Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1882-04-06
LOCAL INTELLIGENCE.
AMERICAN RIVER Bridge.

The following opinion was fled with tie
Board of Supervisors yesterday by the Dis
t1ict Attorney of Sacramento county:
To the Hon Board of Supervisors Gentlemen
In obedience n e resolution passed some months
since by your honorable body, instructng the IS
trct Attorney take the necessary legal steps with
the end in view that the American river bridge
might become a free public highway respectfully
submit the following report:
The Legislature, BY an Act approved May 6, 1861,
granted Il. A. Pearls l.. b. Harris aud others a
charter and franchise to construct across the Amer
lean river the toll bridge in question, with the right
to incorporate and said bridge for period of %
years. AT the time this charter was granted as
above the American river AZ the place crossed by
said toll bridge was, by legislative enactment, q
navigable stream (See Statutes 1851 pages 1928 !;
Statutes 1853, pages 1873; Statutes 1854, pages
sI-2 Political Code, Section 234S)
In the Code OF Civil Procedure, Title 7, there is
conferred upon the State or its agents Tin this case
the Board If Supervisory, in the exercise of the
right OF eminent dom in, the power to take private
property IT public Section 1910 of said Title,
among other things, provides as follows: section
1910 The ~ a,e Irpperty which may be taken
under this title includes: 4. Franchises for
toll roads, toll bridges and ferries, and all other
franchises but such franchises shall not be taken
unless for free highways. railroads or other more
necessary public sss.' This Title provides a simple
and expeditions mode Of procedure by means of
which, In my Judgment tn bridge iu gu stion, by
a Judicial jud meat Of condemnation, may become
the property Of the public upon the payment to the
corporation Of the value o. the property condemned,
rs provided IN said Title.
IL is my belief, further that the American River
bridge, as constructed, is obstruction upon a
public highway, an impeachment to navigation, and
its maintenance criminal act, as provided in the
Penal Code. The American liver at this point
being by law declared a navigabie stream,
it occurs to NE az being unlawful to
maintain across said stream a bridge unproGlded
with draw or swiug OF sufficient space or span to
permit the safe, convenient and eXped tous passage
OF vessels which may navigate said river. The
American river is pu0ic highway, aHd said bridge,
it exists IN r11 ided with any draw span, is
unlawful obstruction 10 the free use OF said high
way. (Sce Sections G6iS and 2S15 Political Code;
Sections 4G6o and 1905 llittei's General Laws.) 1t
every person who unlIwfully obstructs the naviga-
ton of any nayi-z le stream is guilty OF INSIDE
tneauor, and in Ebs same code mode of procedure
is provided hy which a corporation may be arrested
tried and convilEed for any alleged offense.
have tnloayu.4a by letter To ascertain upon what
terms the oEnera OF said bridge wolld sell the
same 10 this county, but, 1 informed they
are not t. dispose OF the same and thus far
have failed TO price state other conditions
I therefore respectfully recommend that your hon
Orable body instru5 the District Attorney to com
menee civil action against the corporation known
the American Bridge Company, with the end in
view that said bridge be condemned for public use.
/ further recommend that you instruct the Road
Overseer OF District 30 2 to notify the owners Of
said bridge TO remova every obstruction to the free
use OF the highway known as the American river,
and that in diSobsdience to said notification said
Road Overseer be Instructed 10 commence a suit for
the removal of sali Obstruction am led to offer
tsss recommend zteas ia vie f the facts that the
people have led ia favor u rsving this bridge de
eiared free public Highway md that It's acqHisi-
-i0r Icy She ceun. would be Of great value to the
general Fla.e lt=speetfuliy 50 omitted
HENRY BUCKLEY,
District Attorney