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tution, the relations existing between the federal and state governments, the constitutional powers of each, respectively, and the limitations imposed upon each of them by the fundamental law, and, therefore, a comprehensive knowledge of the entire scheme of government is absolutely essential to an accurate knowledge and full comprehension of federal jurisdiction and procedure in all their branches and details; and, for this reason, the author has, as a basis of the discussion of Federal Procedure at Law, assayed a statement of the Dual System of Government established by the constitution, the constitutional limitations of the state and federal governments, the judicial power of the federal government, the creation of the federal judiciary, the jurisdiction of all the courts of the system, and the distinction between law, equity and admiralty, and the remedies appropriate to each, as maintained in the federal courts. An effort has been made to define suits at common law, and to point out and particularly specify the particulars in which the federal courts will, and in which they will not, conform to state procedure in suits at common law.

The work has been written in the hope that it may supply an additional aid to the working lawyer and also to the earnest student of American institutions, and is respectfully submitted to

the kindly judgment of the American bench and bar.


San Antonio, Texas, June 1, 1908.

§ 21. The government of the United States is national in its char


22. General statement of the powers of the government,

23. Implied powers of the federal government,

24. Same Meaning of implication,

25. Same Power of congress not left to general reasoning,

26. An implied power deduced from a group of specified pow-


27. The powers of government classified according to their dis-

tribution by the constitution,

28. Same-What powers may be exercised by the states,

29. The commercial power-Reasons for vesting it in the na-

tional government,

30. The power to regulate commerce is vested in the legislative

branch of the government,

31. The commercial power and the taxing power are distinct,

32. Limitations upon the commercial power of congress,

33. Constitutional provisions correlated to the commerce clause,

34. Commerce within the meaning of the constitution is a unit,

35. The commercial power of congress does not extend to state


36. Commerce defined,

37. When the commercial power of congress is exclusive, and

when paramount only,

38. Failure of congress to act in regard to any commercial sub-

ject of a national nature is a declaration that as to such

matter commerce shall remain free,

39. Powers expressly prohibited to the states,

40. The reserved powers of the states,

41. Sovereignty of the states over their navigable waters and

the soils beneath them,

42. Same-Tide Waters—The Great Lakes,

43. Same Mississippi River,

44. Riparian rights determined by state laws,

45. Riparian rights subordinate to the commercial power of


46. Authority to maintain bridge across navigable stream,

47. Same--Federal statute requiring assent of the federal gov-


48. Power of the states to improve their harbors, bays and navi-

gable rivers,

49. Same-Federal statute requiring assent of the federal gov-


50. Distinction between municipal sovereignty and national


51. Admiralty jurisdiction of the United States over the public

navigable lakes and rivers of the states,

52. State pilotage laws-Administered in federal courts,



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