, 10   - o z   r—snns.u. REPORTER.   --   »
state, praying for an injunction to restrain the defendants from erecting
a bridge across·A1·thur_killpbetween New J erseyand Staten island, in
the state of New York, upon the lands of the state situate on the shore,
and under the waters of said kill., The chancellor granted a prelimi-
nary injunction "upon thebill land affidavits. The defendants have re-
moved thecaselto this· court,,,as_ one arising under the constitution and
laws of the United States, and have Bled an answer. Motion was then
made to dissolve the injunction; Vbutyafter argument, the parties stip-
. ulatedto submit the case as upon final hearing on bill and answer.
There are no controverted facts in *the case. i
  The Statenlsland Rapid Transit Railroad Conlpany, a corporation of
New York, one of the defendants, claims the right to build the bridge
in question, and‘to*occupy· the·*lands under water necessary for the sup-
port of its piers, under an act of congress, approved June 16, 1886, _en-
titled "A.u-act to authorize theiconstruction of a bridge across the Sta-
ten Island sound, known as ‘Arthur Kill,’ and to establish the same as
. a post-road.'}, This act declares; { N 'r ‘ '
"Section 1. That it shall be lawful for the Staten Island Rapid Transit Com-
pany, a corporation existing under the laws of the state of New York, and the
Baltimore dn New York Railroad Company, a corporation existing under the
laws of the state of New Jersey, or either of said companies, to build and
maintain a bridge across the Staten Island sound, or Arthur kill, from New
Jersey to Richmond county, N ew/York, for the passage of railroad trains, en-
· glues, aud cars thereon, and to lay on and over said bridge railway tracks for
the more perfect connection of any railroads that are or shall be constructed
to the said sound at or opposite said point; and incase of any litigation con-
cerning any alleged obstruction to the free navigation of said sound on ac-
count of said bridge, the cause may be tried before the circuit court of the
United States of either of said states in which any portion of said obstruction
or bridge touches, and that alllrailyvay companies desiring to use the said
bridge shall have and be entitled·|>o6qua1 rights and privileges in the passage
over the same,: and in the use of- the machinery and tixtures thereof. and of
all the approaches thereto, forya reasonable compensation, to be paid to the
- 'owuers of said bridge under and upon such terms and conditions as shall be
'presoribed bythe secretary of war upon hearing the allegations and proofs of
the parties, ip ease they shall notjagree. ‘ g ,
"Sec.   That., saidybridge sha.ll,be~const1·ucted as a pivot draw-b1·idge,'witl1
- radravnover the. main channel ofhths sound at an accessible and navigable
·· point, andzwith spans of not lesséthan two hundred feet in length in the clear
on each side of the central orvpivot pier of the draw; and said spansshall not
be less than thirty-two feet above mean low-water mark, measuring to the
lowest member ofthe bridge superstructure; and provided also, that said
.. draw shaltbe.opened~promptly,—npou— signal, except when trains are passing
· over the said bridge, for the passage of boats whose construction shall not he
such as to admitof their passage under the draw ofsaid, bridge when closed;
but in no case shall unnecessary delay occur in opening the said draw after
the passag,e,of,traius; and the said company or corporation shall maintain, at
_its o.wn'_e, pehse, from sunset to sunrise, such lights or other signals on said
l 'bridge as thelight-house boardslrall prescribe. “   `
» "Sec. 3. That any bridge constructed under this act, and according to its
`limitatioiispshall bea lawful structure, and shall be recognized and known
as a,p0st—route,Q)upon` which, also, no higher charge shall be made for the
transmission over the same of the mails. the troops, and the munitions of war