Page:Federal Reporter, 1st Series, Volume 5.djvu/790

 778 ���PEDEBAL EEPORTER. ���nois, and the supreme court of that state, in an elaborate opinion, haa decided eve^y material (jnestion in the case adversely to the plaintiff . Mississippi River Bridge Co. v. Lon- ergan, 91 111.' 508. In that case it was held — First, that Lonergan had, lander the 19,^8 of Illinois, and according to the evidence, (which was the same as now offered,) no title to the lands, for injui^' lo wMob the suit was brought > second, that the aqt of the gëuerar a'ssetntly ôf Illinois, graiiting a charter for a feriy; acrôss tl^e, Mississippi riyer, under which act the plaintiff claima, did not gi-ve the grantee any right to oontrol the chanû«l of the 'river, or to 'prevent its improve- ment, withôut c'onipensation to him by the United States. �The oourt.Baid.: "The act of ihe legislature of.this state, which establiahed the ferry, gate the plaintiff no right or inter- est whatever'in the'fluw'crf the fiver." 'Upon these proposi-, tions, which are conclusive of the caae, I am inclined to the opinion that this court is bound tp foUow, as a rute of decis- ion, the ruling of the .supreme :Oourt of Illinois. �Thefirst point, decided should, perh8,ps,,be accepted by this court as a r\ilg,,of ypçoperty established by a deliberate decis- ion of the supreme .'COiirt of the state. ,^ Hendereon y. Griffin, 6 Pet. 151,;^, i/ ; ■■,,. / '^. \ ..,, ^',,_ ^ �. The second point o6m.es,V|ithin the description of a judi- cial interpretation by; the highest court, in the state ofone of its own statutea, and is therjefçre. binding upon the federal courts.,, ,. ^ ,.^ . . ,,, �But, it is ;aot ipaterial in thip case to decide that this court is bound by.thie ri:[Jjing of the. supreme court of Illinois, for I bave examined;,with carQ the opinion of that court abovô oited, and have cojjsidered fuUy the aifgument of plaintiff's counsel in opposition to the yiewf, th^rein expressed, and my conclusion is that the decision isao^n^ çind shoqld.be fol- low.^d upon. t^ Hiejrita.of the fiuestions discuased. , judgment for d^fepdant.,. ,^ ���■'V ����