Page:Federal Reporter, 1st Series, Volume 6.djvu/339

 HATCH V. WALLAMET IBON BRIDGK 00. 327 �6. Injunctiou Gbanted. �A preliminary injunction granted to restrain the building of a bridge over the Wallamet, vrith a draw of only 100 feet on either side of the pivot pier, under the authority of an act of the state legislature authorizing the building of such bridge, with a good and sufflcient draw of not less than 100 feet, upon evidence showing that such a bridge would materially obstruet the navigation of the river, because said act did not absolutely autborize a bridge with a draw of only 100 feet, and if it did it was in conflict with the act of congress of Febru- ary 14, 1859, supra, declaring the river a free and common highway, and iherefore it is void. �Suit in Equity for an Injunction. Motion for preliminary injunction. �Todd Bingham, E. C. Bronaugh, and Edward Bingham, for plaintiffs. �H. Y. Thompson and George H. Durham, for defendant. �Deady, D. J. On October 18, 1878, the legislature of Oregon passed an act authorizing the "Portland Bridge Com- pany," a corporation incorporated under the laws of Oregon, "or its assigna, " to build a bridge, "for ail purposes of travel or commerce," across the Wallamet river between Portland and East Portland, "at such point or location on the banks of said river" as it might select, "on or above Morrison street, of said city of Portland : " "provided, that there shall be placed and maintained in said bridge a good and sufficient draw, of not less than 100 feet in the clear in width of a passage-way, and so constructed and maintained as not to injuriously impede and obstruct the free navigation of said river, but so as to allow the easy and reasonable passage of vessels through said bridge." On July 16, 1880, the defend- ant, — the Wallamet Iron Bridge Company, — as the assignee of said Portland Bridge Company, commenced the erection of a bridge across the river from the foot of Morrison street, in Portland, to N street, in East Portland. At this point the river is about 1,400 feet wide at extreme low water, with a depth of not less than 50 feet for 200 feet from the Morrison- street wharf along the line of the proposed bridge, whence it gradually shoals to 23 feet at a further distance of 250 feet. The river rises in the winter months from the rains, and in the spring is backed up by what is known as the June rise in ��� �