The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-05-21
OPPOSITION TO THE BRIDGE.
An Applications for an Injunctiss 60 Prevent
Its Farther Construction.

The complaint and affidavits In a suit to
be instituted In the United States Circuit Court
against the directors OF the East River Bridge
and the citios OF New York and Brooklyn, were
served upon the Mayor and Comptroller Of
Brooklyn, yesterday The complainant IA Abra-
ham u. Miller, and there are aiidavits by George
w. Gllchrist, Francis w. soule Haley Fiske,
George Briggs, Charles G. Overton, Samuel Mo
Elroy, t. +. briggs, John Tapsoott, Eningham N.
Lawrence, John A. Koones, and others; and ex-
hibits from Gen. Humphreys, Leut.-Col. Wright,
Gen. John Newton and Gen W. H. King. Most
Of the points made against the bridge In the re-
cent investigation by the New York Board OF
Aldermen appear IN these documents.
The suit Is 20 restrain the directions from fur
Their prosecuting work on the bridge, pending a
suit looking to complete abandonment of work
on the structure.
The complaint rccites the various acts Of Con-
gross and the Legislature Incorporating the New
YORK liridge Company and authorizing the
establishment Of u bridge across the East river ;
that one OF the principal difficulties in the safe
construction OF suspension bridges has been the
proper securing Of the roadway from the lifting
force OF the wind by lateral and descending
stays; that thcTe are no banks to which lateral
cables can I've fastened In the present case and
that the safety of the superstructure demands
that descending cables to resist the lifting force
Of the wind shall be Affixed to the supcrstructure
ut distance of one-third Of the length of the
span from either shore that the East river II an
arm OF the sea through which pass merchant
vessels and vessels belonging TO the navy and
the foreign commerce Of the port Of New York {;
that when the obstructions To the navigation
OF the river at Hell Gate shall have been remOv-
cd, II will be a favorite highway for all the
commerce between the New England states
and the British provinces on the one side and
all the ports and places south OF New
York ON the other, and for u large portion of the
foreign commerce; that IN large proportion OF
the vessels the masts exceed 10 feet In height
that the business Of large bonded warehouses
will be greatly and irrcparably damaged by the
construction and maintenance of the proposed
bridge, which, IA now projected, Will be built
without lawful power and authority, Will be a
nuisance, and will Obstruct impair, and iniuri-
oualy modify tho navigation Of the river, and
very seriously and prejudicially affect the com
mcrce of the port Of New York, upon which, in
a large degree, depends the prosperity of both
tho cities Of New York and Brooklyn also that
the expense to the shipping and other large ves-
sells IN striking that portion Of their masts that
would he endangered Ia passing under the
bridge, together with the necessary detention
and the additional towage thereby rendered
necessary, viii be 50 great a. To destroy the
warehouse business OF the plaintiff. for which al
| action at law could afford no adequate redress.
| The plaintiff therefore prays that the proposed
and projected bridge may be adjudged and de
| clurcd TO be built without lawful power and
| authority; that II will be nuisance In law and
| in fact that II will obstruct, impair, and inJu
| rously modify the navigation of said East River
| and that the defendants above named may b'
| pcrpetualy inclined and restrained from build
| prosecuting the work at a height OF 10 fee
| above mean high water, or at any other height
that shall obstruct impair. or injuriously moiif
| the navigation Of said river, and that the plain
| tin may have such other or further relief, O
| both as the Court may deem meet