New-York daily tribune., 1858-09-15
LAW LVI'EZLIGENCE.
UNITED STATES CIRCUIT couRT-s.rT. H.
pycfStos - AD1iRtLTf "> ~ We
.......,.,.., a,,I ofaer- az tsTs rfi9'h- 90

Nx,soS q. The libel in this caSe wac hei 70
reeeser ih ," Of ~ :. e be az. a. io Jneo
T.c ground of he eiair as 'he non-ae,.y o. 'n q ~
~ ON so.ra ~h,eh d.ehsrg"d a. ihe 's"nr Ho."
isrf and were received Into tie Cutomiiol-' re's'o,
,,U and psyroent II dlte., and thai while thrre ney
S s1 a. Br.zlan G1sernueu; Tor alleged .iols.
,n ~ sere sot rsn tho ran, or va. any iesra-ion
made The tine Of -. delivery o lis dorent 20 the
Custom House oer For tns omission tAe rod were for
ftsd the Goyenner according % he rea;ons Of he
IT, 20 mis- siev &, has been insisted esponaent
that roods had delivered cOs7neesn plrsnan
q the h Of adiz previous TO ne ,e13fs ana 'a~ "a
condemnation u th. goods or The forfeiture necesay We
Md not how.ver ,,p 20 <sninc this question The -rsva-
men Of the b. the non delivery of e soods
nses and TINS view Of TIE case must be essoAHea IL oiasi
w. have looked the proofs upon this qles.on and
with the Court below that the goods were y 'he
ate. the hP uDi seized BY The Government
and they not delivered % The oonsgnees Al the time
the obsgness deprived of the assertion Of h, or
TIE N eon.eqasne. Of ,h. 10,e re e T ne re-
turned the execution Of COMMISSION on 5ehai Of the D.
they not well founded The objection hat the commsspn
BY bat Of Commissioners answered Dy
y on. of ,Le, s~crsi o2ms objec,as 70 ti. return
snswed by The ish Tnle Of he District cour And as %
,s ss ~. be Soe'i By 81 & &'1s sa Of 2 Ss
PrnA .ce evidence va. siyen Of me yaas o. me ~
iss 'O s,1e,ics S'is,ic; Dccrce 'ic telow affirmed
THE GREAT ALBANY BRIDGE CASE.
B.ftr, Judges NELSON and Hall.
Robert d. silnan AIT The Hudson River Bridge Coutpanv
This is bin flied in the Northern District Of New
yok fr an piuc % restrain defendants from erecting
.uy bdg over te tide Of the Hldson River below the
Cy Troy By Which any Pfan. y; ,tIcte '.s. b P-'
he rscr H. mcs elevated above ie ordinary hight
1t Of The Of the mast- and chinn- Of the
In the Spring 1856. the Albany Bridge Company with
capital Of ~ 0c ncorTHTa'ed by spa at u -"
Lgsa,Ir and intended 20 conn"e th' Contra and
The sct proiccs tia, ,he bridge shall be congTaccd
elevation feet above tine tdewaer, ard
Of fvf
vessels navigating the riyer ;he said pmPny not %
suffer bars obstruction which might be formed oy
bridge remain in the river t0 hinder the
navigation thereof und,r penalty oi t5 20 the state a.
well a. dan ages sgsaiued 20 the party ogsricye'i
In November lp5o motion for ir ninaiy injunction wa-
heard by judge fcOu, who alter reseTng t don sDou
year granted T.
Ths morning the came up for hearing is merits
Mr.. Wn. A. Beach Of Troy and Reyerdy johnson Of Bali
more appeared FOR the plaintiff; Nicholas m aud John W
Reynolds Of Albany the Hon WIN. II Seward snd John j.
Prnyn for defendants.
u. Constitution Of The United States and therefore void snd
h. pays for decree declaring its uncoDriuona'y The
Of the plaintiff sue il derived from hs coss'ng cence
from Congreps b. being part in Trojan baTgs,
which are employed in trade the Hudson
The falls under the clause IN the Cons' empower
Congess regulate Plsiuf AYERS tst ms
business and that o others whose livelihood derived from me
navigation the Hudson viii be seriously injured by the erec
Of the contemplated bridge which 10 70 rest Oh massive
piers eny IN esdth that The ryer is not al
enough accommodate lis ana that the
.Aient Of svEsfion ard nature OF e riVer are su ha no
dswhdge other than ssuspenson bridge be built not
serious injury 10 all persons whose business de-
penden; upon the navigation of the river -,-,-.,s
On the preliminary sIpcatioh 'htIe "eIe Two Pisi"s
ned but cement has been made 20 90 With
ss-.-the other ~ b. bound by The decision in this
the ground that the Court nave no JTs
icton m the case that power left with the State until
ConUs.s interfere. and declares the bridge nuisance
Mr opened the for plaintiff this morning and oc
,uri.d the whole reading large vcurne OF testimony
After the rssding viii commence his argument lie VIII be
followed By Mr. Johu w. Reynolds on the other side