Telegram-herald., 1890-08-28
ATALkON THE WALL
ne Sosnes S1lfs IA Favor of Mayer
Il =. Uni
IElS TIxE CREEK ElS YET CREEk
aAsos a. UAl Ass1s ths Grs&t Arxs-
-eas "a Air kiaSssss Az Eseut ta
ths Sitys aisteFF Aonk ~ -
kslaeEab bsxsd Ntegertsa~

the s0pSEiov eoagt Al % o'eluek yes-ef-
cay moTning, C.ty Attorney Taslor MAS
O. hls feet. VITA rs brain fuA of
thought and hls mouth fuh OF words
NO preparatory measures were re-
qglrec I'D long eircuit oi means MAS
employed" NJ Taylor vent directly
% BIS task 50 expedln0usly that the re-
porter did not see Al What point the
court had gwen the signal to turn on
the steam. Mr. Taylog's argumen. 81
ab0unded IA technical points Of Law
embeded IL citations and authorities
that = newspaper report Of it would not
be edfyng. IL was manly devoted 70
the authorities cited on the other SIDE,
and Was intended for His Honor alone,
10 De looked up N moments OF better
lesure. NJ. Tsylor's argument occu-
ped little more than an hours time.
Hon. t. F. Uhl, the mayor, then ad-
dressed the court. The headings and
substance OF his argument follow:
In addressing TINS honorable court
/ today, feel that | occupy an anomo-
/ lOus position. | DO not come TO inter
/ fere with the regular course OF the le-
| gal interests OF the city. but rather TO
assist Il. Asyour honor knows, ! come
/ without elaborate preparation. But |
/ can say, At any rate, that | come under
a feeling OF the Importance OF tins
cause 10 the city and 10 individual citl-
sens of il, and with the conviction that
too great haste ought not 10 threaten a
cause ike this.
ave are confronted here with r state
| OF things, parallel OF which has not
| been known IN this city, nor has par
| aliel been cited thus far IN any case IN
the course OF the argument for the de-
/ tense N this case; nor is there parallel
IN the history of municipal government.
| There Is no case, and particularly has
no case been cited, where citizen, re-
lying solely on his riparian rights, has
gone out 10 build such wall IN the bed
OF such a stream as the Grand river.
This defendant IS not docking out 10
nayigabie water; nor Is he erecting this
structure for any public usei nor does
he assign any purpose or object; but ne
does It for the sole and only reason that
he simply claims the right 70 do 1t.
81 submit that this bill ought 20 be
restrained, (l)lu view of the possibility
nay, the probability, nay, even IN view
OF the certainty that Injury viii be done
by this wall both TO public and 10 pri-
vate interests; and (2) because no show
ing has been made, nor attempted 70
be made, of any necessity for It's pre-
sent construction. These two points
show the essential weakness OF the
case; and this city comes here and asks
this court 10 stay the hand of tins de-
fendant until the cause may be fully
heard. II this wall may BE- erected out
there IN the bed Of the Grand river
other walls and larger structures may
be erected further out, and the result
ing injuries be multiplied indefinitely
Il contend that these are public
navlgable waters from bank to bank
For miles above the city, the waters are
actually navlgated, and they are free
navigabie waters, free to all, and nc
man has the right to encroach upon
them.
The answer denies that these waters
are navIgable. Let US sec.
Before discussing the main promo
sitiOn, / briefly call the attention of IN,
court to certain propositions of law
J and certain admissions III the defen
dant's answer, which 1t is importan
; to bear in mind IN the consideration o
this motion upon its merits.
, II. "In the absence of the Legislation
of Congress, legislation 10y the Stati
regulating the use OF 4 navlCable rive
is constitutional. Grand River, from
, the time of the admission OF the Stat
, of Michigan into the Union, hitherto
. 3 l. L.
, navigabie stream by the Legislative
} authority of the state.
: %. In the year 1887, the Legislature
passed an act TO incorporate the Gran,
j River Bridge Company, which said
; 1T shall sad may be lawful for tn
said corporation 10 erect a bridge no
5 less than twenty-five feet IN width owe
. the Grand River; at point on th
rapids thereof at the foot of Brldge-st.
J IN tAat of the village of Grand Rapid
known and distinguished as the yillag'
I plat OF Kent
i2l. In 1899 this act was amended.
, t3l. Ia $50 the act was extended.
= "a. In lsi4 the act was Amended.
(5J. In lS47 the Legislature author
lzed the supervisors OF Kent county &
construct Z canal and locks around tn
rapids OF Grand river st Grand Rapid.
(61. In 1913 the Legislature amende'
p the act 70 authorize the construction o
TINS canal, making still further restrIC
tons and directions concerning it
capacity, locks, and It's relatives wit
the maIn stream.
Your Honor observes the point. that
, during and since 1887, the State r.
serves the right. and sCts CCnst3utl
under thatreservston, 10 regulate ais
control this navigable stream, Gram
r.veT.
5 To- In1s4s another act was passed il
. / reference 70 tho canal
: fSl. In ls49 the Leg stature passed ST
r other aCt 20 amend the original act, q.
T Of which .eg sist,On I Clte 70 prove Cha
p never has tAc Leg Stature Of the STAT
, since 1882 lost control q this stream
: 'T9I. In 1880, the legislature extend
= ed the time for the con- plcuon # tn
canal and locks around the rapids O
: Grand river. Ihis act expressly pTC
b vded shat no ri ght or interest ~ ia
= state in and 20 the nee of said cana
: and the rignt OF way as connected there
0l-a. shall re impaired ~ the prov
E loss IF tais set.
s : do not snow but ths is unconst
/. tuuonsi. but il "a lu line w.tn the scuo
Of the Legislature from the very beg 6
uirT.
eflo Tie city o. Grand Raods IA
irc1rr rlrate8 lu 1850, snd smonz th
/. powers of the rev cts uss thr pTeseT
vatson ~ the ssiuarlty ~ tae waters G
Grand uVe- 0r other streams within 81
: limits ~ Sad city. relative - the orsT
T ln- u sIl slulces and tne bull4,ng 81 s.
4 Waarrts. re atve 70 the filing ur g
: Al aw Grounds or lots covered or psi