, 1873-01-28

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Of the issue OF this contest to the parties en-
gagged in it. rendered It Of conseoueuce to them
to learn il possible the probable opinion Of the
! conr+ m +ha .nhtac+. a,rhr,,.a =, 49,
ssn.,',pas % ~ na ot;ao. ' ~ 9 49, -. 80 A1as -,
| course, desire to ask. the Court directly
| to state what course he would adopt: but he
fat in tha ;ntnre.t. of his c1;enta that an ;n+;
, -. 49,. x.a1;as - 49, T,an.. 4.A
NATION o1 inc 17enne VI tno ooor1 On 1ne points
derstood by him before he could file the amend
mania tn tha HI, .ehich ha wan r. Ala +b,t.5
~ ~. aNl~.s.s ~ S."-, ". W. - 49,. a",.
N nis amenoments'- no proposed TO introduce
tho Commissioners their individual names in
stead Of leaving them to be described No tbar
than wara .. ,nd h. won1d nlso .st- +b,t +1,a,- ~
- H1 01., ~1A,e ~, 10y w
that they be enjoined from tearing down the dam
but. should the Court be adverse to tho COM
.n1ain.n+a if tha Conrt ahond exr;raaa a d;a,oa;
tion not to cr.nt tha ininnct1nn aven 13ndar
.t1d suusG si'o,. tis III tu"a 10
ch.nca WIKI = IN that ehsna u; ia an,ranna smua
Cnnr+ WA - rnanact - X ~ -,;-t .R 10
pra+ha, Tom,ha1I fh.t tha otfa1F .rt;aa .o - ~
ic,sa h.d mi hean named IN tha xii ha I'D W
offer that of the three two narna1v March;ng1 ~
ton and Robinson wera da.d. and II tha fon1t
nrononuccd in favor Of its haino necessarv
to include them in tha bill. he fores.y
tha dificn|t;aa and da1ava ~ nnh1icat;n, ~
ali nnknown he;rs. which sti1i incI,nc5
Them 10 siere to the hi,l N Il stnod with gnic,
to Or to the S,nrame Cart. Ja rofarred - h;a
asgnn'ent :, a nrerions nccaa;nn mi hr;aa1
c;ted a nortion of l. r. aboT th.t s,thongh +baro
m;oht arist disability r. sne tLa sfate ~ tha
the Gt,to co11d M 10 msao :. re~+v dafn,drt+ ~
XII ~; o1,sr,oa, ~ ae ~ r1a
- .rad ;,,d;;jn.1iv hr thoi- x,s1naa ~ ~
Conrt T,s nnt ar.;r:t tham tbarafora ~ +h;s
point ha won1d ike to arocnd fhe h;1l 10 ~ to
make the Csnal Commiseiorers party defend
ants, as individuals, by their names. Thus
tho Court would see how his (tho coun-
sels) action with regard to tie amendments.
depended upon the conclusions at which the
Court had already arrived on the subject matter.
Another thing he should like to incll1do in his
amendments. always guided by the opinion Of
tho Court, was something further as to the
clearer. broader. and more distinct. II the
Cou1t Vas adverse to their position. thew would
not make the other persons mentioned party do
foudants. He awaited what Tho Court had to
nay.
Tho Court replied, that as tile matter then
stood he thonght there conld be no recovery Is
against tho Canal Commissioners. He did not
suppose that the counsel desired him to ex-
press formal opinion on the point SUBJ
mitted; tho authorities wero numerous. and
he had ret given that cIoea attention 10 the de-
tails that would en.';1e lin to speak authorta-
tiyely on this point. but he might respond q lit
tie to the fisnc-: or The "fehiap questions" OF
his brother Belcr {Ifere the counsel fred Off
ence to those WHO tish for secrets, iu which the
Court good llumoredly joined). Although no
would not VIII, lin to 1nderst that Ills mind
was wholly clear upon all matters affecting tho
subjects on which he WEE asked to give his
opinion, it seemed to mis- mind quite clear that
tie Canal -Commjssiouars ware not in court in
corporation, not against tbs Commissioners. He
did not hesitate to say that his mind was almost
wholly made up on'thst point. The Commission
nothing as 10 tho cause Of action being good
or otherwise.- iudiyidusls: in fine. Le lid not
consider the service in this case u good one uo
was equally satisfied. AZ an ordinary thing. that
Conissioners If brought against them in their
Individual names, and It might be 20 in this case
It the allegations In the bill were shown all to
be true. On these grounds be would order that
the motion to quzsh be sustained The next
a9eston t ht sa s to hin ,as x
sVainst the Commigsionera, Before passing on
thio point in such manner as would satisfy tho
doubts of the counsel. he would much prefer to
have time 30 exauine: but in the meantime,
On the snbiect, and ha Tas eanaily degirous Of
s1ordine him iii tba aid il his mower. ho
mieht say that he lsd m impression tha.
nnder the etat11tea that had 10 far been cited
the Commissioners hed not been endowed with
an7 poyer to execute encI, loaae as the ono A.
legged in the biil, and il they had 10 such power,
then The yelno Of The othor auegations il the
biIl we're reiuced to nothing. Tie idea was. Is
+ seemed to him from nar,,eal OF the statutes,
thst in executing such = feaso as theY 'were en-
norarod to do 9|o Connr;asinnora should ao-
to.,n1;s, ~ +ha hansit If the st.te
Nav! tha Iease ti,s} ~ TaaIie mt for these
.omn,s;n,nta az .at forth in this bilI.
soamed to eynco ~ Teeard for the
1ow nor indae1 AID it annear from
it, ceondiiions @ tIst tho stat, won1d feceye any
snch return na the The Inv ] Contemplated for The uee
NJ tha vstar.nowar Ana sra;r fnrther. it 1eeIn-
al donhtfnl vfhathar this wa}ar-nover at Calumet
dam was rr;th;n the nrrrinr Of fho;r poyer. Il
encI, VA The ceea ia inference Was that they
hsd made lenaa which wa moi binding On the
gtnte. Fntorta;ning tlIese views. although he
di5 nnt oi1e ttam 40 f,ilv a. he MIGHT do after
eTanninat;on h. 1ronid h.va to sngtsiu, the mo-
ton to nnash the ret1,rn. and tho demnrrer to
~ J. 10 iat1s nd tha t'e1tant to wkicI,
1s' enta,t ta;ne5 4them from q desiro