The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-31
THE ALBANY BRDGEl CASE.
Our Troy Correspondence.


prayed for restraint the building OF the Albany bridge
was delivered at cAnsndaisna yesterday and certified
copy reached his city this morning ct about O'Clock
The glorious udnss that ,he injunction had granted
Few the city nsananeously were, and general
conversational and socis ocng the Immediate
suit Every citizens coun,enance wore the aspect OF q
victor flushed with the choicest success The
fat and It's proriety have been the prevailing theme OF the
day, and there-win ousess be public demonstration
behalf worthy OF the yni!ude of the subject and
the controlling petition il pies In the breast Of every
Trojan, many or whom for years past have thought,
bled and died" upon the legal and legislative field
passed by this very point
CHANGING at the opinion itself ysu viii observe that
Judge Nelson pronounced the bill unconstitutional and
void Bat II yet, OF course, remains optional fnr the
Bridge Company, togo and take proofs in the case STILL
Judge Nelson will give 3 final judgment Of the Circuit
Court peuay eponing the company against the cree
ton Ct the bridge Upon this decree appeal may be
taken the Supreme Court OF the United sas and there
can be but little, II any, doubt that that tribunal ~in
affirm the decree o! the Circuit Court up the pr.nspe
tail down by their Honos In the celebrated "Wheelng
Bridge care The true rule would be- that belov
rorts Of entry delivery bridge by State authority
be allowed that substantially mpedes vessels sailing
under United aes license. All American have
right to navigate without oostrucSon nationally navi
gable waters. and would, indeed, seem to be desirable
that the national courts shoud armly protect the freedom
or our public rivers, hsrbors and lakes.
UNITED STATES CIRQUE COURT.
Robert D. Silsu 81 u.s. The Hudson Riuer Bride Company
NELSON Chief Justice This is motion behalf OF the
complainant who gagged In the navgau Of the Hud
with vessels enrolled and licensed under acts OF
Congress- In the cohs,rg trade for injunction against
the defendants to epjoin them against erection of
bridge at Albany, which 1t ia charged will seriously OBJ
struc the free yigaton OF said The Defendants
In answer TO the MOTION up anac or the Legislature OF
New ORR, passed April O. 1858, comforting upon them
tnory 10 erect bridge the Hudson river at the place
ance thereof The eighth section Of that act provides for
the erection OF bridge (which shall he constructed
elevation at lea twenty feet ABOVE common tide water
as to allow under the free passag, OF canal boats ant
barges Without masts and with dra therein OF sad,en!
width to admit the free passage Of the largest vessels nayi
eating the said river, and at eat tao huniret feet In
width or Of two draws Of a, least one hundred AMI
nifty feet each whch draws shall not be oostc icted by
piers or other wise ani in such to
cause no substantial impeachment or Obstruction to
hereby created shall at ali times during the OF
vigson the sad crar be opened, kept opon
except for the passage Of railroad trains Of cars and shut
whenever the same muy be necessary ooats or ve
sells wishing TO pass such draw sha 81 all times have
such draw shall be prcply opened 10 any sush boat or
vessel on signal, gisen before any raroai tran
non pass" There ar other Clauses in the at relating
20 the towing Of saing vessels throveh the draw; for
lights al nigh on the bridge and for the sand
bars other created by the erosion o. the
bridge or the Piers OF the came. There proyi
tenl TO limit the use Of the bridge to The o.
trains Of railroad cara acrcs, the river; but upon
q
think The power con'er ed upon the defendants Is
extensive The fret secion constituting The socxhoiers
corporation declares The objsc, to be the ,cng and
maintaining bridge Tor the purpose of raaJad travel
and transportation across Hudson river &c and the
eighth section coptan,a clause tina, the company saal
for the passage of railroad rans Of aud when
ever the same may be ne,e.n,,' nc. b, etwefh sec
zion provides that "sfer the bridge sha com
pleed such tolls ana charges may collected for cross
ing the foot and With wagons carr or carriages
OF any kline and vi horses. or other All nails other
wise, as the directors from time establish,
&C. and any person crossing attempting said
bridge without ing the proper toll shall be subject
penalty OF ten dollars, in addition the noun
OF the toll each eerson persons ought have paid"
This section must be cad In connection with clauses
already referred to, and is significant the intent and
meaning OF them by the Leysasre, and very clearly
dcates l1ai the purpose object Of bridge were not
simply the SEPARATION OF railroad trains bat In add
uop, the accommodation Of the public In general travel
and business, by the use Of il as q common highway We
,ha no stop 70 reason out this view by costur The va
roas provisions Of the charter bearing upon it, bat sh,
ed beyond sny reasonable doubt e
the Gaze, therefore, whether not dge CONTRACTED
according 10 directions In the charter for the conveyance
me Of trains OF railroad cars, aad for
moeaion OF the travelling and BURNERS public, IN general
will constitute obstruction Of the free navigation Of tbs
river within the meaning OF the constitution aud
OF Congress, securing 10 the complainant ami other
Llizens right TO the enjoyment OF the the e.
the defendant The proofs before bearing upon the
question very vouminos and connsng snd IL callei
SIGN considerable he.iialon ard enbarrsssneul Toe
question, however, az presented here 90 this motion Is
W II
inquiry whei' er Gaze has been pressnled which calls
upon TIE Court to interfere and Sresi the erection Of the
Animation OF wse pes sId ma ufe oonsieraon Q, the a.
lescc obsiruohtn. Aprcumnny inquiry IN this and IKE
cases s1ord especially be maze by the parts COMPLAIN
ing, ard Tic work contemplated prompy ni.iued Il
there should be any reasonable grounds for believing tn
she bridge nigh, finally be held an obslr esn and hcsce
subject 10 be abas5 as the exp n,e aut los u h2 de-
fersnis involved might otherwise be heavy acd run0ug
Consideration that pressed most irosgy spon be coir.
% passing upcn the obsacon 10 the ase Or toe wheeling
brtge the heavy expenditure Of the dsfsc fars
TIE erection, and regret expressed aitae Ja'go BE-
fore wb,m the aTphcafon for ihe Injunction was nr',
made had rot eponed any further proceedings uu t5e
GrsN qucEdSu involved DAD been laiiy dsyoisi o.
No court can ayod fcclrg The weight q tai oousiori
zion, or being considerably pesegooi b. IL 10 de-
hbeIstg up1 the application or so iriu1cion rel, sal
"a encouragement So on aad may greatly enba-rAss
df,r,ai from o ordinary one, Shcrc the only o~i or
the ooThplsirsu " such hs iiglt regarded
doubtful TIE Injunction y usually Withheld on the rgbi 3
estAbluLea by trial AZ law. tie hae hslring Bl
IN the present and similar c.es the In iry 70 the
pIinanii MOI ouy nvovet, but a,o en0curassnsai 70
ne esieaesss 70 60 On ssiSs :, hssyy esgsnsr9,
regsrd and der useless. Those condierai01s have
TED the Courl Of Chstoefy m Easanissp ecay where
tbs s of TIE conplsnaat IL clear Dat the o5sir actions
deried nd the n be sent 10 c5I C. Law for trial
10 socompAsy the order With Al lei nc on until ne
law Nov 10 lhs there IL issron 10 the utc,
or 10 otbor rorss The legal right Of e nplansn %
ms has been secured BY the consutou and o. Con
gress under which the righi s claimed ava Witch IS
NnCcntand u, rot ufDe1 on We hkcmsbi Ice
defeace vas placed on the grorne tha, bridge
coos,rucied 90 provided for In the charter, woIi
ne, Substantially obsiruci OF Impede THIS right, oni,
90 the Cos.-nry, was consistent VITA us fui eniU
meut II b upon TIA question that entertain d0ubI At
She pfcsesi stage OF TIE proceedings aEi proofs 10 tle
care and not p-erarct 10 agree With the cseuians
carrot say - az rcseli advised, that the erection o,
The bridge IN We e Uescrbei ADD Ia connection With
the poses conferred re OF u, will not be sTols
or maiera obuuc0n - TIE free navigation OF tne river
What he from MAJ be up5n a full ard thOrorg1 de
veop ment q tne scts o course % 10 nov impossible 10
detcrmne Wet7etk only Of the rs nov presented
Many o. the iec uro1 hcn TIE question Of obruc 10,
must ultimately tTr have not been s1lo emily attended
20 by either OF the pNtues Before tie nua hearing tier
will doubtless realize "a ~ imp1ran,s an present them
with more method ani accuracy " the court. In nv
judgment the real ana i1rnne point tie c,e IL yhst1er
not, tgardlug ne pro0aJ usye traosp1rtso1
across the bridge by railroad aud a. 90 non n
and a,o The hu.ness dep,nlnr MN y. g. III