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.' . 00257~ ,. . I, like my brother Chilson, am willing to accede to the proposition that the first t~o powers do not admit of debate. The federal government, and the federal government alone, must be able to settle disputes between the states and make treaties with foreign powers. Using my shears and paste-pot, I quote Mr. Chilson, who said: "The only alternative is anarchy and chaos.D ; As to the third federal "powerD--the navagation servitude. our unanimity is a little strained. He argues that the Congress has delimited this navigation servitude by tIle Flood Control Aot of 19444 and the O'Mahol'1ey-Mllliken amendment.5 These read, respectively, as follows: "In connection with the exercise of jurisdiction over the rivers of the Nation through the construc- tion of works of improvement for navigation or flood control as herein authorized, it is declared to be the policy of the Co:ngx'ess to recognize the interests and rights of the States in determining the develop- ment of the waterShBQZ within their borders and like- wise their intere~t8 and rights in water utilization and control, as herein a~thorlzed, to p~eserve and protect to the fullest possible extent estaollshed and potential uses for all purposes of the waters of the Nation's rivers....:w- , "The use for nav~.gation, in connection with the operation and malntem1n'~e of such worl{s herein 8,uthor- ized for constructien, of water arls~ng in States lying wholly or partly t,est of the 98'1;11 ~ler'HL1an shall be only such use as does not oonflict with any benefioial oonsumptl~e use, present or fut~re, 1n States lying wholly or partly west of the 98th 11fJrj,dlan of such waters for domestic, municipal, stock water, irrigation, minil1g, or industrial purposes...." I feel that, although these deolarations of policy are clear. and, as yet, unrestricted, Mr. Morton 1s correct when he says: . . -3-