United States v. Golden Gate Bridge & Highway Dist.

This is a suit brought under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 400 , to declare the rights of the parties relative to toll-free passage over Golden Gate Bridge, arising under certain acts of Congress and the terms of a permit issued by the Secretary of War, granting to defendant rights of way across two military reservations, located on either side of Golden Gate Strait, which grant made possible the erection of the bridge. The complaint also contains a prayer for an accounting which must be considered abandoned as there are no facts in evidence upon which an order for an accounting could be made. There is a request for injunctive relief. The controversy was submitted upon an agreed statement of facts.

For a better understanding of the questions presented for decision, which involve interpretation of conditions imposed in granting the permit, a statement of the legal status of the parties, their representatives or agents, and their acts in relation to the transaction, follows.

The California Legislature, on May 25, 1923, passed Act 936, Gen.Laws 1923, Stats. 1923, p. 452, providing for the incorporation, organization, and management of bridge and highway…