Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-09-24
BLOCKING THE BOOM.

BLOCklNG THE BOOM.
Full Text of the Opinion Granting An In
junction Restraining the Logs from Go
ing Over the Falls.
Yesterday tho GLOBE made mention of the
outcome of the case of the United States against
the Mississippi and Rum River Boom company,
in the matter of prayer to restrain the COM
pany from passing logs over the Falls OF st. An
thony, by stating that the injunction was
granted. The full text of the opinion and or
der is as follows:
The United States VS.. the Mississippi and Rum
River Boom company, ct al.
bill in equity is filed by the government
against tho defendant Boom company, . cor
poration created and existing under the laws
the terms of its charter to take into its custody
all logs driven or coming down the Mississippi
river to point on said river some twenty miles
above the Falls of st. Anthony, and certain
owners of logs in said company's boom and
said river alleging, among other things, that
the defendants are turning loose and running
run over the falls, large quantities of logs, to
the great injury and damage of the
Improvements constructed by the gov
ernment under the act of Congress
entitled, IAN act making appropriations for
the repair. preservation and completion OF
certain public works on rivers and harbors, a and
for other PURPOSES" approved March 3, 1875,
and other similar subsequent acts; and also to
the damage of the public Improvements in
process of construction under the act of Con-
gress, entitled, "An act making appropriations
for the construction, repair, preservation and
Ia - AA~
bors. and for other purposes" approved March
8, 1879, wherein and whereby the sum of 90, :.
900 was appropriated for the construction of .
sluicewny through said public works at st.
Anthony Falls, with view of the improve-
ment of the navigation of said river at said
Falls. The bill prays for an Injunction re-
straining the defendants.
The defendant Boom company appears and
answers.
The answer admits most of the material allie
cations of the bill, but claims that said de-
PENDANT under it's charter is authorized and re-
quired, and has tho legal right to do the acts
complained of, and that great and irrepal able
injury would result to the log owners by its
omission to do so, which would render the
company liable to suits for damages, etc.
W. W. Billson, ESQ.,. for the government.
Lochren, MoNair & Gilfllau for defendant
B E"7sn, company n
The general government since 1875 has been
prosecuting the improvement of the naviga-
tion of the Mississippi river at the Falls of st.
Anthony, under appropriations yearly made by
Congress, and previous to the last one ON
March 8, 1879, had, through the skill of the
officer in charge of the work, successfully put
stop to the gradual undermining of the
stratum of rock, which threatened the destruc-
ton of the falls and would have seriously inn
paired, above and below, the navigation of the
river.
An apron of planked timber was built
over the crest of the falls to protect
the rock and prevent the washing
away of the underlying soft sand stone, and .
purpose, through which logs can pass down in
to the river below without running over the
falls and tho apron constructed for its protec'
ton.
The defendant boom company by its charter
takes possession and control of all logs coming
down the Mississippi river about twenty miles
above the falls, collects and assorts them and
on request of the owners. and direction of q
committee, turns them out of its boom into
the ponds in the city of Minneapolis or over
the falls,
The United States files bill in equity alleg-
ing and charging that the Boon, company and
other defendants, by their action in turning
loose logs to run over the falls, are irreparablY
injuring the improvements already completed
by the government, and obstructed those in
process of construction.
of logs over the falls has injured and damaged
the improvements ct the crest IF the falls, and
if permitted before the sluice ia completed will
do further damage and injury; but it is denied
that the sluice-way is being injured.
he affidavits of the assistants of the engi-
the allegations of injury and probable irrepar-
able damage to all the government works at
the falls unless an injunction issue.
The only question necessary to determine ON
this motion for an injunction is whether the
government can ask the aid of the court to pro-
tect and secure the safety of such public
structures as are made to improve the naviga-
ton of rivers, and to facilitate commerce.
1t is very clear that the system of improve
ment of the navigable rivers when undertaken
by the general government is exclusively under
it's control; and it is also certain that when an
appropriation is made by Congress for any such
improvement, and the execution of the work is
entrusted to the war department., the engineer
ing officer designated by the department., sub
ject to the approval of the secretary of war,
prosecutes the work in such manner as in his
Judgment he deems best. These propositions
have been established by frequent and repeat
ed decisions of the supreme court. (See Wis.
consin vs.. Duluth, Sc U. s. Rep. 379; South
Carolina vs.. Georgia, ct al U. 8. Rep. pg. 49,
While these are not seriously questioned it
is urged that Congress did not intend that the
public right of navigation on this river should
be suspended or impeded during any part of
the time when its appropriations were being
expended for the improvement of navigation.
That Congress has the right to determine
what shall be deemed an obstruction to navi-
cation is not doubtful. (See Wheeling bridge
act.) But it is contended that no act of Con-
gress has authorized any Improvement which
would create even a temporary obstruction to
navigation of the river at the falls.
The acts of Congress under which these i'm
lection of tho Falls of st. Anthony "a necessary
to secure the future navigation of the river and
facilitate commerce, and, in appropriating
money for that purpose, left the mode of inn
provemcnt to the discretion of the secretary of
war without qualification. The act under
which this improvement is made is entitled,
IAN act making appropriations for the con-
struction, repair. preservation and completion
of certain works on rivers and harbors, )" etc.,
and any mode can be adopted by the secretary
of war which tends to improve the navigation
of the river at this locality. .-.-.,. -.
In my opinion this set confers sufficient au-
thority to cause temporary suspension of the
passage of logs held by the company in its
booms If necessary for the safety of the i'm
provement constructed or in process of con-
struotion. ...
Such temporary suspension Of navigation is
not in Judgment of law an obstruction to the
free navigation of the river but q necessary
step required for the improvement of naviga-
ton, and although it may be in one sense an
. obstruction, yet when rendered necessary by