East Saginaw courier. (East Saginaw, Mich.) 1859-18??, 1860-01-12
From the saginaw Spirit Of the Times.
TuE RRIDGE OIESTION. -

iut bNtDGl VI 10 "A lONs
The correspondence which we give be-
low was elected from Mr.. Bates at the
instance OF several OF our leading citizens,
who desired information ON the subjects
Mr.. Bates is one of the most successful
and profound lawyers in the State, and
his legal opinion on-this question, is there
fore entitled to much consideration:
DErRoIT, December 80, 1859.
To G. w. BULLOCK, Esq. and others:
GENTLEMEN-Your favor of the 2sth
instant, asking my legal opinion as to the
power of the Board of Supervisors Of
Saginaw County to authorize the con-
struction of bridges over the Saginaw
River; what provisions will be necessary
to guard against Instructions to the nav
igation thereof; and the liability of the
stockholders of such bridges for losses or
injury by reason thereof, to boats, yes
sells, RATS, lumber, Sc, was received last
night, and l hasten to answer it, as fol-
lows, viz: H '..H.
[. BY the Ordinance of 1877 and a
variety of acts Of Congress, the Saginaw,
like all the other navigable rivers of the
Northwest, are declared to be Pubic
HIGHWAYS forever to the people of the
United States and England, and of course
as such they can never be legally OBJ
structed by any erections. 1t will there
fore be necessary for the Supervisors to
giant the privilege only on the condition
that the bridges are constructed with
draws so arranged as in no manner to
hinder, obstrnct or delay, the free and
easy passage of boats, vessels, RATS, lum-
Der, &C., and bridge thus constructed
that did hinder, obstruct or delay, pass
age over this highway, would be a public
nuisance; and might and would be abatcd
by information or indictment.
3 That the Board of Supervisors
may authorize the construction of sucl
Bridges with sufficient draws as will give
a free and easy passage to boats, vessels
RATS, logs, lumber, Sc, there can be ne
doubt. Vide Vol. |, Compiled Laws
page 545-bridge companies
B. As to the liability of the stock
holders individually for any damages that
should happen to boats, vessels, RATS,
logs or lumber from an imperfect or inn
proper construction of such bridges, pro.
vided that the boats, vessels, RATS and logs
did not by their own careless manage
ment and want of skill contribute to sucl
losses, think there can be no doubt.
Sec. 8, Vol 1, Compiled Laws, page
5l7, makes the stockholders liable for al
debts and demands against the associa
ton, which shall be contracted during
the time Of holding the stock; and this
provision evidently does not cover de-
mand created by loss or injury from the
construction Of an imperfect or defective
bridge which obstacle hinders or delays
a free passage on this highway-the Sag
inaw River. But on generate princi
pies, if any parties, stockholders or other
wise, were to construct bridge or any
other obstruction in this highway or riv.
err, they would be liable for all damages
arising therefrom. If the bridge were
so constructed as not to obstruct, hinder
or delay navigation, no one would be liza
bic for loss thereby; but if it were so con
structed as to hinder, obstruct or delay
navigation, then the owners and stock
holders would be liable, collectively anc
acknowledgements the loss was oJca
stoned by the willful neglect or careless
ness of the master, owner or driver of the
, raft, steamer, boat, logs, Sc. OF course
if persons were carelessly, wickedly OF
wantonly, torun their boats, vessels, RATS
logs, &C., on to an imperfect bridge, they
could not recoUer-but if the loss or in
jury arose without any negligence in the
management of the boat, vessel, raft, logs
&C., from the obstruction created by the
bridge, then all the owners, stockholders
&C., would be liable. The whole doc
trine as to such bridges, was fully settled
by Justice Mclean in the 9th volume of
his Reports, in the Rock Island Bridge
case, where the principles are fully cx
amined, the substance and spirit Of which
| have given to you.
Yours truly,
GEO. G. BATES.
-s-