United States v. Golden Gate Bridge and H. Dist.

• Decision Date: 11 March 1941
• Docket Number: No. 21020-S.,21020-S.
• Citation: 37 F. Supp. 505
• Parties: UNITED STATES v. GOLDEN GATE BRIDGE AND HIGHWAY DIST. OF CALIFORNIA.
• Court: U.S. District Court — Northern District of California

37 F. Supp. 505

UNITED STATES v. GOLDEN GATE BRIDGE AND HIGHWAY DIST. OF CALIFORNIA.

No. 21020-S.

District Court, N. D. California, S. D.

March 11, 1941.

COPYRIGHT MATERIAL OMITTED

Frank J. Hennessy, U. S. Atty., and W. E. Licking, Asst. U. S. Atty., both of San Francisco, Cal., and John L. Wheeler, Sp. Atty., of Los Angeles, Cal., for plaintiff.

John L. McNab, of San Francisco, Cal., for defendant.

ST. SURE, District Judge.

This is a suit brought under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 400, to declare the rights of the parties relative to toll-free passage over Golden Gate Bridge, arising under certain acts of Congress and the terms of a permit issued by the Secretary of War, granting to defendant rights of way across two military reservations, located on either side of Golden Gate Strait, which grant made possible the erection of the bridge. The complaint also contains a prayer for an accounting which must be considered abandoned as there are no facts in evidence upon which an order for an accounting could be made. There is a request for injunctive relief. The controversy was submitted upon an agreed statement of facts.

For a better understanding of the questions presented for decision, which involve interpretation of conditions imposed in granting the permit, a statement of the legal status of the parties, their representatives or agents, and their acts in relation to the transaction, follows.

The California Legislature, on May 25, 1923, passed Act 936, Gen.Laws 1923, Stats. 1923, p. 452, providing for the incorporation, organization, and management of bridge and highway districts; allowing such districts to acquire and construct highways, bridges, approaches, and all property necessary therefor; providing for the issuance and payment of bonds by said districts and the levying of taxes, the collection of tolls, and the annexation of additional territory. Residents of the Counties of Del Norte, Sonoma, Marin, San Francisco, and portions of Mendocino and Napa, who were interested in bridging the Golden Gate, were represented by Commercial Development and Trans-Bay Bridge Committee of the San Francisco Board of Supervisors, hereinafter referred to as the Committee. On March 31, 1924, the Committee, through the District Engineer of San Francisco, applied to the Secretary of War for approval of plans for a bridge. On December 20, 1924, the Secretary of War replied that the project met with his approval, subject to certain conditions, one of which was that passage of Government traffic be permitted at all times free of charge.

Under the authority of Act 936 the Golden Gate Bridge and Highway District of California, defendant herein, was incorporated on December 4, 1928; and its incorporation was validated by the California Legislature by Act 937, Gen. Laws 1937, approved April 10, 1929, effective August 14, 1929, Stats.1929, page 165; and Act 938, Gen.Laws 1937, approved and effective March 12, 1931, Stats.1931, page 77. The six counties above mentioned, whose representative Committee had secured the approval of the Secretary of War to the project, transferred their rights and interests to the defendant. Defendant thus had authority from the California Legislature to construct a bridge across Golden Gate Strait and the necessary highways of travel thereto, but was confronted with the necessity of securing from the Federal Government the privilege of constructing these highways across the military reservations lying at each end of the proposed bridge, and that of erecting and maintaining the ends of the bridge thereon.

The Secretary of War has authority, in his discretion, to permit the construction of such highways (Act of July 5, 1884, c. 214, § 6, 23 Stat. 104, 10 U.S.C.A. § 1348, and 43 U.S.C.A. § 933); and the State Legislature can authorize the construction of such a bridge where the navigable portion of the waterway lies wholly within the limits of a single state, as does the Golden Gate Strait, "provided the location and plans thereof are submitted to and approved by the Chief of Engineers and by the Secretary of War." Act of March 3, 1899, c. 425, § 9, 30 Stat. 1151, 33 U.S.C.A. § 401. Accordingly, defendant, on April 3, 1930, pursuant to (and with special reference to) the letter of December 20, 1924, from the Secretary of War, submitted to that official plans for approaches connecting both San Francisco and Marin Counties with the proposed bridge.

The Chief of Engineers and the Secretary of War on August 9th and 11th, 1930, respectively, approved the "location and plan of bridge" under the authority of the Act of March 3, 1899, 33 U.S.C.A. § 401. On October 27th of that year the Secretary of War, under the authority of the Act of July 5, 1884, 10 U.S.C.A. § 1348 and 43 U.S.C.A. § 933, granted defendant a right of way for highways across the military reservations in the Presidio of San Francisco and in Fort Baker, together with permission to erect, operate, and maintain the ends of the Golden Gate Bridge on said military reservations. This permit was granted, subject to certain conditions providing in part as follows:

"6. That Government traffic, and all military and naval personnel and their dependents, and all civilians traveling under proper military authority shall have use of the bridge and roads free of charge. * * *

"11. * * * a. That nothing herein contained shall be construed to give to the State of California or any of its agents, authority at any time to regulate traffic of military personnel or vehicles upon the said bridge or roads. All traffic upon said roads and upon said bridge shall be free from any tolls, charges or any form of obstruction by state or other agencies, against military and naval personnel and their dependents, and civilians upon request of proper military authority. The Secretary of War or his authorized representative may prescribe regulations for all traffic on said bridge and roads; and the State of California shall take such steps as may be necessary to adopt and make effective under the laws of California the regulations so prescribed."

As this permit was not entirely satisfactory to defendant, its authorized Committee, on December 12, 1930, submitted to the Chairman of Engineering Board at San Francisco proposed changes. On February 13, 1931, the Secretary of War issued an amended permit which contained the following conditions:

"6. That civilian employees of the Army and Navy traveling on government business under proper military authority, and government traffic, and all military and naval personnel and their dependents, shall have the use of the bridge and roads free of charge. * * *

"11. That this grant shall not be effective unless and until the State of California shall have made application to Congress for a retrocession of jurisdiction over the rights of way covered by this grant during the life thereof and shall have declared by legislative action that it will accept such retrocession of jurisdiction from the United States, that it will make the bridge and the highways covered by this permit a part of the system of public highways of the State of California, and that it will assume the responsibility for managing, controlling, policing and regulating traffic thereon, all subject to the following limitations and to such other limitations as Congress may prescribe:

"a. * * * All traffic upon said roads and upon said bridge shall be free from any tolls, charges or any form of obstruction by state or other agencies, against military and naval personnel and their dependents, civilians of the Army and Navy traveling on government business under military authority, and government traffic."

These are the conditions now in effect, and concerning the validity and meaning of which this suit arises.

On March 4, 1931, Senate Joint Resolution No. 11 was passed, St.1931, p. 2815, accepting the permit on behalf of California, "together with each, all, every and singular the terms, conditions, limitations, reservations, and requirements therein contained"; and a week later defendant accepted it with the same provisos. On July 20, 1935, the Governor of California approved the act of the Legislature, St.1935, p. 2402, accepting a retrocession of jurisdiction over the rights so covered in the permit of February 13, 1931, "subject to all of the terms and conditions contained in said permit."

On February 11, 1936, the President approved the act of Congress of that date, 49 Stat. 1108, S. 2175, Public No. 439, granting the retrocession of jurisdiction to California "subject to all of the terms and conditions contained in said permit."

Pursuant to lawful authority including the permit, defendant constructed the bridge and highways. From May 28th to November 13th, 1937, disputes arose as to the interpretation of the above mentioned conditions, with regard to the extent of the toll-free traffic thereby contemplated. On the last mentioned date, defendant, pursuant to a resolution of its Board of Directors, issued the following order: "Effective immediately, all outstanding Non-Revenue Tickets (Form 90) are to be refused and only Government vehicles of the Army and Navy (bearing Federal numbers and/or plates) are to be passed on Form 91."

Toll-free passage was thereupon denied to all members of all departments of the United States Government except those of the Army and Navy and persons actively employed in their behalf. This resulted in the present suit. While, as previously stated, the action is one for declaratory and injunctive relief, the answer of the defendant puts in issue the validity of the questioned provisions. In the amendments to its answer defendant "denies that the Secretary of War in either the preliminary permit of October 27, 1930, or the permit of February 13, 1931, had any legal power or authority to impose any condition or make reservation as to free tolls over the Golden Gate Bridge;" alleges that the Congress of the...