Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1855-07-18
The Rock LELAND Bridce ca..

The Rock Island Bridge Case.
Before Judge Mclean, at Chambers, at
Washington City.
DIsTRIcT OF NORTH ILLINOIS.
Tie United States, vs. The Railroad Bridge
COMPANY, ct al.
This is an application by the United States
for an injunction against the railroad and
Bridge Company, to prevent them from con-
structing their railroad across Rock Island
and bridges connected Herewith, over both
channels Of tho Missississippi river.
The case was ably argued by the attorney
district attorney for the Northern District of
Illinois, for the compliments; and by Mr..
Reverdy johnson, and Mr.. Sergeant and Mr..
Judd, on the part of tho defendants.
The bill states that as early as 1912, the
western extremity OF Rock Island was occu-
pied as military post, called Fort Arm
strong; that various buildings and fortiGoa-
tions were erected thereon, by the United
States, which was occupied for military pur-
poses from 1916 to 1886, at which time it
was evacuated by the troops of tho United
States and ceased to be military garrison.
In April 1925, the Island was reserved
for military purposes Ly the Secretary of
War, of which the Commissioner of the Gen
eral Land Office was informed, and by him
due notice was given to the register and re-
ceiver of the land Office in which the reserya.
ton was situated. H
By the order Of the Secretary of War in
1885, the whole of Rock Island was reserved
for military purposes; and the register and
receiver of the land Office at Galena, a new
land. district, which included the Island, we're
duly notified by the commissioner of the
general land Office.
Since the troops were Withdrawn from the
Island, it las been occupied, as the bill
states, by the Indian department, by the or
dinnnce department, as depot for arms. &C.,
and by agents Of the Quarter masters de-
partner, for the protection of tho property
Of tn. United States, up to the time Of filing
the bill. And the complainants alledgr, that
the defendants have located their railroad
over the Island, and by their agents have
made large and deep excavations Of earth
and embankments, on the line of the road
over the Island, removing rocks and cutting
timber, greatly to their injury and the injury
of the soil, for which injuries no adequate
remedy can be had BY An action at law.
And the comrlainants also ailedse that prep
| aration has been made by the company for
| the construction Of bridge over the western
channe. Of the river, which will materially
obstruct the navigation Of steamboats,, many
F! of which ply upon the river several hundred
miles above Rock Island, that steamboats,, in
carrying on . commerce on the river, fire.
quently take boats or barges in tow on each
fside Of them, which would require much
wider draw to pass down the river than the
one proposed to be made in the bridge, and
that it would 1t all times be .dif6cult and
dangerous, from the rapidly Of the current
for steamboat to pass through the draw
On these gronnds substantially, and on
the ground that the power to regulate COM
merce among the several States il invested
in Congress &c., Az injunction i asked
After . full review Of the 90 in al its
bearings, Judge McLeas delivered the fol-
lowing judgment: #s t
Having considered this great case, in re-
gard TO the legal principles involved, under
| the federal and stste goveInmeEts, the mag
/ nituds Of the enterprise, the interest of the
public IN the road, and the commerce Of the
Mississippi rirsr, Ian brought 70 the conslu-
sion that tho eomplainanis ars not sptitlsd
70 shs relief asked j; and, tharesors, thss mo-
tion for an Injunction u oysr. rulsd. ,sss szsS