New Orleans Company v. State of Mississippi District Attorney

by John Marshall Harlan

United States Supreme Court

112 U.S. 12

New Orleans Company  v.  State of Mississippi District Attorney

Also the following clauses in an act of the legislature of Louisiana, approved August 19, 1868, in reference to the same company: 'And it is also provided that said company is authorized and empowered to construct and maintain its said railroad over and across the waters of the state of Louisiana, known as the Pass Chef Menteur, Little Rigolet, Great Rigolet, or that part of Lake Pontchartrain east of the west line of Point aux Herbs, and the West Pearl river, and other streams and bayous between Lake Pontchartrain and Pearl river, and Pearl river, by bridges: Provided, however, that in the channel of that part of Lake Pontchartrain hereinbefore named, there shall be constructed and maintained by said company a draw-bridge, which, when open, shall give a clear space for the passage of vessels, of not less than one hundred feet in width; and in the channel of the Pearl river the said company shall construct and maintain a draw-bridge, which, when open, shall give clear space for the passage of vessels, of not less than sixty feet in width, except in case the company shall locate their road across the Great Rigolet at a point south of (or below) the principal entrance of Pearl river into the Great Rigolet, when the company shall only be required to construct one drawbridge, which shall be in the channel of the Great Rigolet, as hereinbefore named; and said company, after the construction of the said draw-bridges or draw-bridge, shall, at all times thereafter, provide that said draw-bridges or draw-bridge shall be opened for the passage of any and all vessels through the same without unnecessary delay. It is also provided that said part of this section as relates to Pearl river, if the line of the road shall be located across the said river at a point where it constitutes the boundary line between the state of Louisiana and the state of Mississippi, shall not take effect until the state of Mississippi has consented to and authorized the same, or said company has built such a bridge across said Pearl river for its said railroad as shall be in accordance with this section, and also with any authority or power granted to said company by the state of Mississippi in the premises; and such draw-bridge may be built in the center of the channel of said Pearl river, or in that portion of the same within the territory of the state of Mississippi, or of this state, as most convenient for public use.' Acts La. 1868, No. 28, p. 32.

[Statement of Case from pages 15-16 intentionally omitted]

Gaylord B. Clark and Thos. L. Bayne, for plaintiff in error. J. Z. George, for defendant in error.

HARLAN, J.

Notes