New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-11-23

r. hdoe ia cons,rncied while tho draw is open, anh
that hooking TO all the facs ABOUT winch there ct %
reasonable dispute Il wiz 'see iiou NE " Tine
,orutes To pass the dfas-t mean "n an average. 80
90, ,ov IN exisfenr e. and the roads when ma! So"0
Tito existence aud which will be entitled ." ".
81 of this bridge uLder the provision OF tne oaa 49,.
h<csu.e il looks 10 the creation of other ioa''
have train Of passing every ten OF ,t
utss 10 n day. tut lokiug to the c'ous -, IL !,
now actually existing, with the M h ,i, ~ -
ii is now known vii be pa.slDg .'y a n mon an sy
coming to aud gong from Aban', . - !" :, , 30
,ago eke ,gel,e minutes open th4t ara" so hs D
LEI che vessel pass We'll, there hriog ntlegh vessels
tbs will r, onir the draw and t"ke only twelve nouns
VIC. .n a III vcluding the passages up and dowo
IT, Wy =, n;aht woui make total of loo vessels
80. hsck yard and forward through the draw. As
sumrg that II VIII take twe'e "inlteS, tne result l.,
a., en The twelve hours Of each day shall have
,ie ..ad Of those lJ6 ve-sels which n only pass
.nnsb the draw, % will be left upon the other side
Of he bridge or tbis side rs they NAY be going down
ar mn And hot that delay may il please your
borors more than vice the nun1er Of the passages
upable 20 get through IN a cay? l. that the delay
ttat Mr. Justice MLean, speaking for the Court.
sopposeo would be the delay not materially affecting
the right 20 navigate the stream. Whist was the de-
Iay he spoke of II Consequence Of this, Mr..
Justice Nelson will perhaps recoec that induced me
TO mebo a motion. Immediately after the opinions OF
the Court gwen in that case for the suspension
of the judgment unt an opportunity could be afforded
Of showing the Court that draw might he cOnstract-
ed. After denying that, did the Court mean to con-
trOver the right of the States TO trdgs their Davga
If the obstruction be slign, az draw 10 bridge,
which wond be sojc oad oOnvep'cHf for he passage
"o) res,cs il would not be- REGARDED "a busance."
And aferwaid he tss us what he considers would be
signt, by saying, " a delay OF a few Minutes"
Ifhc obstruction be- slight draw in bridge" Sc
Now propose Ia construct draw, aud in relation
70 That efter expressing very great dOuot Wnethera
draw could be- cots,ructed, lac says, " We do no.
eanciion them.''
That is the project of making a draw" further
fto leave to the defendaots to work od and secure
~ ahul fnk la ufr.ir .nlf
stated in this Union, the incOnsiderable delay of
"or mputes in passing The draw and running the in
"creased distance Of the Western chanDel, does not
"contttute material objection
Well now, may II please the Court, that said
with reference TO tho Ouin River Can uybody sup
pose for moment that the Court would not nave
considered any draw that could have been made in
that bridge than a slight obstructlon on the
contrary, that thsy would not have held il to be
material obstruction, if the effect of i, to keep
back for II hours every day more than half OF the
navigation that plying upon the stream. II that
is not mateiiol, what is natenali
Now may il pl-ase your Honors, as To these engi-
Deers There VI two ether wtne 'ses in relt-
ton To- this question of material serious obstruction,
who believe not engineers, but who answer with
q precision that is astonishing. One OF them WAS
asked what do you consider serious obstruction
Anc he scientifically. dc considered
serious obstruction to when the bed of the river
gets too 10 the to- OF the river, That is scleu
ihc Of one Of there scientific gentlemen, and
good many Of them are of that description. Science
does wonders, but science al 'imes makes men mad
aud mere particularly does il make bridse-bulliers
mad when they want to build bridge.
AS to MIR. McAipne evidence, upon winch great
reliance seems to be placed by the other side. The
charter granted to this Company III the first instance
prescribed that if the bridge Lad but draw it
should be of go feet in width il two draws OF 80
feet cuch. 1 wooder how the Legislature cane to
impose that obligation the Company. Looking to
the great interests of the State Of New York, they
could only have imposed the condition under the per-
suasiop that one draw Of less than 800 or two draws
of not less than $50 feet would not answer the pur
poses of navigation. Somehow or other i do not
know how the Legislature, by their own reflection,
or perhsps il was sTggested to them to the
cluson that draw Of 200 feet could not be male, nor
draw Of $50 feet and they amended the charter by
making only the duty OF the Company to build one
draw of $50 feet two draws of 30 feet each, and
Mr. McApine il called for the purpose of proving that
one draw Of $50 f.et or two draws OF llO feet each
will answer for the navigation OF that rlver was
startled confess, when understood he had 50 testi
fed after his evidence in the Wheeling Bridge. lie
got the better Of my cepts Ill that Csc, Tor II was
upon his testimony that the report and the decision
were founded. wanted quite moderate draw-the
iess the draw the better for the Bridge Company.
They had spent some S200tO0 $500 600 10 the con-
stiuction Of the brdge; the money was all gone, ana
they did not want the ADDITIONAL expense oil eleVdtnS
the bridge to anything like the hight proposed ny or
Chancellor Walworth; nor to be put to the expense
of Inukipg an extrav igant draw upon the western
bridge and suggested oD behalf OF the Bn1ge Com
nary that there might be n Draw IN the suspension
answe the purpose i'll tue first broge UPON the other
side. and tie matter va. referred To- this engineer,
and We have benefit Of his experience Your honors
will find that part OF his report winch is material 70
the question, beginning ut page OLD OF 18th Howard
and running onward. The h~t question put to hun
VAS ,,,
that shall afford safe aud nient passage Tor tue sfses'
class wicn ply Pusbursh having chimneys
high and depth Of water Sc feet from tue ground
Ano if such draw be practicable, he was to give
de- nj what should De
for the purpose If affordipg safe and convenient
passage ior the large class OF steamboats,.
Seoendy Whethr such draw NAV be- conracsed III the
wooden brid,e over the chanar of the rver
Thdy whrhes the removal Of the western bridge Wi.
rn an channel for the WHICH no~ pass
Whtrg having chmne,s - feet high at all times ~ neh they
Fevh Whether the removal of the flooring OF the stse
as Proposed will enable packets 70 Pass having 0o ee'
Now there are four plans submitted for his
alteration upon each of which he Is asked to report
First: Can draw be constructed OF snch dihcH-
sons in the Suspension Bridge as WI AFFORD saie
and convenient passage for steamboats, oi a larger
class plying the river !.
Second: Can such draw, that is draw OF de-
mensons equiv sleut 10 the purpose OF aiorohg sucn
safe and convenient passage, DC ni"de III 'o "o''"
bridge ? ., .,.,
THIRD Can the wooden bridge be removed alto
vother to afford safe and convenient passage
tur such steamboats, that side Of the rver when the
water il al such stage that they are unable u pass
,nder the Suspension Bridge
I, Fourth. Can the flooring of the Suspension Bridge
leaylDg only the rons susPehotu ia d-ail oe 'aAo"
AWAY 60 as 10 afford safe and convenient passage
tor the steamboats, in that channel OF the riverl
See what he tells us, may il please your Uonors,
and then cease to marvel at what he tells us now
You esp: d.. .A 49,
daily packets &c"
lin dire, channel with ,,odsaie current and ia faro,a
AZ, ,eeorh,y draw Of leo III width would, with skia
psvssop sufficient for the safe AID convenient passage oil
such ve<scls." ., !, =, =
But then the current must at the particular period be
moderate, and above ALL the weather must DC iavor-
able. a.. a.. ~,