Acting under approval and order of the Federal Emergency Public Works Administrator, the United States commenced construction of the Parker Dam across the Colorado River over the objection of the state of Arizona, which was not a party to the Colorado River Compact. Arizona interfered forcibly. A bill was brought by the United States to secure a perpetual injunction against such interference. In response to an argument by Arizona that the dam was not properly authorized, the United States attempted to justify under a recommendation of the chief of engineers as sufficient authorization under section 202 of the National Industrial Recovery Act. Held, that the Act of March 3, 1899, prohibits the construction of dams across navigable streams until both the consent of Congress has been obtained and the plans approved by the chief of engineers; that it has been the uniform practice of Congress to base its authorization upon the recommendation of the chief of engineers; that such officer makes his recommendation to Congress only after examinations and surveys; that the effect of the National Industrial Recovery Act is merely to require either the consent of Congress or the recommendation of the chief of engineers; that it must be read in the light of the established policy of Congress; and, therefore, that the recommendation of the officer must still be to Congress and based on examinations and surveys. Since this was not shown, the recommendation of the chief of engineers in this case was insufficient. United States v. Arizona, 295 U. S. 174, 55 S. Ct. 666 (I935).
STATUTES-APPROVAL OF PUBLIC WORKS PROJECTS UNDER NIRA,
Mich. L. Rev.
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