Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1854-07-04
The wheeling Bridge.

An Injunction, issued by Judge CHER, of Pitts
-enrsh, one of the Justices Of the Supreme Court,
has just been served on me as an officer Of the
Wheeling Bridge Company, commanding me 10 alb
stain from placing any wire, timber. bridge or
thing whatever across the Ohio river at less eleya
ton than is provided for the decree of the Su.
preme Court entered in May 1852.
The Wheeling Bridge was constructed under a
charter granted by the State of yirginia, and en-
dorsed by the State of Ohio; and, subsequently to
IFS erection, the company were authorized to main
tam their work by an Act of Congress making it
Post Road.
The grave question, whether tthe power to es-
tablish Post Routes.'' and .the power to regulate
commerce among the several S,ates,' really re-
sides IN Congress, and may be constitutionaIly
exercised by Congress aIOae-or, whether the Con-
gress holds these powers, as maintained oy Judge
Grier, subject in their exercise, the consent and
appreciation of the Supreme Court, is one which,
Iimagine. will demand nd receive the conslde-
ration of Congress and the public. need not
discuss it now. But, take this occasion to say,
for the information of those whose duty it may
yet become TO deal with this issue, that If /
am not obstructed by the Court, the repairs of
the Wheeling Bridge will be so far advanced that
the structure may again opened to general travel
and the transit of the United States mails, in tipO
tcseks from this date.
CHARLES ELLET, IT.,
Civil Engineer.
WHEELING. Va. July 4, 1854.
The following is the actof Congress upon which
the Company rely for authority to repair and main
tain their bridge:
AN ACT
OF THE cosoREss OF THE UxrTkD STATES.
tAPpOped, Aggust 81, 1922
SEc. 6. An6 Be it further enacted, That the
bridges across the Ohio river at Wheeling in the
State of Virginia and at Bridgeport in The State of
hereby declared to be lawful structures their pre-
Kent position and elevation, and shall be so held
and taken 10 be, anything in any law OF laws of
the United States TO the contrary Notwithstanding.
SIC. Z. And be it further enacted, That The
sand bridges are declared 10 be- and established
post roads, for the passage of the mails of the Uni
Ted States, and that the Wheeling and Belmont
Bridge Company are authorized to have and main
tain their said bridges at their present site and ele-
Vstlon, and the officers and crews of all vessels
and boats navigating said river, required to reg
ulate the use of their SAID vessels and boats and of
any pipes or chiinnies belonging thereto, as
10 interfere with the elevation and construction of
said bridge.
The clauses in the Constitution of the United
States under which Congress obtains the power
which they have assumed. are these:
''Congress shall have power to regulate COM
merce between the United States and foreign ma
tons, among the seueral STATES, and with the In
dian tribes.'s
Congress shall have power to establish post of
fces and post routes"
Judge Gries has granted an injunction 10 restrain
the Wheeling Bridge Company from repairing their
bridge, because, in his opinion, Congress has no
night to exercise these powers without the consent
OF the Supreme Court.