Page:Federal Reporter, 1st Series, Volume 6.djvu/792

 780 FEDERAL REPORTER. �diction to afford relief to the injured crediter." Wend v. Pierce,:9 Cow. 724. Still less would it deserve that name if it should refuse that relief in the only form in which it can be effectuai — viz., by injunction and order for a receiver — on the ground that the defendant has so far carried ont his threat to secrete and make way with his property that the complainant is unable to find it or describe it in his bill. �If this court refuses to interpose until, by bill of discovery or proceedings supplementary to execution, the creditor is able to specify and describe the character of the property, it, in effect, invites the defendant to frustrate its decree, by send- ing the property or its proceeds out of the jurisdiction, or by conveying it to innocent or pretended innocent purchasers, or otherwise disposing of it in such a way as to place it beyond the reach of the court. �Motion denied. ���Hatgh and another v. The "^AiiAMET Bbjpqb Co. ■'■'■" (Circuit Court, i>. Oreson. April 21, 1881.) ■' �1. JHJTJNCTIOII. �A preliminary injunction gianted to restrain the etection "of a �■ bridge across tiiie Wallamet river, at PortlaDd, bontrary to' the act of �, congress (11 St. 383) declaring the navigable waters of the state free �and common highways, at the suit of a riparian owner injured thereby. �2. Obsthuction to Navigation. �Where congrees has declared a navigable river to be a common highway, the state cannot authorize an obstruction therein, and any- thing which materially interferes with or limita the navigability thereof, considering the use which it is or may be subject to, is an obstruction and a violation of such act of congress, which the United States circuit court has jurisdiction, under the judiciary act of 1875, (18 St. 470,) to prevent or abate by injunction. �In Equity. Application for preliminary injunction, Hugh T. Bingham, Edward Bingham, and E. C. Bronaugh, �for plaintiffs. �H. Y. Thompson, W. Lair Hill, and Byron B. Bellinger, for �defendant. ��� �