United States v. Wauna Toll Bridge Co.

This appeal is taken from a judgment for appellees in a condemnation proceeding brought by appellant.

The Act of March 23, 1906, 34 Stat. 84 , 33 U.S.C.A. § 491 et seq. was an act entitled “An Act to regulate the construction of bridges over navigable waters”. Section 4 of that act provided in part: “That no bridge erected or maintained under the provisions of this Act [chapter, sections 491 to 498, inclusive], shall at any time unreasonably obstruct the free navigation of the waters over which it is constructed, and if any bridge erected in accordance with the provisions of this Act [chapter, sections 491 to 498, inclusive], shall, in the opinion of the Secretary of War, at any time unreasonably obstruct such navigation, either on account of insufficient height, width of span, or otherwise * * * it shall be the duty of the Secretary of War, after giving the parties interested reasonable opportunity to be heard, to notify the persons owning or controlling such bridge to so alter the same as to render navigation through or under it reasonably free, easy, and unobstructed * * * and all such alterations shall be made and all such obstructions shall be removed at the expense of the…