Page:Federal Reporter, 1st Series, Volume 6.djvu/793

 HATCH V. WALLAMET BBIDGB 00. 781 �Dbady, D. J. This application was first heard before me BItting in this court alone, and on April 6th I delivered an opinion thereon, to the effect that the bridge where and as it was being constmcted by the defendant was a serions obstruction to the navigation of the Wallamet river, contrary to the act of congress of February 14, 1859, (11 St. 383,) admitting the state into the Union, which declares that ail the navigable waters of the state "shall be common high- ways and forever free" to ail the citizens of the United States ; and that this court, under section 1 of the act of March 3, 1875, (18 St. 470,) giving it jurisdiction of a suit arising under an act of congress, bas authority to restrain parties from violatrng said act by obstructing the navigation of any of said waters at the suit of any orie injured thereby.* But, considering the importance of the matter tb the defendant, I did not then direct the injunction to issue, but continued the application for further hearing, upbn the same and: Mich iad- ditional evidence as the parties might ptoduce,>"wheii':the circuit judge, Mr. Justice Sa'wyer, should i be present, aiald restrained- the defendant, as prayed in the bill, in themean- time. That hearing bas been had, and theoonclusion reached by his honOr^ t|ie circuit judge, will now be announced by him. As preliininary tHereto, I merely wish to sayfor myse'lf that the furtbor 'thorough investigation of this quieistion, and abie argument of the case pro and- con, bas only deepened my conviction that the proposea bridge is and will be a nuisance and serions impediment to the navigation of this rlver. ■ ■ �The law of the case upon which the contention mainly turned upon the first hearing is now admitted by the defend- ant to be correctly stated in the opinion then delivered by myself. �The only remaining question for consideration is, will the erection of this bridge seriously impair or affect the navigability of the river ? If it appears probable that it will, the defendant ought not to be allowed to proceed further in the commission of the wrong. It bas been well said, by some ficientific authority upon this subject, that any bridge is a �*See ante, 326. ��� �