The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-13
THE EAST RIVER BRIDGE.
Efforts TO Have the Great Work stopped
The Bridge trustees Defence.

The Bridge 1rustces Detence
UTICA. July P.-The application of A. d.
Miller and others for an injunction to prevent
the completion OF the East River bridge, came
on for hearing before Judge A. g. johnson Of
the United States Circuit Court this morning.
Mr.. Armour, counsel for tho applicants, asks
for an Injunction pending a determination Of
the suit brought by his clients to prevent the
completion of the bridge. He argues:
Firs,-rhat the United States has 10 power to
obstruct the navigation OF waters In the State,
and that the State has no power to obstruct the
navigation OF waters connecting with the high
seas or with any port. Both must consent
thereto. Navigabie waters belong to the people
and cannot he encroacbed upon by individuals
or corporations without the consent of the
sovereign power. Congress has the sole power
to late commerce and establish ports, out
the state IL riparian sovereign, nd can
authorize the construction OF n ridge within
territory under Ito exclusive control, aud sea-
ports not under suvh exclusive control.
Serond-Wnatever oOstIucts or adds tn the
expense OF tue free use OF public highway or
potts. unless authorized by sovereign puwer, Is
n nuts ,nce, and the court can restrain It's con-
struciion.
| Inird-Congress, IN declaring the bridge. when
completed " IN accordance with the State law, -
a Lawful structure, prohibits encrnacnuient on
this commercial highway, and the state Law Of
| 1867 au, hotizes the bridge "a De buiit not less
tuan LD feet above high water. which was -uO-
sequently Oh need t. rs feet In tue GENRE, out
| p.uvides that II snail not uOstruc, the Tree am
| common NAVIGATION OF Ins Btst river. As II can
| be SHOWN bv measurement tn toe neign In
| the centre OF the bridge - not suficient to pre-
vent Its being an obstruction, heither the STATE
nor tue Congressional scts give tue power 10
build.
| Fourth. Plaintiffs cannot DO prevented from
getting the relief sk-d for by any delay. A
nuisance never rpeDs ov aae into night. Any
doubt 10 favor Of plaintiffs, especially where
pubic M, erssIs ais iovolvsd, sboul 10 DECIDED
| In tneir favOr.
Piainuns counsel submitted afidavits made
! 10y Veto Brotnors, shipouiiders, ana Others Of
various trades aud professions, showing that
few vessels cotf,d pass the bridge without nous
| ing topm sts or topgailsntn SIS, aud that ere IS
can rare v do thi- ana that IN some . asOns the
the would rise % hien As TO reduce the height
OF the sDan To- I'D feet.
Mr.. WIN. NJ. Eyarts, for the Bridge Trustees,
submitted Lumber OF affii.vts giving Views
| opposite TO those expressed IN plain,ins ADJ
| dsyits, and the point heid III aoeyance by lam
tins regarding tue non com pliance Of the score
| tion of approval. as referred l., aoovs, sppea
| to be snticip ted by defendants afhdavte,
| which cite too written approval and nounca.i "a
| OF The secretary. Dy endorsemsnt daisd Juue 10,
| 1869. on Chi,f Eneineer Humphreys commune
| elton.
Among the afYidavits submitted by Mr.. Evarts
was one oy the hon. Hen. &. s,urpny, showing
that tue plans submitted TO tee secretary II
War have oeen rigiaN adhered To, aud embody-
ing the report In fsvOr OF tue stTuct ure maze Oy
tue geutisman To whom the Secretary referfe d
tue suhiec,. lie deposes tn
Every opportunity was nordrd directors to
said btidge. to De lie ID bef re- the Commission
| Of Eagiueers OF the War Dep .1meu anJ 90,
jccuOIs wvie then neard ano considered. Thni
since tue COMMENCEMENT Of the saiu bridge Ii
j nuary. 1870. no protests OF objections or pro
Ceedtugs n..ve Oeen had against tn,
construction OF the satd Oriuge. To agains
the said Company OF BOaru OF Trustees. up a
the present time, except TINS action, ana tn,
protest Of certain parties, dated the "A II y
April last"
Mr. Murphy also deposes that over 5000, o.
worth Of property will DO lost II the inJun.tiOl
sought n granted.
! Tranois Colitngwood IN kes a deposition
against the asse ton that the bridge will oe un
safe II constructed according To the presen
plan.
Ins arguments will probably occupy two o
three Gays.