges and assented to the conditions of the legislative sanction. Congress could not delegate its ��� �