The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-02

The Wheeling bridge case. which has been carried to
the Supreme Court OF the United States has excited
profound interest in that region Of country and indeed
much attention throughout the United States Il was
argued during the present term by some Of the abes,
lawyers who practise before that tribunal; and the de-
csion Of the court has been expected with great solici
tude We now lay before readers the order Of the
court, with Judge Daniels dissent which has been made
during the present week We indebted for the copy Of
to the obgng clerk Of that II will appear that The
decision is not nal but that ascertain the facts Of the
case. the court have adopted the unusual mode OF ap
poinnga commissioner 10 investigate the facts and to
report to them; and such is their impression Of the i'm
portance Of the case that they have selected gentleman
Of high character and great distinction Chancellor Wal
worth. Of New York
SUPREME COURT OF THE UNITED STATES.
DEcEMBEK TERM 1888.
The State of Pennsylvania, comppt.
The s,, wass,DS ma ss~ss. nras, Bin in equity
SG,e so,ps y;o William ouer'an' and
The court having heard the counsel on the part of the
complanan and also the part Of the respondents on
the motion for an injunction in this the
in the original amended, and superintendent bills Of The
complainant ~ means Of the erection Of the suspension
and due delberaon being had thereon and upon the
HYDE 0 %ssor IT,. a
the cause the counsel for The respective parties may see
fit produce before him, such time or times and Mt
the counsel either party due notice being gwen q the
time and place Of the taking of the said proofs
said mentioned in the peadings aforesaid, Is
obstruction q the free navigation Of the said Ohio liver
the place where II Is erected the same, by vessels
propelled by steam or SAILS engaged which may be
obstruction aforesaid shalt be made appear, what
change OF alteration in the construction and existing cond
on Of hs said bridge can BE- made with
move the obstruction to the free navigation by the vessels
aforesaid engaged N the commerce and navigation OF said
That the said commissioner shall report this court
questions hereby referred him. together with The proofs
which shall have been produced before him the respect
shall BIO reserved the coming in Of the said report Of
the commissioner and the further hearing Of counsel upon
3 That the said commissioner shall have the power if
deemed necessary by him in the Of the hearing
duty shall be to take he easurensnl OF said bridge lis
aPpendages and appurtenances and localities in
commissioner, and to make report him on the same
which report shall be annexed the report Of the said
The said commissioner hereby authorized to appoint
clerk 10 assist him in the execution Of this commission
Tho compensation 10 be allowed said
or for his time and ssrvces for his clerk, and
may be appointed and all other necessary expenses BY
A
the report oil the commissioner, will be ascertained
hxed and awarded against the parties the may
deem right and proper the Of equity and
justice
And that the parties shall each the said COM
missioner hundred and fifty dollars each before
the time he enters upon the execution OF the
The clerk will send certified copy of this order the
commissioner.
VIM. THoS CARROLL, c. S c. IT, s.
To this order Mr. Justice Daniel dssents II Is his opn-
ion The Is presented this between
such parties In interest give Jurisdiction this
| court
Inc only legitimate ground OF Jurisdiction in this case
under the constitution, would be the osnch direct
right the part OF Pennsylvania State as
would authorize her 10 become party this
The State of Pennsylvania case
deed such IL shown that which che In the
comp ntion which may, which dos, exist between
works OF public improvement erecied by herself aud rival
works erected by States within Territory.
No direct interest," the OF the State of
shown In the vessels steamboats, which vgsie
ers Ohio or Mississippi Ia any queton connected with
the rights OF that State, separate and from the ind
vdua Interests OF OF steamboats, other private
liens OF the STATE OF Pennsylvania Again question
nuisance nuisance proper for the conzance oil
court oil law, 10 be determined by Jury upon the testi-
mony Of Witnesses confronted and before
jury In court and under It's supervision In this
ofhis question, would seem 10 be Irregular determine
his que siion upon atdavi,s. and OF eqoy and
without the tnieposiiion Of jury, and In the absence
Of the Witnesses The order made this cause seem.
ing 10 lead TO the latter mode Of settling the question Of
IL