, 1879-03-26
THE COURTS.
Tho ltea'y Slough indicated
at Last.
Disoontented Partners in Business ont
In Wedfock.
Record of Judgments, New Suits, Pro-
bate business, Etc.

pany+ lHe 1cAlJei be!TE oWacIs III
THE IFEAfr st.oCGlr,
fled bill In the Circuit Court aGntnst the abovo
railroad companies to compel tho removal Of a
pcrnanent bridge constructed By the latter
scross tl.G slough nnd to mako them build, tn-
stead, a drawbrilge. On hcarlng the bill was
dismissed for want Of cau!ty, aud conplananss
sppea!eti. The slough runs nearly due north
,ato The river nnl The bridge Is 3s3 fcct
south Of tho confluence OF the a!ough nri the
river, Tho Archor nyeiI1c cars Gross The slough
on d permanent bridge 295 feet south Of the
railroad bridge, mil the coitpIninans' land lies
tetwccb the two bridges on tllG Gust stdo Of the
slough. The ancestor Of tile complatnants ac-
aui.cd bis title by presumption IN 1851, Asd nfcr
wards bought Of the Canal Trustccs. The Joliet
&Cn!caeo Railroad Company, by itacl,arter, had
the power, when necessary, tu crt'Hs any watert
and of constructing its road across such water
course, provided It should rcsturc the water
eourse thus in.crecctcd to ith fpr1ncr state, or
IN sufficient munner not to hare Impaired
its usefulness. AS originally constructed, the
road crossed the slough by drawbr!dQo
until 1861, when It was removed, AMI a prrtna-
neni, tn,moyable bridgc was built. The rights
ot the Chicago e. Alton Road were obtained
through huying perpetual lease Of the Joliet
Road. The comptainabts insfsted that fIca!y
Slough WAS a navigablc stream nI.f1 q common
highway to which the bridge In question WAS an
unlnwful obstruction. Relief was asked On twO
crounds: First, because tho bridge wns an uu-
lawful obstruction mnl public nuisance, by
which colnp!nfnatlta, m riparian proprictors. SITS
taiucd special niu! peculiar damages; n1Nf, Sec
ond, that the wnter.course was nut so restored
In s,Ich d manner as not to have impaired Its
usefulpcks "A required by the charter.
Judge Bailey, In afspos[nE uf the case, said
the record showed no material respect In which
tllc water-coursu had not been restored 10 IT'S
former usefulness. except ~ far as related tu its
capabl1ty OF bulng utilized for purposes OF uart-
cation, md thu only question, therefore. was
whether the s1ougt, was q nA9Gablc strcar.
None Of the strcatns IN the State were navfga-
bic, In the cor,fnon.1aw sense Of t1ic term. rs
none Of them Ind nny tide, MI indispensable
requisite according to the commentary dctfnf-
tlau. Tho Supreme Court OF the United States,
however, Ind dccitlcl that tfs cotnmonaw
doctrine of navigAble sfreatns Ind no nppttca-
bility in tllia country. Tho test being whether
river wAs nnvi1abie III tnct, Rivers wrge 1tnvi-
gable IN fact when they could be used us high.
WAYS 81 commerce ill., public a,, na rlEht 2.
natura! stata md Its Ordinary volume Of water
Of transporting, in n condition fit for market,
the products Of the forests or rivers: or OF the
lllace OF the soil, OIL It's hanks. Under such
dciinltion the Lhtengo River, to point consider
ablv above the Ecaly Slough, was n payti.able
stream. amt Ind hcen thy claniol through
which the comnerccuf the lnkes reached the city.
Whetl1er the slough was naygablu depenue1 OH
its capabilities, in It's natural state, OF being
utilized for purposcs OF transportation. hut
was a. mere question OF fact. but
the evidence showed conclusivcls It WINS
10 &c considered naylgah.u. In Its natural
stute It was strcam nlld drained u considerable
extent, and vet WIS aiso bayou, receiving q
supply Of wutcr fsutn the river. 1t WINS well
stocked with !lsll, bad q hard bottom. aud WIS
conflict Of evidence as to tho depth, but there
The stream since 1881, aud they testified to the
sion TINT tho slough, therefore, waH nasrab!c
watcr-coursc. even though 1t had not actually
been used for that nurposs to any great c1tont.
The public easement did not depend so much on
ti,e building, Of lily railroad that partt
of the slough between the sal!road
aud the river llns, been wElcncd
mud decuencd, a'nl also tile part tn front Of tho
Iarce vessels unloading, ii the bridge werc re;
moved. Tie condition on which tic ratlroad
had becn allowed tu nuild ita brtiEc-tat the
stream should DO restorgl to It's former state,
therefore been brokcn, nnd the bridge WIS both
prtyato and pub,ir nufanncr. The charter was
sufficient warrant for the erection nti main
tcna,lce pf the bridge only when tho hrtf9Ee wnt
a.ttpnt. The ,ntersssa Of tlc sosn,p!ainants wcs<
seriously affected, anil their dnlnagcs wcrt
uf such a nature rs to el,tltle tlcm Il
relief. Tic decree OF the Court bclo"
innMlcd with directions to have atcrrco ontcrct
compelling the railroad companies to remove
the permanent bridge now over thu river, M!
restraining them from erecting my other which
would In any way Interfere with tile former use
fulncss OF the stream.
ROWLAND vs.. woOIFoRD.
About SIX weeks aCu lsaac Howlnnd, livery
ttablc Keeper uu Twenty-second street, tleu
hi!l a1atnst his former partner, Richard y
Woolford. charging thut ho bad mts'nnnagct
tho business had been mntlu Oh
.alke basis ind s'nwlng, by Which he nsruet
to buy out Woolford's slarc OF the business 70
s7,500. Since then he haa had slc ilrlsl,book
balanced. when 1t uppoatcd tliat Woolford owes
hin, oyer $1,000. HuwIanl proposed to settI
fhIs for $500, but Woo1ford refused to give It
aud The former therefore uskc1 for an 4ecoui
anil settlement, charging hts partner With fa!l
tnE to account for all mpncys hu llad COLLECTED
aid with Keeping such imperfect books tint th
true stata OF affairs could not ho known.
Woo,fo. Yesterday sa us an,ws, ~ IN w1s
pert booklecper, and lie says no kent tho firm
books s we'll rs ho could, AMI thinks they ar
substantially correct. lie dcnlea that no. IA
that ila owcs IIewland anything. Ilo ais
elaitns be never knew anything Of tile o;fer Z
$500 before, but now by var of compromls s
and To avoid litigation he offers 10 crcd
llow!an4l with 8tG0 on any one ot the Lnte
given by him in payment OF hts halt interest
the business ......
Dorothea RchInncr complains that her hu
bard John Schipper is IN fllc habit OF dcyott.I
bts earnings toward buying bad whisky lnstca
Of paylrg his grocery Bills, ul,d she wants t
trip anchor u0d pilot her pwn craft aone In Il
future. ~.
Mary, owing 10 her hayllg found another ma
Hh,ri she l[keti hotter. lie asked lcr to CON