The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-31
Aem ere entitled to the bsus. of the use Of the bridge

them, entitled the bsuen. OF the use Of the bridge
ms includes all the several lines Of road leading to and
from those points in operation that may be here
after constructed and In addition 10 this use, to be
taken Into the account the use for common asa
public highway AS 70 the business up and do w the
river by propelled by steam aud sal,
some idea may gathered Of the exteat OF the business
fact ted by several Witnesses thai a. sevsn egtas
Of all the freight uoon the wests aad Northern canals
arriving al and leaving tide water enter and leave the
Hudson river a. we< Troy; and in addition to this Is to
be added the business growing OF Of the coating Trade
carried on with The tosns above the bridge There
question also involved 10 this case that desire 10 have
discussed, namely hov far the personal duties and obi
cations imposed upon the grantees OF tho charter of
bridge to obs Iuctons to the navig alton occasion
ed by The erection should be taken into the ouut 10
deter mining the question OF Its lwfulnesx This
that the cousruotion would o,crs.e IS al imsdiment
70 navigation, but that couli be relieved by the
agency OF the grantees as the ob'ruct occurred
For instance In this charter 1. 10 male the duty Of the
defendants 70 keep In readiness seA tugs to to sailing
vestes through the draw also, tha. they shall no.
suffer sand bars 10 utnue that be formed by reason
same Suppose tina, the iraw constructed would not ad
init OF the passage Of sailing vessels without the aid OF the
Again, ruppose should be ad ned that piers Of the
bridge would be the OF the formation Of bsrs above
and below them 20 as 10 impede n,vg ton: wsud the
duty eponed upon the defendants In the charer, to re-
move the obstruction the legs, objection TO the
niger This question, far a. know, IL As
general principle 10 II very great i'm ortincs aud
have considerable bearing upoo this case In 's ha4l
hearing The opering and closing f the draw must de-
pend more or less up IN human asencT II must necessarily
be long Is asmi IL that pro dra may
hsve the bricge from obs rucons to The navg oa The
ques is how much farther may be relied 10 cases
where the bridge from 10 construction, cons flutes an OBJ
Hructou even with the proper management OF the dra Y?
Another question aso may be nvolved In the fna deter
miraton requiring the most deliberate consideration, and
that 10, how far the business Of the rivers
CT the counrytncsc great nat raj high ways for he
convenience Of trade aud Intercourse. to yield
10 the convenience and accom- mediation OF the
conve, ance Of passengers, the chief and pri mary
business and uses of railroads. 1t is uad,ibtcd
y that thesc farnish very considerable fAc
gers end deserve the fostering ald enc OF
the government and country; but i! will probably MT
now be Denied AFTER the srience posessed OF the prAc
ucL uses OF them, that in the transportation OF goods ca
pecally heavy fright they cannot compete With the
great natural thoroughfares subecte1 TO these uses by
steam esse and other water craft Great care there
fore, should be taken ha the facilities thus drni shed by
ben for the convenience the basness
and commerce OF the country should no. be
bered and obsueted by the erection OF artificial means OF
crossing as to render them virtually useies for the
pose OF NAVIGATION And 1t Is especially important that
general principles should be arrived ia this
by WIN h. while the fair and reasonable navigation OF
rivers is SO mred to the public, every facility Consistent
with the same may be extended to rail ,ad. In the p,
sage e,roes tn stream che principles proper to ,e
Piled to has case will be generally speaking applicable to
every other nitance or bridging this rlver aaa L.
rent that they must regulate and control he 'ect
that however null iped the exig nciss aad business
photographed navigation Of lbs river is st maintained
No one desire to this great natural thorough
fare :e,iossy Sb,sructei or Us eaans,, All
su,ut5n and acts Of Cmgress bu, hs-nonise In ths
ipct With what must be the feelings and ~shes Of the
whole bus ess community question was presented 10
this State in the Cont Of Uhancery AMI Court r Cor
recton OF Errors and decided namely, whether not the
navigation bet weeu d'fe parts upon q public river
within the same State within the 20 regulate
commeic among the Staes" need not De considered
such u,si,n has been msfe BY the defendants Tbs
afrnat has been manained by the highest authority
Ia this State. Is Cowen 49, tbs Steam ,ol, Co Ny
ipgston ID Wend la the eople Saratoga and Rens
selaer Railroad Co Nor need examine the question
whether not the In the State 20 authorize the
building OF bridge across public riser, navisabe from
the not subor tuaie to thai erred by The cons
tuition upon Congru TO regulate CON rerce, rs such
question has been made In this That The power In
WIS ALTO ir the fullest and broatesi the dstn-
gushtd Judge (Chef Justice Savage on delivering thu
0nion OF the Court in the two caes already referred
TO. u ION the whole, on the grounds, aad for thu
sion that II 10 due to he rights lad interests Of
The parties well a. the great questions involved TO
enjoin the ,ceedings In the erection OF Tho bridge uu
the 6nal hearing OF the would further suggest
with amendment OF this charter by the Legislature
since the argument. aud pending tho celebration OF the
notion has come under n9 Q, and II the charter 10
TO be regarded public act shall feel bound 10
slider al the final hearing This amendment reduces the
width Of The draw II but one fro two hundred 10
hundred and eighty feet and II two from hundred
and dry TO hundred and ten each Is true, tain
officers named may In their ds ne'on, direct those
be enlarged but this qualification presents contingency
cannot Doce attribute weight TO In passing upon the
question involved II Will be for the parties to consider
whether will lot be for the convenerce OF all concerned
that In the pre- AVIATION for the FINAL hearing tue amend
ment OF the charter be taken modifying the original
act 30 as TO embrace the whole In heang Much
OF the evidence before reacs To bridge WITH the
draws ognsny prcscfhed, and OF co:rse, I'D be
entitled 10 diminished seigh when used 10 uphold the
drass altered In the amendment Let iDinction Is
ue according 10 tie prayer Ct The bill