The Davenport daily gazette. [volume] (Davenport, Iowa) 1856-1869, 1857-09-07

The Albany Argus contradicfs ia. report
recent, sent Abroad b. telegraph that the
COMPANY chartered to bridge the Hudson
NJ Albany had abandoned the prui.ct, in
consequence II judge Nelson's decision, and
were about Ia tunnel the river. II SAYS
The decision Of the Jads-. which Aa. BEEN much
mi-rrpre-cntsd, was 70 the effect that bridge VIA.
constitutional IL u did hot prov. material obsiruc
iion 10 navigation and hr required tse Company
who are perfectly willing 10 a. With the work
with the crrtsiniy ~ constructing II tina. Il viii
not st-rirre with the commercial u.s " tbs river
produce proofs sad plaus ~ thai effect before dis
.oslus the Injunction Tlfs they mH a. and ne
rvrk tfM g. en-
Judge Mclean, in his opinion with res
pest e. the Rock Island bridge, went further
than Judge Nelson, assuming that raiiraads
aud river sfood upon common Ground a.
measured by their necessity and utility N
furnishing facilities for the tran action u
the bu-inc.s Vi ia. country, The latter
must yield so.newhat IT, the fnrrner, and
rice rersd. That Is, a railroad must he al
lowed To pass by bridge "ycr river
whenever the public intcrc L should require
I; but the bridge must b. - constructed
a. not materially 60 interfere With tie u.c
Of the river ior na,,aahic parpos-s. TIN.
is beyond all question soliia opinion, and
one To- which all Judicial decision upon the
/ subject will eventually haze t. conform,
| IL >ay without qualification a. Judge Mel
on does, that bridge shall not interfere
/ w.tl the commercial Use IL river, may
mean ia. saur thing thai Judge Mclean
/ lmd Ia bis mind when lie gave his opinion
Lnt the assumption d n,Il broad enough a.
meet the Whole ease ~ how agiiated IN the
public mind. Any bridge, no matter how
constructed, might he regarded n to Ger.
tain extent an obstruction a. the na, yatIon
II n river. No matter how high ii mig lat
be raised, IL must have piers ami nbntincnts
and against these an unskilinl OF careless
pilot would DC liable t. run III, craft rs La,
been the cast ut the Rock Island bridge
4 fair reciprocity of accommodation must be
conceded ON both sides, nnd this is quite a,
much AS can he asked by the special ndvo-
Gates Of river navigation
| This question, however, will bc settled
more by cnmrnon-scBrc regard Tor the in
terests Of the community At large than u,
| tue nice considerations uf law involved IL
pfccedcnts. Thee are ~ pactdtslis, Ia Jaci
seh,ca apply u hs case. Railroads are new
creation Of human genius, they supply
great need 81 advancing civilization, and Tia,
nero techncalities Of law, MS intcrprete,
/ by narrow minded Judges, will not be nj
lowed to stand IN tue way VI the accom-,
plishInent Of their fullest measure VI useful
ness. And IL fortunately happens that c,el
local seliishncs-, which no" Opposes Tia,
bridging VI RIVER, Is compelled o. worl
against itself Oi this IT. Louis t. M in
stance. A portion II Ler people have mad,
bitter war upon the Rock island bridge
built for the Use Of the Rock Island aud til,
| Hell Al.
.anc time that they we're cxcrting all thci
energies to build bridge across the Nj,
sissippi at st Loui, To facilitate the busi
ness If the Ohio and Mississippi Railroad
or rather To enable St. Louis to secure tia
principal portion of il to herself Soft vii
Lee everywhere. NJ interior city can "
named that j. not quite n, much indebte,
10 railroads u, g. rivers Tor IL growth all,
prosperity AMI the claim, Of the iorne
will have To- he recognized accordingly ~
| fI;..,. D..sg