Page:Federal Reporter, 1st Series, Volume 6.djvu/349

 HATOH ». WALLAMKT IRON BRIDGE CO. 337 �yon, subject even then to be abated as a nuisance by a suit in the United States court, if it should prove an obstruction to the navigation of the river; and by the act of June 4, 1872, (17 St. 215,) it is provided that ail bridges thereafter built across the Mississippi, by authority of congress, shall be sub- ject to the same direction and control of the secretary of war. �By an act of July 25, 1866, (14 St. 244,) congress author- ized the building of seven bridges across the Mississippi at different points above St. Louis, and one across the Missouri at Kansas City, and provided that each of them should have two draw openings of not less than 160 feet in the clear. By acts of February 24, 1871, (16 St. 430,) and March 3, 1871, (Id. 473,) bridges were authorized across the Missouri river at Omaha, Nebraska, and Louisiana, Missouri, with two draw openings of not less than 200 feet in the clear. �These citations of congressional action might be multiplied greatly. See report of Governeur K. Warren, U. S. major of engineers, on bridging the Mississippi between St. Paul and St. Louis, 1878, pp. 193, 202. Indeed, congress has spoken on the subject of bridging the Wallamet at this place. By act of February 2, 1870, (16 St. 64,) the city of Portland was authorized to bridge the river, under the direction of the secretary of war, so as "not to obstruct, impair, or injuriously modify the navigation" of the same. This act expired by its own limitation within six years, and nothing was done under it but an examination and approval of a plan by a board of engineers and the secretary, December 30, 1872. �By this plan the bridge was located at the f oot of Columbia street — 1,820 feet above Morrison — and was to have a draw of 100 feet in the clear on each side of the pivot pier. And on June 23, 1874, (18 St. 281,) congress authorized the Oregon & Califomia Eailway Company to bridge the Wallamet river at Portland, under the direction of the secretary of war in ail respects, except that the draw should not be less than 300 feet in width, so as "not to obstruct, impair, or injuriously affect the navigation of the same." Nothing has been done under this act, but it is still in force. �Taking these instances of congressional action as a reason- �v.6,no.4— 22 ��� �