Tomasini

This cause is before us upon the petition of the above-named T. A. Tomasini praying that an order be issued by this court directed to the said Edward Hyatt as State Engineer of the state of California, commanding him to show cause why a writ of mandate should not be granted requiring him to designate the length of spans and width of draw necessary to permit the free flow of water through and under a certain bridge across a portion of San Francisco Bay for the construction of which the petitioner has made application for permission and for a franchise to maintain and operate as a toll bridge.

The line along which the bridge is proposed to be constructed is set forth in the petition, with the beginning point in the town of Sausalito and the point of termination in the town of Belvedere, in the county of Marin, and extends across a portion of the Bay of San Francisco, which portion is a part of the navigable waters of San Francisco Bay.

The petition herein is based upon the provisions of a certain act entitled, “An act to provide for bridges across navigable streams and across estuaries, ponds, swamps or arms of bays that may be outside of the line of navigable waters.” Approved…