, 1865-05-16
FROM IOWA,
u. 8. Circuit tCnurt-kaflroad Hrtdres
-'biuucs1onH-Cont

Correspondence olthe Chicago T,ibunc.7 y.
DEsMo1NEs, Iowa, Msy IL, 1865.
In the e.sc Of Richard G. Gray against the Chi.
faeo, Iowa and Nebraska Railroad Company and
diners. the paiutff obtnlncd m Injunction before
Judge Love, Of the United States District Court
OF this state IN September last, cnjointng the
Company, its sgcnts, attorneys and servants from,
| proceeding 10 build or complete the ,aIlrosa
bridge ovcr The Mississippi: River at Clinton, md
brtdsc BUILDING sss for tune at siana still. so
1ttcmsined when the limited States Circutt court
1or THIS d'ttrtt met in November last, aud no &C.
taon Was taken th1t term by either psrtT either
10 dsh:olEe Or continuc the Injunction. Tho Com
WIS dissolved By the operation OF law, recon-.
mehced the work OF building the bridge soon
after the adjournment Of the November term Of
he pant IL Japu.1v afS5nsy fo,InE
tng. that the Company and lts a:torncTa. saents
and @ emPlo, ees were putting the work th1eu.hs
r. pte Of 'ss Ii. a. pjupca1a ts5a 1,ed fate
eon, Cd proceedings 70 s for contempt against the
bs iop heie aaa a st
hts Aas term. Yes erday Mes.rs. Wifhrow I
Smith and g. G. Nourse, Attorneys ior he defend.
proceeding on the ground that the proper nrsc.
uee was to nrtt EeTVe The defendants with nntfce
o. motion for their commitment for contempt
position Of the defendants was sustainca. ,ykeTe.
apon they offered 10 make voluntary apnearanc"
sunes s1,d, 70 ae proper motion II the planting
motion, and the attorneys for the defendants re-
sisted It upon he Eronrd that The injunction,
eesnE granted by Judge of the District Coart il
3. heen made ct the succeeding {Soyember) term Of
me CIeuit Conrt II Was dissolved bT operation Of
isW To sustain this position the defendsnts re-
second session 81 The Ninth congress apnrova M
Feetnafy l3th 1871, "a Tol. stat Ut Large, o. 41s}
ard re case q Parker ct. a- ega,nat The judges
~ ~ e sicalt C0aft OF Maryland, II Wheaton, SCI,
=. his posltton seemed somewhat unexpected by |
1ae .N movers for commttment for contempt, and It
Maa aIRueo oy the learned counsel tor the motion
enai ne act of congress was ahrogated aud re-
pesiea , n the lat clause Of rule number Ity-re
he 'S fea 'uss 81 Practice in the courts Of equity
that there WIS no conflict between rhe
lule and the statute anc that II there was the STAT
9te nst a. p.sxs rs It ~a: neve. intcadcd by Coz
epesl s!alute, but only TO pr0mn:gate such rules
e iplgat be necessary and expcdlunt, giving to
ZEN re lorco Of law 90 far ~ they did nor co-
M NJ ~ ty aay poslu7e provisions Of tho si4tate
The posltoa Of the defendants was a.atn sus,
~ ,g Y ane conrt ann he l3~t Injunction a;alnst
ioF cor tempt against It's builders went m
be judicial spout together.
Thus endeia the i1et lesson, which illustrates.
er'y Inactivity in dclicate injunction cases and and
be importance of sometimes getting rood res51
'tth bridge umbcrs and letting them lie uufct !
ntl the Close OF term OF court; and It Ia f!ius-
Fatirc OF fne aclflty with which bridge m,y bc |
ut over la!.c stream when t1sre il no legal OBJ
Erucdon TO lAs enterprise.
7 b. cenIe 10 abats tho bridge az nuisance and
bRt1uctfon TO the navigation OF the M1ssleeiLui |
still rcudine, Int will not be trIed belore tie
Eiy term, 1stG, The attorneys for the p,a,ntiI
Ec 7. D: Lincoln. Of Cincinnati, Ohio, and Jancg
rant, Esq, Of Davenport: and Tor the de!cna.
mtg, Mess1s: Jsnes i. Howe and Rlodgeit, Of
hleago, H. Il. TSr.ell, OF Clinton, and q. Q.
IS.
In the csse Of the Northern Line Packet Com
my against the u & ii. R. R, Co, 10 abate the
Is fled a demurrer to the bill which viii be
g1cd next - Aonday- This is the second attempt
get I'D Of that bridge By legal proceedings.
npIatnart, and Campbell &. Cook, Of Os:a "a
=; Cook d Ltnc1ey, or Davenport, and HithroW |
&Elth, Of this city. for 16anpnden1a. |