Cardwell v. American River Bridge Co.

This case is clearly within the rule as laid down in the Wallamet Bridge Case, 7 Sawy. 127; S. C. 6 Fed. Rep. 326, 780. If that case can be sustained in the broad terms of the rule stated, then the demurrer in this case should be overruled. Since that decision was rendered, the supreme court of the United States has decided the case of Escanaba Co. v. Chicago, 107 U. S. 679, S. C. 2 Sup. Ct. Rep. 185, which defendant insists overrules the principle announced in the Wallamet Bridge Case; that, under the clause of the act admitting Oregon into the Union, the state has no power to authorize the…