rights to the use of the flow of the stream, is an appurtenance to the main factory in which nitrates and fertilizers were to be manufactured, and is essential to the operation of the plants as well as of the locks and gates constructed in aid of navigation. Considered as a mere property right, the authority of Congress extends to the making of all needful rules for the maintenance and protection of its property as well as for its disposal. All the powers of Congress are of equal force and this one over the property of the United States is just as effective as the war power or the commerce power, to subordinate the laws and actions of the State to the purposes of the General Government. Respectfully submitted. B. M. PARMENTER. EXHIBITS EXHIBIT A To the PRESIDENT OF THE UNITED STATES: We, the duly constituted authorities of the State of Alabama, recognizing and respecting every right, equity, and power of our Nation, but conscious of our solemn obligation to the State of Alabama and its people to assert, defend, and protect every right, equity, and power of Alabama, as provided and guaranteed in the laws of the land, do hereby present to you, the President of the United States, the following memorial and statement regarding the rights of Alabama, in and to the bed, shores, water, and power of that portion of the Tennessee River which is within the State of Alabama, and, specifically, with regard to the project located at Muscle Shoals, known as Wilson Dam, with the appurtenances thereto: Subject only to the authority of the United States relative to navigation and to war purposes, the State of Alabama claims absolute title to and ownership, jurisdiction, and control of that portion of the Tennessee River which is within the State of Alabama, its waters, banks, beds, and soils, including the power in the water and the value thereof, and all other property rights in any wise incident thereto or arising therefrom. Our contention that such title is in the State for public purposes is upheld by the uniform decisions of the Supreme Court of Alabama. The Supreme Court of the United States has uniformly held that each State has the right to determine this question for itself. The State of Alabama is prepared to supply ample and satisfactory authorities and briefs in support of each of the foregoing propositions, and stands ready to confer with the duly constituted authorities of the United States Government in regard to the rights and claims above stated. Earnestly feeling our responsibility, and believing that the adjustment of this matter is peculiarly within the powers and functions of the Chief Executive of the Nation, we respectfully submit these claims to the consideration of the President of the United States. With highest esteem, we have the honor to be, Governor of Alabama. EXHIBIT B The pertinent parts of the act of Congress known as the national defense act approved June 3, 1916 (United States Comp. Stat. 1916, vol. 4, sec. 3110 B), are contained in section 124 thereof and read as follows: "Nitrate supply.-The President of the United States is hereby authorized and empowered to make, or cause to be made, such investigation as in his judgment is necessary to determine the best, cheapest, and most available means for the production of nitrates and other products for munitions of war and useful in the manufacture of fertilizers and other useful products by water power or any other power as in his judgment is the best and cheapest to use; and is also hereby authorized and empowered to designate for the exclusive use of the United States, if in his judgment such means is best and cheapest, such site or sites, upon 31 any navigable or nonnavigable river or rivers or upon the pubic lands, as in his opinion will be necessary for carrying out the purposes of this act; and is further authorized to construct, maintain, and operate, at or on any site or sites so designated, dams, locks, improvements to navigation, power houses, and other plants and equipment or other means than water power as in his judgment is the best and cheapest, necessary or convenient for the generation of electrical or other power and for the production of nitrates or other products needed for munitions of war and useful in the manufacture of fertilizers and other useful products. "The President is authorized to lease, purchase, or acquire, by condemnation, gift, grant, or devise, such lands and rights of way as may be necessary for the construction and operation of such plants, and to take from any lands of the United States, or to purchase or acquire by condemnation, materials, minerals, and processes, patented or otherwise, necessary for the construction and operation of such plants and for the manufacture of such products. "The products of such plants shall be used by the President for military and naval purposes to the extent that he may deem necessary, and any surplus which he shall determine is not required shall be sold and disposed of by him under such regulations as he may prescribe. "The plant or plants provided for under this act shall be constructed and operated solely by the Government and not in conjunction with any other industry or enterprise carried on by private capital." EXHIBIT C Know all men by these presents, that the Muscle Shoals Hydro-Electric Power Co., a corporation organized and existing under the laws of the State of Alabama, for and in consideration of the sum of one dollar ($1.00) to it in hand paid by the United States of America, the receipt whereof is hereby acknolwedged, does hereby give, grant, bargain, sell and convey unto the said United States of America the following lands situated in the Counties of Colbert and Lauderdale, State of Alabama. The lands situated in Colbert County being described as follows, to wit: A part of fractional section 18, township 3 south, range 10 west of Huntsville principal meridian, more particularly described as follows, to wit: Beginning at the northeast corner of said fractional section 18; running thence south along the section line for a distance of 800 feet to a point; running thence southwesterly in a straight line for a distance of 2,797.8 feet to a point 800 feet from the south bank of the Tennessee River at low-water mark; running thence north for a distance of 800 feet to the south bank of the Tennessee River at low-water mark; running thence along the south bank of the Tennessee River at low-water mark to the point of beginning; containing 47.8 acres, more or less. Also a strip or parcel of land situated, lying and being in fractional section 18, township 3 south, range 10 west of Huntsville principal meridian, described as follows, to wit: Beginning at the point of intersection of the section line between section 13, township 3 south, range 11 west, and section 18, township 3 south, range 10 west, and the low-water mark of the Tennessee River; running thence south along the section line for a distance of 630 feet to a point; running thence in a northeasterly direction to a point on the half-section line, said point being 630 feet south of the point of intersection of the half section line and the low-water mark of the Tennessee River; running thence north along the half-section line for a distance of 630 feet to the point of intersection of the half-section line with the low-water-mark of the Tennessee River; running thence along the low-water line of the Tennessee River in a southwesterly direction to the point of beginning, subject to the agreement relative to the houses and fences on said tract contained in the deed of Elizabeth C. Sadler and husband, W. H. Sadler, to Wiley Alford bearing date of May 7, 1914, and recorded in the office of the judge of probate of Colbert County, Ala., in volume 16 of Deeds, page 551, and as modified by the agreement between Elizabeth C. Sadler and husband W. H. Sadler, and Wiley Alford, bearing date of May 12, 1914, and recorded in the office of the judge of probate of Colbert County, Ala., in volume 16 of Deeds, page 552. And the lands situated in Lauderdale County being described as follows, to wit: Fractional northwest quarter of the southeast quarter of section 7, and the fractional northeast quarter of the southeast quarter of said section 7, township 3 south, range 10 west of Huntsville principal meridian, lying north of Tennessee River and containing 41.28 acres, more or less. To have and to hold the aforegranted premises, with all the rights, easements, and appurtenances thereunto belonging, to the said United States of America, its successors and assigns, forever. In witness whereof, the said grantor, Muscle Shoals Hydro-Electric Power Co., has caused this conveyance to be executed in its name and under its corporate seal by Thos. W. Martin, its president, and attested by Lamar Aldridge, its secretary, on this the 28 day of July, 1920. MUSCLE SHOALS HYDRO-ELECTRIC POWER COMPANY, By THOS. W. MARTIN. Attest: [SEAL.] LAMAR ALDRIDGE, Secretary. STATE OF ALABAMA, County of Jefferson. I, W. R. Loyd, a notary public in and for said county, in said State, hereby certify that Thos. W. Martin, whose name as president of the Muscle Shoals Hydro-Electric Power Co., a corporation, is signed to the foregoing conveyance, and who is known to me, acknowledged before me on this day that, being informed of the contents of said conveyance, he, as such officer and with full authority, executed the same voluntarily for and as the act of said corporation. Given under my hand this 28th day of July, 1920. My commission expires June 21, 1921. W. R. LOYD, Notary Public, Jefferson County, Ala. UNITED STATES OF AMERICA, THE STATE OF ALABAMA, AND COUNTY OF LAUDERDALE: Know all men by these presents, That this indenture, made and entered into on this the 3d day of June, 1918, by and between Thomas F. Jones, an unmarried man, of the county of Lauderdale and State of Alabama, the party of the first part, and the United States of America, the party of the second part, witnesseth: That for and in consideration of the sum of $34,000 to him in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, the said party of the first part has granted, bargained, sold, and conveyed and does, by these presents, grant, bargain, sell and convey unto the said party of the second part, the United States of America, its successors and assigns, the following described real estate, lying and being situated in the county of Lauderdale and State of Alabama, to wit: Beginning at a point at the water's edge on the north side of Jackson Island, 4,152 feet south of and 148 feet west of the northeast corner of section 7, township 3 south, range 10 west, said point being on a line parallel to and 1,000 feet east of the upstream side of proposed Dam No. 2; thence south 10 degrees 39 minutes 30 seconds east for a distance of 1,200 feet, more or less, to the water's edge on the south side of Jackson Island; thence along the said water's edge on the south side of Jackson Island in a westerly direction, about 2,200 feet; thence north 10 degrees 39 minutes 30 seconds west along a line parallel to and 1,177 feet west of the upstream side of proposed Dam No. 2 for a distance of 1,315 feet, more or less, to the water's edge on the north side of Jackson Island; thence along said water's edge in an easterly direction about 2,200 feet to the point of beginning, containing 54.04 acres, more or less. This acreage includes all that area on Jackson Island and adjacent towheads between a line 1,000 feet upstream from and parallel to the upstream side of proposed Dam No. 2 and a line 1,177 feet downstream from and parallel to the upstream side of proposed Dam No. 2, all being in Lauderdale County, Ala. To have and to hold the above described premises, together with the appurtenances thereunto belonging, or, in any wise appertaining unto the said party of the second part, the said United States of America, its successors and assigns, in fee simple absolutely and forever. And the party of the first part does also, for the consideration herein named, hereby grant, bargain, sell, and convey unto the United States of America, the right to flood permanently, by means of a dam across the Tennessee River, to be erected on the land hereinabove described, the following described land in the county of Lauderdale and State of Alabama, to wit: Those islands in the Tennessee River known as "The Jackson Island" or "Blair Island," "Polkstalk Island," "Forty-Acre Island," and "Five-Acre Island," containing 455.78 acres, more or less, said islands being in township 3, range 10 west, and being further described as follows: Lots "A," "B," "C," and "D" in section 4. Lots "A" and "B" in section 5. Lot "A" in section 7. Lots "A," "B," and "C" in section 8. Lots "A" and "B" in section 9. Lot "A" in section 18. The description just given, which is alleged to contain 455.78 acres, more or less, includes all the land being conveyed by this deed and it is expressly understood between the parties hereto that the first tract of land described in this conveyance passes by it to the United States of America, its successors and assigns, an absolute title in fee, and that the United States, its successors and assigns, acquire by this deed the right to flood permanently, by means of a dam to be erected and maintained on the first tract of land hereinabove described, the remainder of the land hereby conveyed, and the right to absolutely destroy by the flow of waters all that part of Jackson Island, lying downstream from the proposed dam to be built on the tract of land first hereinabove described. A plat of the property conveyed is hereto attached. And the party of the first part does also for the consideration herein named, hereby grant, bargain, sell, and convey unto the United States of America the right to absolutely destroy by the flow of waters all that part of Jackson Island lying downstream from the proposed dam to be built on the tract of land herein first described, together with the right to go upon all of the lands hereinabove described, from time to time as occasion may require, and remove therefrom any timber and other natural growth, and any obstruction growths, accumulations, brush, trash, filfth, and any other thing which in any way interferes with, or tends to render inaccessible, unsafe, or insanitary, any part of the slack-water pool or the margin thereof, or the power plant to be erected upon said lands. To have and to hold the same unto the United States of America, its successors and assigns, for the purposes aforesaid. And the said party of the first part does hereby for himself, his executors and administrators, covenant with the party of the second part, its successors and assigns, that he is lawfully seized in fee of the aforegranted premises; that they are free from all encumbrance; that he has a good right to sell and convey the same, and that he will and his executors and administrators shall forever warrant and defend the title to the same to the said party of the second part, its successors and assigns, against the lawful claims of all persons. In testimony whereof the said party of the first part has hereunto set his hand and affixed his seal on this the day and year first above written. [SEAL.] STATE OF ALABAMA, Lauderdale County. THOS. F. JONES. I, A. H. Carmichael, a notary public in and for said State and county, hereby certify that Thomas F. Jones, an unmarried man, whose name is signed to the foregoing conveyance, and who is known to me acknowledged before me on this day, that being informed of the contents of this conveyance he executed the same voluntarily on the day the same bears date. Given under my hand and seal this the 7th day of June, 1918. A. H. CARMICHAEL, Notary Public. EXHIBIT D CHAP. LXXV. An act to grant certain relinquished and unappropriated lands to the State of Alabama, for the purpose of improving the navigation of the Tennessee, Coosa, Cahawba, and Black Warrior Rivers. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That four hundred thousand acres of the relin |