The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1852-03-06
Tur WHEELING BRIDGE CASE.


The decision of the U. S. Supreme Court,
ia the Wheeling Bridge case, as given by Mr..
Justice Mclean, establishes the following
points:
LAT. That the freedom of navigation from
obstruction is q right paramount TO every con-
sideration of loss or expense. the defendants
NAV incur in removing the obstruction they
have erected.
2nd. That subject TO that right, the Court
will not impose any unnecessary loss or ex.
pense on the defendants, beyond what is re-
quired to secure the freedom of navigation.
Sd. That although draws may be suitable
on tide waters, or streams where there is no
current, the Court are Of opinion from the evi-
dence in this case, that draw will not afford
safe and convenient passage, on the high floods
and strong current of the Ohio, for the the
large vessels engaged in its navigation.
4ih. That as this question is one OF praeti
cal skill aud science, which has not been spe-
officially reported upon, the Court direct the
PENDANTS plans to be referred to VIM. ,. Me-
Alpine, Esq, Engineer in this case, to he re-
ported upon by him at the extra term in May
9Th. That the decree requiring the ordge
| to be elevated or abated, shall now be MED,
| but not recorded, until the enquiry and report
| above directed are made.
| The questions to be decided by Mr.. Meal
pine are as follows:
| LIST. Whether draw can be constructed in
the Suspension Bridge that shall afford safe
| and convenient passage for the largest class OF
steamboats, which ply to Pittsburg having
chmnies, eighty feet high, at depth OF water
| thirty feet from the ground-and ii such
draw be practicable, that he give partlc uiar
| description in what manner, and of what d.
mansions it must be constructed.
| End. Whether such a draw may be con-
structed in the wooden bridge over the West
| ern channel of the river.
| Sd. Whether the removal of the western
| bridge will open an uninterrupted channel Tor
the packets which now pass Wheeling, having
chimnies eighty feet high, at all times, when
they shall not be able TO pass under the Sus-
pension Bridge.
| 4th. Whether the removal of the flooring of
| the bridge as proposed, will enable packets to
pass having chimnies eighty feet high.
We publish below statement with regard
| to the Bridge made by MIR. Ellet, the Engineer
who planned it. We we'll remember the whole
matter of the projection of the Bridge, the ill.,
corporation of the company to construct it, and
the final accomplishment of the grand scheme,
involving an amount Of enterprise and means
which reflect the highest credit upon the pub
lie spirit Of the city of Wheeling. The scheme
was under consideration in the Legislature q
Virginia for two or more sessions, in some
shape or other, and we do not remember tina,
any difficulty was ever raised on the subjec,
of obstructing the navigation of the Ohio.
As a contemporary remarked the other day
the convenience of passengers by land de.
mands some consideration, as we'll as that o.
| passengers by water. And the question is
| shall the convenience of the vast population
which must cross the Ohio at Wheeling, be
made to yield to the convenience of those seren
steamboats, with chimnies 20 or IS feet high
and that would seem to have been made SO
high just to occasion difficulty not dreamed
! of before the Bridge was built! That is the
| question. There is something else. however,
besides the steamboats, in this matter. The
jealousy of Pittsburg and Of Pennsylvania is at
work. Pittsburg is the enemy of Wheeling,
and is afraid that this Bridge will do Wheeling
some benefit. Pennsy lvania is jealous of Ma
ryland-or Philadelphia Of Baltin.ore-and it
| is deemed of some importance that obstacles
| should be thrown in the way of the Baltimore
and Ohio Railroad, which is designed to cross
the Ohio on a bridge! If this Wheeling and
Belmont Bridge be abated as an obstruction,
the difficulties in the way of the Baltimore and
Ohio Railroad will be very much enhanced
perhaps the connection with Ohio may be de-
laycd, and perhaps an everlasting inconve.
! nience may be entailed on the operations of the
company, seriously injuring it and the com.
merce of which it is to be the medium. We
regard the war upon this Bridge as miserable
exhibition of q miserable jealousy on the part
Of the Pittsburgers and the Pennsylvanians.-
Virginia and Maryland oughtto make common
cause, and oppose it with all their ability
Below we give MIR. Elet's card:
The following are the leading facts in this
important suit:
/. The Wheeling bridge is 90 feet high, and
without piers.
2. The extreme foods in the Ohio, which the
court allow to be considered in the cause, rise
30 feet high.
3. Bouts with chimneys not exceeding 60
feet in height can pass under the bridge on the
highest floods recognized by the court.
A. There are SEVEN STEAMBOATS,, recently
built, which have raised their chimneys to
heights varying from 20 to IS feet, and which
claim the rig bit TO pass the bridge, in any stage
of the water, without lowering their pipes.
5. To accommodate these seven boats, the
Supreme Court has decided that this structure,
which cost more than TWO HUNDRED THOU.
SAND DOLLARS, must be abated.
6. The plans of the bridge were published
two years iu advance of its erection, and no
complaint or objection was made until the
Bridge Company had expended their entire
capital. CHARLES ELLET, JR.,
Civil Engineer.
THE WELDON BRIDGE AccIDENT.-Ac,
counts from Weldon up to midday on
Thursday, represent, of the seven persons in
jured by the fall of the Roanoke bridge, six
were severely and one slightly injured. Those
badly hurt were doing better than, under all