Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-10-16
THE MOORHEAD BRIDGE.

Argument in the United States District
Court Yesterday on the Application of
the Northern Pacific to EpjoIu the Build
ing of q Bridge for the Barnesville s.
Moorhead Branch of the st. p. s. NJ.
Railway.
Judge Nelson, Of the United States district
court, was engaged yesterday in hearing the
case of the Northern Pacific railroad company
against the ST. Paul d Manitoba railroad COM
pany, the Barnesville & Moorhead railroad and
Messrs. Hill and Stickney. The suit is brought
for an injunction to restrain the defendants
from building bridge across the Red river of
the north between Moorhead and Fargo.
The application for an injunction was made
by Mr.. Clough, counsel for the petitioners,
and Messrs. Flandrau d CLARK appeared in the
interests Of the respondent. The hearing
commenced at 10 O'clock and the entire day
was taken up with arguments by counsel,
Judge Young and Mr.. B. B. Galusha being
interested auditors. Before arguing the ap-
plication Mr.. Clough asked that the hearipg G
be postponed to allow time to meet affidavits
submitted by the defendants, the continuance
being opposed by counsel on the grounds that
plaintiffs merely wanted to gain time.
In reply to a question by Judge Wilson, Mr..
Clough stated that the objection to the bridge
rested on the belief that il would affect the
navigation of the river.
Judge Flaudrau could see no reason why
the hearing should be postponed. The piers
were already in course Of construction and it
was very important to decide at once whether
the bridge would impede the navigability of
the stream.
MIR. Clark then addressed the court, claim
ing that the proposed bridge would not OBJ
struct or impair the navigation of the river
Counsel alluded to the territorial authority
authorizing the construction Of the bridge, and
| iy.fa fiavI lain hot <ho ~
was sanctioned by the statutes.
An affidavit was read from Manager Sargent
alleging that the navigability of the stream is
worth $50, 900 to the plaintiff that the stream
ia navigated by fiat boats, to the passage of
which it must be unimpaired.
An affidavit was also read from General
Manager Hill. It alleges that the road from
Grand Forks to Fargo and from Barnesville to
Moorhead is in course of construction; that the
former is partly ironed and,is graded its entire
length. viz.-75 miles; thati8650.0OO has been
expended in its construction, and that IL will
be finished by the 20th inst. that Sl50, 900 has
been expended on the Barnesville branch; that
it is necessary to connect the two roads with q
bridge. In conclusion It is denied that the
bridge can In any way impede the navigation
of the river.
Afidavits to the same effect were read from
O. A. E. Morris, chief engineer of the St. Paul
d Manitoba railroad. Capt. A. GriRgs, of Grand
FORKS, Oape. y. ~. aoicompe, suPerintend-
ent of the Red river navigation company, and
W. 8. Alexander, of the Manitoba railroad
company.
Mr.. CLARK was followed by Judge FIandrau
in the afternoon, who cited numerous author
ities to sustain the position of the defense.
A long and able argument was then made
by Mr.. Clough, who held that the proposed
bridge would obstruct and damage the North
err. Pacific railroad company, and greatly i'm
pair the navigation of the river. At uightfall
the court was still engaged in hearing the case.