Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1854-07-03
The wheeling Bridge COMPANY.


State of Pennsylvania, In the Supreme Court
Wheeling and Belmont B Before s justice Justice Gsi
Bridge Company. at Chambers Applica-
ton for injunction.
Und.r the Act OF Congress directing the allow
ance OF iniunctions blythe Supreme Court of the
United States an application made on MONDAY
the goth day of June before the Hon. r. G. Grier,
one of the Judges of the Supreme Court by F. W.
Hughes, Esq, Attorney General, and Edwin NJ.
Stanton as counsel of the State of Pennsylvania
for an Injunction against The Wheeling and Bel
mont Bridge Company to restrain them from re-
building tLeir bridge over the Ohio river at less
elevation than prescribed by tile decree of the
Supreme Court.
In opening the case Mr.. Stanton said that the
bill OF complaint was in the nature OF supple.
mental bill to execute the former decree of the
Supreme Court and 10 restrain acts now in pro.
ETeSS contrary TO that decree. As the bill was
one of unusual character, and the circumstances
OF an extraordinary nature he would briefly explain
the nature aud cause of the preceding At the Adj
1ourned term of the Supreme Court IN May S52
the defendants bridge then existing over the Ohio
Iver being adiniged nuisance they were order
cd TO raise II so as not To obStruct navigation
and were allowed un:Il The following February,
10 comply with The decree. This order being
disregatded, motion was mnde for a writ or
execution and attachment against the officers of
the company, for contempt of Court. But the
defendants having IN the meantime procured
Act OF Congress declaring tile bridge post route
and lawful structure at its then height, the Act
was relied upon 10 protect them. In oIder 10
bring this set of Congress dir city before the Court
and test its validity, it was deemed advisable
to press the motion Tor attachment but to file q
supplemental hill to execute the tormer decree nd
upon it raise the question the act of Congress
50 as TO be free from all other issues. The motion
therefore was not prosecuted but dismissed
bill was prepared and was TO have been pSeSented
TO the Supreme Court at its late term. Before the
day fixed for the application for process the bridge
fei! down and thus all occasion for collision be-
tween the powers of Congress and the Supreme
Court WIS avoided. But the Bridge Company
having resolved 10 rebuild bridge with SINGLE.
track, a the elevation the fallen bridge, an
sppfcaton for lnjunct TO protect the ad-
judged rights OF Pennsylvania. and to forbid the
nuisance by enforcing the decree of the Court be-
comes necessary. The bill of complaint vas
then read BY counsel. 1t sets forth
lst. The former proceedings and decree of the
Supreme Court.
Cd. Tie defendants disobedience of that de-
cree.
Cd. II impeaches the Act of Congress, making
the bridge post route, on the ground, that II
gives preference TO the river ports of Virginia
and other States over the ports of Pennsylvania
imposes burdensome tax and duty on the vessels
navigating 10 and from the ports of Pennsylvania,
IS IN conflict with the compact between the
States, for the free navigation of the Ohio river, is
contrary tn the constitution of thu Uaitet States,
and void.
4th. The destruction of the bridge by accident,
the design TO rebuild al the same eevatlon is then
set forth.
5th. The bill prays Subpoena, and intermedi-
ate Injunction agains; rebuilding at less eleva-
ton than was prescribed by the Supreme Court
Afhdavits were read, supporting the charge that
defendants were rebuilding, and that notice of This
application had been given.
Mr.. Justice GGier. "1he injunction muStisSue.
When this matter first came before me some yeas
ago, would have allowed the injunction, but for
aqueStion of jurisdiction. That question has been
decided by he Supreme Court, and the juriS,iic-
lion sustained, so that whatever doubt there NAV
have heen, there Is none now. The Bridge has
been nuJudged nuisance by the Supreme Court,
after n long and CAREFUL enquiry and full invesi-
cation and argument. y higher power has swept
IL away, and the defendants have no right 10 re-
place II. No question can arise under the act OF
Congress which r=laied to bridge, not now in eN-
istence, and am not called on 10 decide W hat was
the effect OF that Act, or whether il could have
any. The Supreme Court have decided at what
elevation the defendants may build bridge over
the Ohio. 1t is the duty Of the defendants 10 obey
that decree, and it is my duty 10 enforce 1t by
injunction on an application made 10 me ns one oil
the Judges of the Supreme Court in vacation. l
allow the iniuncliou.'
An order of injunction was thereuipon made
The Clerk of tic Supreme Court of the United
States was directed 10 issue Subpoena and
wit of Injunction, aud tue Marshal of the Dis
trict of Columbia, was directed forthwith 10 serve
them.
t-Y-The New York Tribune has been fined $3.50
fnr an alleged libel on Capt. Thatcher, who it had
changed with being in the slave trade. Will the
Tribune abide the decision under this law, or will
II repudiate7-Bait. Pal.
Give the Devil his due. The Projectors OF the
Tribune have been fined for the publication of
dispa,chsent from the telegraph Office at Boston,
and which con'jned libel on Capt. Thatcher