United States v. Columbia River-Longview Bridge Co.

Is the United States required to pay tolls for transporting munitions of war across a toll bridge constructed pursuant to the Bridge Act of 1906, where the public highway leading to the bridge is a “free” highway. The trial court decided in the affirmative.

The Bridge Act of 1906 (Act of March 23, 1906, 34 Stat. 84 , 33 U.S.C.A. § 491 et seq.) relating to bridges over navigable waters of the United States provided in § 2, 33 U.S.C.A. § 492 : “Any bridge built in accordance with the provisions of this Act [chapter, sections 491 to 498, inclusive] shall be * * * known as a post route, upon which no higher charge shall be made for the transmission over the same of the mails, the troops, and the munitions of war of the United States than the rate per mile paid for the transportation over any railroad, street railway, or public highway leading to said bridge; and the United States shall have the right to construct, maintain, and repair, without any charge therefor, telegraph and telephone lines across and upon said bridge and its approaches; * * *” and provides in § 4, 33 U.S.C.A. § 494 : “* * * If tolls shall be charged for the transit over any bridge constructed under the provisions…