Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-01-07
IMPORTANT ARGUNENT
Heard by the United States Supreme
Court, Yesterday.
Mr.. KENNA PRESENTS. THE CASE
Of One Dcughsr, Charged With OSsrucfng Li5rd
Creek. in This S,ase-Ths Case Liable 70
Assume National In
pOrtnce
sp,eio, 7.l.rom TO a. Rsvsssr.

syscidl Tslsrcn 10 tAs Revistn.
WASHINGTON, u. c., January Ga
case which has excited extensive inter
est among the legal profession and
which affects 8 considerable number or
West Virginians has been In progress
this afternoon in the conference roomk
OF the Supreme Court before Chief JUS
tice Fuller aud Judge Jackson, OF West
Virginia. Under the act OF Congress OF
1890 10 prohibit the obstruction OF the
navigable waters OF the United Statesa
large number Of indictments have been
found by the West Virginia grand jury.
These embrace every phase OF the ques-
tion, from Laurel creek, In Webster
county, TO the tipples on the Great ka.
nawha and the saw mills on the
Ohio. At the request OF Sens
tor Kenpa, the Chief JUS
tice and Judge Jackson accorded
him a hearing to-day at which Mr..
Sturgiss, the District Attorney OF West
Virginia, represented the GOVERNMENT
while Senator Kenna appeared for Mr..
Dougher on The leading questions In
voved In these prosecutions.
Dougher is indicted for the obstruc-
tion OF Laurel creek, In Webster county.
The question is raised by Senator Kenna
that Laurel creek is not q nayigable
water OF the United States within the
jurisdiction and power of Congress, un-
der the clause authorizing IL TO regu-
late commerce, and that neither Con-
gress nor'the Federal Courts have iuris-
diction over II. Taking the question
involved in all the cases along the line.
the whole subject OF Federal jur!sdic-
tion over navigable water IL raised, and
the question OF Interstate Commerce In
its many phases has been made q sub
ject OF elaborate discussion.
Senator Kenna's engagements here
made It impossible for him to go 10
Parkersburg where the Dougher case Is
pending, aud through the courtesy OF
Judges Fuller and Jackson. and also OF
Mr.. Sturgess who represents the Gov
ernment, the Senator has been afforded
this opportunity to argue these impor-
tant questions.
In short talk with him after the
close OF the discussion, he said TO
ysur correspondent that he had
devoted the whole OF bis
Congressional career TO sturdy aud
unflinching aid To the development and
! Improvement OF the commeFs+-e' iis%eff--
ests OF the country, including Inter
| State Commerce as cOnduced by the
railroads, He says he supported tho
bill on which these indictments arc
found, and believes that It's fair con-
structlOn is In the public interests, but
he thinks that in the large num-
ber OF indictments found by the
| Federal Grand Jurles In West Virginia
great injustice Is done, aud he has con-
| ldence that the Court will so construct
the act as TO correct these hardshIps.
| The Senator says among other things
that nearly every operator OF q coal
mine on the great Kanawha has been
indicted while these same tipples made
in good faith by the owners have hand
led every pound OF the forty million
bushels OF coal which constitute the
bulk OF the great commerce OF theI
river.
The questions which have been raisedI /
by Mr.. Kenna are exciting great inter-I
ST among lawyers here, as these cases.
under the recent act, are so far reach-s !
ing as 10 embrace every State in ths{
Union. The case OF Dougher, OF Web !,
ster county, all unconsciousy 70 him, is
likly to become the subject OF national
interest.
Mr.. Dougher is n contractor on tho
railroad In prog from Brs1ton Court
House up through Webster, AMI the in
dictment against him Is founded on his
telling trees and other rubbish into
Laurel creek in the process OF grading
and eXcavating for the railroad.
The argument to-day, while technic-
ally embracing the Dougher case, as
sumed q range which covers the whole
theory OF the prosecutions 10 all the
cases, and the general purposes and
scope Of the act OF Congress. II was
suggested by the Court that Senator
X ma and Mr.. Sturgiss should submit
the case upon an agreed state OF facts
which the propositions of law insisted
upon, and IL is not unlikely that this
will be done. Senator Kenna and
Mr.. SturyIss concur In the dis
position 10 have the important questions
involved ia these cases submitted fairly
and az promptly as practicable, 10 order
10 settle the relations Of both the gov
ernment and the private enterprises OF
the country to the water lines OK COM
municatlon.
The decision OF the question argued
to-day will be withheld, As was contem-
plated, until the stage In the trial az
parkersburg is reached in which they
will come up By instructions or other-
wise.