Telegram-herald., 1891-02-02
ATALK ON THE WALL
Will Shortly Begin Again in the
Superior Court.
THAT BIG PERMANENT INJUNCTION
This Week There viii be Another Trial
OF strength Between the City and
w. L. Powers--The History of tho
Case Briefly Reviewed.

The Superior Court will be the hattie
ground today of the same legal giants
who. last August, contended over the
stone wall built in Grand river by Will
liam I. Powers. 1t Will be remembered
that when the city had begun to think
that Mr.. Powers had gone far enough
with his novel enterprise, the city placed
an injunction upon his proceedings. A
motion to dissolve this temporary in
junction was argued before Judge
Buflingame, the arguments begin
ming on the 25th Of August,
and continuing three days. Four at
torneys, among the most prominent in
the city addressed the court. and 1t was
the remark of Judge Burlingame, af-
ter that preliminary skirmish was over,
that the opportunity to hear such de-
bate was one of the opportunities OF u
lifetime. The two advocates who spoke
for the city were William Wisner Tay-
lor, city attorney, and Mayor Uhl; the
two who spOke for Mr.. Powers were
jacob Kleinhaus and Willard Kingsley.
The result OF the battle left the tenn
porary injunction IN force. Tomorrow
the city will seek to make the injunc-
ton permanent,a ,and Mr.. Powers will seek
To have 1t as permanently dissolved.
The whole question turned OH the
"navigahlity" of Grand River. The
defendant claimed that the right
of the Legislature to establish
dock lines holds only where there is
actual shipping to be cared for. He
admitted that the public possesses GER
tain rights as against the owners of the
river bed, sucn as caring for the free
passage OF the steamer, the protection
OF migratory fishes, the caring for
DRIFT wood and other distractions, but
he denied that these rights extend 10
the arbitrary establishment OF dock
lines at points where those lines are not
useful for actual navigation. 1t was
insisted that the private ownership of
tue bed of the river was
indefeasable against all corners
except where the public has
the conceded rights already mentioned.
1t was incumbent on the city to show
rs fact that the Powers wall is
nuisance or i menace TO any of the
rights of Others, aud unless that fact
could be shown the defendant was Gu
titled TO go on with his work. He fur
ther claimed that. inasmuch as he
owned to the middle OF the stream, the
public could no more take this property
without compensation therefor than II
could take any part Of the bank. Not
even could the Legislature give the city
this power.
The city on the other hand commended
that this wall was certain to Intiict IN
jury both public and private, and that
the defendant had not even deIgned to
claim that be was building the wall for
any good purpose. He had done 1t
solely because ne mad chosen to do 1t,
and what be might do others might do,
until the river became so shocked with
all sorts of structures that every public
right would be lost. The city con-
tended that Grand river il public
navIgable water from hank to bank BE-
cause for miles both above and below
the city, the river IS actually navigated.
Ii has been treated "a navIgable
stream. In all the legislation of the State
since Michigan came into the union.
The State, by Innumerable acts of legs
lation, has reserved the right to control
this stream. The city cited United
states Supreme court decisions express
ly declaring Grand river to bea navlg-
able stream. The city further emphs-
sized ia theory of the nsvIgahility of
Grand rIvcf through the citation from
the original congressional ordinance of
l7s9, creating the northwest territory
as follows.
''Thc navgable waters leading into
the Misslssippi and the st. Lawrence,
aud the carrying places between the
same. shall be common highways, ami
forever free, as well % the inhabitants
Of sad territory "a to the citizens of the
United states. and those Of any other
states that may be admitted INTO the
ConfedeHacy, without any tax, inlpost
or duty therefor.
The city claimed that this rlver is
Gods waters N the same sense that
the air 5 God's ali" I"