by John Marshall Harlan

“ When the Louisiana act provided that, upon the location of the road across the Great Rigolet, at a point south of the principal entrance of the Pearl river into the Great Rigolet, 'the company shall only be required to construct one draw-bridge, which shall be in the channel of the Great Rigolet,' it was not meant to dispense with the draw-bridge required to be maintained in the channel of the Pearl river at the point where the road crossed that stream on the dividing line between Louisiana and Mississippi. ”

“ It is provided in the judgment that such draw-bridge may be built 'either in the center of the channel of Pearl river, or in that portion of the same within the territory of the state of Louisiana,' or of Mississippi, as 'may be most convenient for public use.' The controlling question is whether the railroad company is under any legal obligation to construct and maintain a draw-bridge of the kind specified in the judgment of the circuit court. ”

“ That condition not having been performed, the state has a right to ask the aid of the court in compelling its performance. And, in granting the relief asked, no right belonging to the company under the constitution or laws of the United States has been violated or withheld. ”