Daily Richmond times. [volume] (Richmond, Va.) 1849-1850, 1850-03-05

The OF Pennsylvania vs.. The Wheeling and
| Belmont Bridge C0mpany-the argument in which,
behalf of the complainant, was commenced on Mon
day by Mr. Darragh the Attorney General OF Pennsyl
vania-was closed yesterday by Mr.. Walker on the
same side The object OF this suit is to abae as nui-
the suspension erected across the channel
fthe Ohio river, between Zanes island and the main
| Virginia shore. The company respondent was ncor-
porated in 1916 by the Legislature ofVrgnia In the
year the Legislature OF Ohio sanctioned the char
ter. Nothing done by the company under the
law OF 1876 under subsequent act OF 1897, passed
to amend the prior act and to enlarge the time allowed
for the completion OF the bridge Ten years more eaps
ed, and the bridge was not commenced In March,
1S47 the Legislature Of Virginia passed act to revive
and amend the former acts.
| Under this law the company empowered " to
erect and keep wire suspension toll ridge and from
| Zanes Island, to and upon the main Virginia shore
bank at the city of Wheeling, with provso in the
act that if the bridge should be so erected as to obsuct
the CATION OF the Ohio river in the usual manner by
such steamboats, and other crafts now common
| y accustomed to navigate the same, when the river
shall be high as the highest floods therein heretofore
known"if such distractions, on being found to exist
should not be Immediately removed the bridge should
be treated as public nuisance and abaed accordingly
Shortly after the OF this law the stock in the
company was taken, and Mr. Charles Elicit was EN-
ployed to examine the site and report suitable plan for
bridge which should conform in all respects to the
QUESTIONS Of the charter. In October, 947 Mr. Elicit
made full report, with drawings and specifications OF
his plan, which printed and extensively circulated
and became the subject OF much discussion in the public
press Contracts were entered into for the bridge; and
|
sorry erected for the abutments and towers and
considerable progress made in preparing the supersruc
ure. In the spring and early summer OF 1919 the work
advanced rapidly; the iron cables which We're to be
thrown the river, forming span of more than
one thousand feet, were completed, and almost the
tire superstucure ready to be fitted together and
placed in its proper position at cost OF 100000.
In this state of affairs, application in behalf of the
State OF Pennsylvania, was made TO Mr. Justice Grer,
at the courtroom OF the Circuit Court of the United
States in the city OF Philadelphia, by bill praying for
their bridge The bill alleged that the Ohio was
vgabe river and common highway, free to the citi-
zens OF Pennsylvania and other citizens OF the United
States; and that the defendants about to erect
bridge over the Ohio river, one hundred miles below
Pttsburg which would obstruct the navigation, and pre-
the passage OF the citizens OF Pennsylvania along
said river with their steamboats, ana interrupt their
commerce, to the great damage and common nuisance
of said citizens
The bill stated that steamboats, accustomed to nav
gate the Ohio which require space OF eighty feet above
the water surface and that the flood of 1882 was forty
four and half feet above the low-waer level; that
binary spring floods thirty five feet above that level,
and that the bridge to be only ninety three and
half feet above low water level at its eastern end and
sixty-wo feet at the western end" Amended and sup
Elemental bills filed at the same time and place,
stating the interests OF Pennsy vana in her public i'm
provements and the damage that the State would
tain from the obstruction of the navigation OF the Ohio
by the proposed bridge; and praying for an injunction,
abatement, and general relief
The defendants answered and demurred to the bill on
various grounds denying the jurisdiction of the United
States Court denying the right OF Pennsylvania to in
stitue the suit and denyng that the bridge is any OBJ
structon to the navigation or will do any injury to the
citizens of Pennsylvania Afidavits produced on
both Sides and Mr.. Justice Grer refused TO grant the
junction, and ordered that the bills, answers and exhi-
bits be filed in the Clerks office OF the Supreme Court
OF the United States, and that the complainant have
leave to move for injunction the first day of the
term then next ensuing In obedience to this order, the
Bridge Company filed answer to the supplemental
bill reeratng the grounds OF defence taken in their
first grounds
"a supplemental answer has since been filed stating
that since the institution of this proceeding the Legsa
ture of Virginia has passed law explanatory of the
charter of the Wheeling and Belmont Bridge Company
and recognizing III substance the present bridge as hav-
ing been constructed in conformity with the charter"
The motion for an injunction came on Tor argument
on Monday last, and was opened by MIR. Daragh, the
Attorney General OF Pennsylvania, and Mr. E. M
Stanton for the complainant. Mr.. A. II. H. Stuart
and Mr. Reverdy johnson appeared In opposition to the
motion on the part OF the Bridge Company; and the
gument in behalf OF the application was closed by Mr.
Walker. The case has excited great Interest from the
magnitude of the interests Involved, and the character
of one of the parties, well from the eminence Of
the counsel engaged 1t has been argued both sides
with consummae ability, and the decision of the court
will be looked for with great solcitude.
ron Friday last, the Supreme Court adjourned to the
first of April without announcing its decision in this
easel
NEw MExIco-A letter from Colonel James S.
Calhoun. dated Sante Fe November "a, appears in
late number ofthe Columbus Georgia. Enquirer from
which we make the following extract:
"The public mind in this Territory is now agitaed
in reference civil government and the controlling
powers are opposed to State organization, but their
numbers are daily diminishing, and | think we shall
have a convention TO frame constitution in January
TIE TWENTY SECOND AT THE UMvERsITY.-Ihe
anniversary celebration of the Washington Society OF
the University came oil on the evening OF the 2Sd-
The Farewell address read by Mr.. Winston Of
Louisa alter short but very appropriate and hand,