Joseph P. Bradley

“ If the power to make a town a port of entry includes the right to regulate the means by which its commerce is carried on, why does it not extend to its turnpikes, railroads, and canals,-to land as well as water? ”

“ The plea being insufficient as a defense, of course the complainant was entitled to a decree prostrating the bridge, which had been erected pendente lite. But to mitigate the apparent hardship of such a decree, if executed unconditionally, the court, in the exercise of a merciful discretion, granted a stay of execution on condition that the bridge should be raised to a certain height, or have a draw put in it which would permit boats to pass at all stages of the navigation. ”

“ It is for this reason, namely, the ultimate (though yet unexerted) power of congress over the whole subject-matter, that the consent of congress is so frequently asked to the erection of bridges over navigable streams. It might itself give original authority for the erection of such bridges when called for by the demands of interstate commerce by land ”

“ It is no highway to other states; no commerce passes thereon from states below the bridge to states above.' 3 Wall. 792. This exposition of the Wheeling Bridge Case, by one who had taken a decided part in its discussion and determination, effectually disposes of it as a precedent for the jurisdiction of the circuit courts of the United States in matters pertaining to bridges erected over navigable rivers, at least those erected over rivers whose course is wholly within a single state. The Willamette river is one of that description. ”

“ When the state provides for the form and character of the structure, its directions will control, except as against the action of congress, whether the bridge be with or without draws, and irrespective of its effect upon navigation;' and in the same case the construction given to the clause in question in Cardwell v. Bridge Co. was reiterated, namely, that it was intended to prevent any discrimination against citizens of other states in the use of navigable streams, and any tax or toll for their use. ”

“ What the people of the old states wished to secure was the free use of the streams and carrying places in the north-west territory, as fully as it might be enjoyed by the inhabitants of that territory themselves, without any impost or discriminating burden. ”

“ With regard to this very river, the Willamette, three acts of congress have been passed in relation to the construction of bridges thereon, to-wit, one approved February 2, 1870, which gave consent to the corporation of the city of Portland to erect a bridge from Portland to the east bank of the river, not obstructing, impairing, or injuriously modifying its navigation, and first submitting the plans to the secretary of war ”

“ The cause being put at issue, and proofs being taken, on the 22d of October, 1881, a decree was made in favor of the complainants for a perpetual injunction against the building of the bridge, and for an abatement of the portion already built. ”