Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
It is not within the scope or purpose of this writing to enter into or
discuss the merits of the various suits in which I was employed. I
cannot, however, give any idea of the fifty years of my life during
which I was engaged in a number of important suits, without reference
to their nature and character, and the management to which I attributed
important results.
In the latter part of the year 1864, whilst in attendance at the
supreme court at Davenport, I was retained by the Chicago &
Northwestern Railroad Company, in company with Mr. Thomas F. Withrow,
to assist the general counsel of that corporation in a suit, then
recently brought in the United States circuit court for the southern
district of Iowa, enjoining the company and its agents and employees
from putting a certain span of their bridge across the Mississippi
river at the town of Clinton, Iowa. Mr. James Grant of Davenport and a
Mr. Lincoln of Cincinnati had been employed by the river interests to
prevent the completion of this bridge on the ground that it would prove
an obstruction to the navigation of the river. Mr. Withrow and myself
spent a day in examining the alleged obstruction to navigation, the
company furnishing us a steamboat in which we passed through the piers
on which the drawbridge was to be placed. We returned to Des Moines
late Saturday evening. The United States circuit court at Des Moines
met the following Monday. On Sunday Mr. Withrow went to his office and
carefully examined the statutes of the United States relating to the
powers of the court in granting injunctions. He sent for me in the
afternoon. On examination we ascertained that the statute of the United
States contained a peculiar provision, not known to the practice in our
state courts. It provided that when an injunction was granted in
vacation by the judge of the district court of the United States, it
should remain in force only until the close of the ensuing term of the
circuit court; that if the injunction was granted by one of the judges
of the supreme court or a judge of the circuit court of the United
States, it should remain in force until it was dissolved by the order
of the court. We immediately opened telegraphic communication with
General Howe, who was then attorney of the Chicago & Northwestern
Railroad Company, and had in charge the defense of the case. He and
Judge Grant, it seems, had been engaged in taking depositions and
procuring evidence with reference to the question of obstruction of the
navigation by the existence of these piers in the river, and both
General Howe and Mr. Grant appeared to be acting upon the hypothesis
that it was necessary for the defense to make a motion and showing for
the dissolution of the injunction. We called the attention of General
Howe to the provisions of the United States statute, and as we were
well acquainted with the peculiarities of Judge Grant we advised that
if we did nothing upon the part of defense at the ensuing term of
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