Reports of Cases at Law and in Equity Determined by the Supreme Court of the State of Iowa Volume 19 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...seen that it would be frequently almost impossible to determine such jurisdiction, and that a mistake in this respect would prove fatal to the action or prosecution. And hence the reason of making the jurisdiction concurrent in all such cases. Such property and persons are, as a rule, transitory, moving, --here to-day and gone to-morrow. Here is a common highway open to the citizens of all States and all nations. It is declared common territory, and, as to matters arising thereon, or persons found thereon, the sovereignties on either side have common or concurrent jurisdiction. Not so, however, as to an obstruction where the property therein, and the use thereof, is wholly on one side of the channel. It is as though an unhealthy, dangerous or illegal manufactory should be erected and continued on the Illinois shore, to the injury and annoyance of citizens on the Iowa side; and though such erection should extend below low water mark, there would be no jurisdiction to declare its abatement in our courts. Such injuries are not on the river, within the purview of the acts referred to and relied upon by counsel. And this conclusion is the more warrantable, when we consider that in this case the main dam extends from the shore to the island (Rock Island); that this island, containing hundreds of acres of land, is indisputably a part of the territory of our sister State, and that to reach this obstruction or nuisance, our courts and the officers thereof must go beyond this island and decree and procure the removal of a Work attached to the main shore, and placed there, too, as we are bound to suppose, with the consent of the State to which the corporation owes its life. All room for doubt upon the subject, however, is, it seems to us, removed by..