Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-08
THE WHEELING BRIDGE CASE.

Supreme Court of the United States, December
Term. lS49.-The State of Pennsylvania, com.
planant, vs.. The Wheeling and Belmont Bridge
Company, William Ottersan, and George Croft.
Bill in equity. ... .
The Court having heard the counsel the part the
panant and also the part of the respondents the
ton for injunction in this the obstruction
of the navigation Of the Ohio river charged in the original
amended and supplemental bills Of The complainant by means
Of the erection of the suspension bridge in said bills
toned and which said obstruction is denied in the
put in thereto by the respondents and due elaboration be-
ing had thereon, and upon the peadngs and proofs be-
fore 49,. s%
is ordered that the cause be referred to the Hon. HrpE
WALwoRTH, late Chancellor of the State of New York,
Commissioner of the Court hereby appointed take such
further proofs in the the counsel for the respective
parties may fit produce before him, such time
tines and at such place places he may appoint the
application of the counsel of either party, due notice being
given of the time and place of the taking of said proofs
Upon the question whether the bridge aforesaid
mentioned in the peadngs aforesaid is not obruc
ton of the free navigation of the said Ohio river, at the place
where it is erected the same, vessels propelled by
steam sails, engaged, which may be- engaged, in the
navigation Of said river and, if obstruction
aforesaid shall be made to appear what change aera
ton in the construction and existing condition of the said
bridge, any, be made consistent with the continuance
ton to the free navigation by the vessels aforesaid engaged
in the and navigation of said river aforesaid
And,
3 That the said Commissioner shall report this Court by
the first day of the stated thereof upon the ques
tons hereby referred him. together with the proofs which
shall have been produced before him by the respective par
ties and that all other questions in the said shall be
reserved until the coming of the said report of the Com
missioner and the further hearing of counsel upon the
therein. And,
3. That the said commissioner shall have the power, if
deemed by him. in the of the hearing Of the
said cause, appont competent engineer, whose duty it
shall be to take the of said BRIDGE its append
ages and appurtenances and localities in connection there
WITH under the direction and instructions Of said commits
sioner and to make report to him the which
port shall be annexed to the report Of the commissioner to the
court
The said commissioner is hereby authorized to appoint
clerk to assist him in the execution of this commission
The compensation to be allowed the said commissioner
for his time and services for his clerk and engineer that
be appointed and all other necessary expenses by him incurred
in said commission, upon the coming in of the report Of the
commissioner, will be ascertaned and fixed, and awarded
against the parties the court may deem right and proper
upon the principles of equity and justice. .@. ....
And that the parties shall each advance to the said commits
oner two hundred and y dollars each before at the time
be enters upon the execution of the commission
The clerk will send certified copy Of this order to the
commits Toner.
True copy-test .... ..-
VIM THos CARROLL, G. S. C. U. s.