New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-04

Numerous adayits have been read made oy persons &C
ouanied with the navigation OF the sandusky BAY "ho
think the Bridge with the draws proposed IN hg VIVA
- - =; ds,k n;oit would Dbstrucf the navigation.
when the wind strong = .sid ny some ma san 1893
reouirs the whole width Of The Bay TO beat azani me
Wind and a. such fines sai vessel could pas the art
n } ,oucssd /. ls4 feet % b. 0psnsi aud clsse On
pivot IN the center !, admitted that SEA n vessels
would pass the draw with es' dineuiy N V-ss-i- Nlu
sss Tb class Of witnesses suppose that all vesse not
Tronsed bv steam IN strong wind could pass the draws
nlY BIZ the aid o. ropes varying NJ By the side % me
rers ard that ibis would considerable delay and
some expense Other witnesses of equal experience a>r
from the above They think that vessels can pass the
draws with little Or difficulty aud that even IN Wits
when high force them 20 anchor could pass oy
warning around the ers With ropes which would take up
very shert space of time and That ~ cool efter INC
boats would sail through the draw without loss 81 uns
Several witnesses speak of draws in bridge, over arms "
the sea- Of less width than proposed where VesTsis A.
constantly passing without complaint or delay Ihs WI
from the .eabOsrd when added 70 those ron me
lake are greater in number than those WHO uhhK 'hs
Bridge would Obstruct the navigation Of the Bay
Against the Bridge Il il urged thu, consierttonso p92
lie advantage cannot be weighed against any aPpreco e
obstruction that public nuisance cannot be tolerated on
the ground that the community may realize some adFan
tsgfs from its e1tence Such is admitted 70 be the gene
raj principle on the subject and yet there can scarcely oe
draw in Bridge which doe not % me extent aeAy vs.
sels bui this Is submitted to from puohc necessity
The draws in Bridges over Charles River which 10 an
arm NJ The sea must b. subject the winds and waves ana
sjso a, The flowing Of the tides and "; through these
draws more than ten times the number of vessels pass
daily than would pass through the draws 10 tns Ppo'l
ON the Lake is referred 70 Argument az inst the
Bridge Bot who undertake the navig ton o ye'es
are presumed TO have the necessary skill and all re ons
Of commerce are found this hypothesis nor an Ar
oumenf admissible that proper attention would no. BE- ph1
10 The by ssary lights and bands to open them
An such regulations are founded the suppo,ion That
uroper attention will be paid as ss than that would ex
pose the Bridge TO dsmage ~ .,,.
The Commerce Oh the Bay above the Bridge including
the sandusky River not large but it is Of sufficient in
portarce bring under the regulation OF the commercial
power Of the Union and 70 require is protection
In the Wheeling Bridge case, the Court held ara"
shoud be constructed in the Bridge the western chan
mel so as 10 admit safe and uDObstructed pasage ~ those
steamboats, which could not pass under the eastern bridge
il would be considered removing the nuisance con
planed Of To pass through draw on river when its
banks are fun and ts rapid is attended with much
more difficulty and danger than when the draw IS oYera
water sgitaied only, or chiefly, by the winds
Nothing is more common than tor witnesses VINO are
called as experts TO differ in opinion. And when TINS d
ference is nearly balance not to incline the sae
on either side however strong the testimony may DC "hen
received on one side only yet when both SIDES are con-
dered the parts neuraze each other so as TO produce no
very decided effect the mind This s the character OF
the evidence in the under consideration In sucn
case the preventive and extraordinary remedy invoked
ough not to be given. 1t is remedy which MAY be ram
ousio one Of the parties when the basis OF the acton Is
doubtful The prayer for an injunction is refused
Markets. CAREFULLY REPORTED FOR TIE TRIBUNE
NEw.YoRK. May s.
AsHEs-T market unchanged the demand is fair for Pots at
COTTNIbe market Is more thu further concession
making Ic the arrived 1850 bales sold to-day