The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-02-15


The Rock 1slana Draage.
- Judge HAIL. at the recent Oskaloosa Ceuv
= ton. sAid. In sahssancs. that in oil human pr
"a ability this bridge would have 70 come 40,
70 Suits had been commenced sgaipss Il IN N
70 damages TO very large amount we're claim
,. and proven-that the District Court had or.
6 ed an injunction restraining the Compapy r.
of making repairs, and upon the hearing Of ,
= main question, upon ito merits, he had no do,
v t0e bridge would be declared serious obs,r,
. sion to navigation and abated as . nuisance.
IN reply, Ar. Richman, Of Muscatine. enter
e plea Of ignorance in order 10 raise ! nresum
: ton Of falsehosd against Judge Hall. Reduce
: % plain English, Ar. Richman said, am an
sorney, gentlemen Of the Convention, the We
informed Attorney Of the Rock Island Bird,
Company, and 1 never heard Of this decision
the District Court Nsverl
The facts are that the Court did grant the /,
junction asked. restraining the Bridge Compan
from making such repairs as we're contemplated
There was also such an array Of testimony befor
the Court, Of SO positive and satisfactory
Character, from scientific men, eminent civ
engineers, . host Of pilots, bostmen, raftsme,
ETC.. etc., as to leave no doubt of the fact tha
the Bridge isa most serious obstruction to nav
lgation, aud when the case comes up for hear.
ing on its merits will be declared . nuisance.
The plaintiffs clearly proved the following yer,
strong points against the bridge:
!. That it is placed across the narro west poin,
IN the Mississippi river. where the whole cham
mel is contracted into about one-third of its
ordinary width, without any increase of drpth.
J. That it is placed in Q very rapid current.
3. That II is placed about 800 yards below the
lower chain Of the upper rapids where the an
proach to the draw from above is quite difficult
and where elaboration on the part OF the pilot
while approaching is impossible.
4. That the piers are Of the worst possible
form, and the turn-tabIe pier is lis feet longer
and 10 feet wider than there is the least possible
excuse for
s. That all the piers are set at an angle of %
deg. to the current.
9. That the spans are permanent except the
one east side Of the turn-tabe pier; they are.
the one ITO and the other lis feet Wide-a
space entirely too narrow to accommodate the
navigation, these openings might have been
made IS to 40 feet wider. These facts cause
the following obstruction to the navigations
2. The passage on the Iowa side of the turn :
table pier 10 entirely useless for the purpose of
navigation in consequence Of the large eddy
formed therein.
8. This eddy extends several hundred Yards
below this pier, and often out into the track of
boats entering from below, SO that the approach
from below is difficult.
.. Boats in ascending are obliged to enter the |
draw at an angle to this long pier, in conse-
4uence OF this eddy. |
10. The oblique position and great length OF |
This pier 1855 feet) causes great piIing up and
increased quantity of water on the Illinois side |
and consequently an accelerated current Al that |
3oint and unevenness of surface.
ii. After q boat has entered she is obliged to |
encounter this inclined plane and increased cur.
ent, and straighten herself while contendinc
vith these difficulties.
ii. In going out she is obliged to cross the
lead OF the short pier, and place herself at an
Ingle from the long pier.
IL. This latter fact causes an accumulation
u water between her and the long pier, and
'as tendency to throw her upon the short
'ier.
IA. In coming down q boat has to make the
urns as in going up, and to put on all possible
team to give her steerage-way.
Is. In all circumstances when in or near the |
raw, the wheels OF boat are working in diff
prent levels and currents Of water, thus rem
erng her management extremely difficult.
ID. These difficulties OF navigation make it
impossible for the pilots to use the means they
ave to the best advantage, aud any slight va.
lation from the exact place or direction, or any
light wind which may come up, has strong
'ndency to throw the boat upon the one pier
r the other.
Ia. That such are the changes from high to ,
~ water; from rapid to retarded current,
J Rock river may be high or low; from the
eht TO heavy cargo which may be on board; .
ON the different boats the pilots may be on
ON time to time; from the different state and u
,tion OF the wind, that no experience will en- i
Die them always safelysto pass the draw; that
e location and building OF the bridge there
IS been total disregard of all practical ex-
rience and wisdom, ne well as OF scientific u
lowledge and skill, and that the proof from il
ese various sources from the many expert b
en,s which have been made to test the cur
nts, and from the very many accidents and
uries which have happened there in attempt. o
z TO navigate the draw, make clear case oil O
obstruction which imperils the rights of eve s
person attempting to navigate the river at
at place.
Is. The navigation at the bridge is entirely b
opped for all steamboats, more than one-third Q
each day-that is, from dark at night to day >;
.ht in the morning; and stopped the whole of
any days, otherwise nayigable, because of
ind. r.
10. 1t also shows that this navigation is en-. n
rely destroyed the whole OF the year round
r the largest and best class of boats, and which :
ould otherwise be run with profit from et. II
)uis to 81. Paul, and that these boats are kept
ON the trade on that account. Ii shows that n
mbers oil large boats are or have been, during
e present season, lying idle at points above
e bridge, which might and would have been a
lployed in the through trade with profit, we're y
not for the bridge. a,
90. Il clearly shows that the boats which do
ke the chances and pass the bridge, are not
lie to load to their full capacity, and refuse
light and towing on that account. %
Il. II shows that more losses have happened :.
the bridge for the two years that boats
We been confined to the draw, than has hap
ned on the Upper and Lower Rapids for the Il
enty years-two-fold more. b.
22 II shows that the very best and most :
lied pilots who have passed it most frequent
feel little confidence in their ability 70 pass y
ID safety, and occasionally meet with very v
At injury and loss to their boats on account
the bridge.
rhe Mississippi river is q great navigable r
,hway. forming the boundary Of some ten ,e
ties, its bed being no whore entirely within r,
te, and ito navigation protected by treaties N
b France and Spain. The Rock Island Bridge S,
mpany, with no authority rave that Of An act o,
incorporation (more like ferry license, from C
State Of Illinois, TO build railroad bridge al
sr that part Of the Mississippi river within v
jurisdiction Of that State Tin such manner 81
shall not materially obstruct or interfere With T.
free navigation Of said river, have built ID
dge across the entire channel. in violation g,
the terms Of the charter itself. The author =,
Of this State has never been obtained. But N
"a had it been obtained, it would not and n,
nd not have legalized this great obstruction y
the free navigation Of the river, in which b
ne ten sovereign States are deeply interested, d
which il guaranteed aud protected in the :,
atiss. Of eession from Spain to France and <
10 France to the United States. ii
That the Mississippi river never can be legally :.