Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-08-10
TINE CALLED.
The Minneapolis Mill Men Sued for OBJ
structing the River.

TINE CALLED. s.
The Minneapolis MIL Men Sued for OBJ
structing the River.
At late hour yesterday afternoon, suit
was commenced in the district court by
the Mississippi Boom corporation against =.
w. Farnham and James a.. Lovejoy, James
McMullen and B. f. Dickev, w. N. Eastman
and @, A. Boney, ]. B. Bassett and Isaac Gil.
patrick, Emerson Cole and G. d. Hammond.
JOSIAH Leavitte and Jonathan Chase, and G. G.
Washburne and J. A. Christian, The suits.
seven in all. are brought to collect damages Of
$500 each. and penalty of $50 each, for OBJ
structinR the river within the limits of the
slabs, edgings, and waste-wOod of various de-
scriptiOns in the way of the boom:
As the suits are peculiar, and will, no doubt
be holly contested, the full text of the COM
plant is herewith presented, the complaints
in the remaining suits being identical with
the one given, with the exception Of the names
of the defendants:
rs: STATE OF MINNESOTA,
tt4,i{ RAMSEY County,
District Court, 9Th judicial District.
The State Of Minnesota, in relation Of the Mis-
sissippi Boom Corporation, plaintiff, plain.
tiff, against 8. w. Farnham and Jas. A. Love-
Joy, defe. dants:
The complaint of the plaintiff, on relation
of the Mississippi Boom Corporatlon, in the
above entitled action, alleges that the Missis-
sippi Boom Corporation is corporation Great
ed and existing under and by virtue of the
general laws of this State, and that said corpo-
ration under and by virtue of it's articles of In
corporation and of the act of the legislature of
the State of Minnesota, entitled an act ssrelat-
ing to the Mississippi Boom Corporation an
proved March 10, A. D. 1875 has constructed
int ho MSco1c kokr 4on &c
st. Anthony and the city of st. Paul, in the
counties Of Ramsey and Hennepin, in said
State, its boom, as in said legislative act au-
thorized, at great cost and expense tO-wit:
At a cost of over 1925, 900, and has for and dur
ing all the time hereinafter stated, and prior
thereto, maintained and operated said boom,
and that but for the wrongful acts of said de-
PENDANTS hereinafter SET FORTH could and
would have continued to operate the same at
grea' profit to said corporation and for the
benefit and advantage of said corporation.
That the said Mississippi river runs in and
is situate in said counties of Ramsey and Hem
nepin, and at the time Of the construction Of
said boom, from and below the falls Of St. An
tn my in said counties of Ramsey and Henne-
pin, was nayigable and of sufficient size for
floating or driving logs, timber or lumber, and
which could then be, and still could but for
the wrongful acts of, said defendants. hereinaf-
ter set forth, be used for said purposes in said
counties, SO as to permit the free passage of
logs, timber and lumber from said falls down
to and into the said boom of said corporation,
and to all points and places in and upon said
river, below said falls. That all logs, timber
and lumber designed for said boom, or in
anyWlse coming or to come into the same, have
necessarily to pass over the falls of st. An
thOny aforesaid, and thence aoated or driven
down said river into said boom; that said boom
corporation is directly interested in having the
said river below said falls, and through its en-
tire limits, extending from aud
below said falls, to the point where
the southern line OF the county of Ramsey, in
said State, extended westwardly, crossing said
river. That the said defendants, we'll knowing
the premises aforesaid have been and are still
operating a certain saw mill, situate upon said
river, and located within the corporate limits
of the city of Minneapolis, in said county of
Hennepin, at and near the falls of st. Anthony,
and above the said limits of said BOOM and
have ben engaged in the saving of logs and
manufacture of lumber therein, and did on the
2lst day of, July, A. D. 1879, whilst so operat-
ing their said saw mill at said county of Hen
nepin, unlawfully suffer and procure to be cast
and empticd from their said mill, a large
quantity of slabs, edgings and timber, into the
SAID Mississippi river, contrary to the provis-
ions of the act of the legislature Of the State of
Minnesota, entitled s.an act to protect the Mis-
sippi river from injury to navigation ap-
pAOSCN 1AosACuCs 1000 duu against Gu6 10TH OF
the said statute in such cases made and pro-
vided, thereby causing, by the deposit of said
slabs. edgings and her, the free navigation
of said river to be INSTRUCTED so as to prevent
the free passage of logs and timber from and
below said falls, to or into the boom of said
corporation, and causing the channel of said
river to be INSTRUCTED by the floating in and
deposits Of said slabs, edgings and timber and
causing the same to be within the limits of
said boom, to the great damage Of said corpo-
ration, and all persons navigating said river.
The plaintiff AYERS that said slabs, edgings and
lumber SO thrown in or deposited in said river
fol the purpose of building or extending any
wharf or yard room, nor was any of it, said
mill waste, SO placed or deposited in said river
or elsewhere, for wharfage, yard room or other
lawful purpose. That the damages sustained
by the said plaintiff, for the use and benefit Of
said corporation, by reason of the said unlaw-
full acts of said defendants, being the expense
necessary to make good the said damage so in
CURED. and the removal of said unlawful de
posite and things SO thrown into said river, ia
the sum of five hundred dollars or more, and
that by reason of the premises aforesaid the
said defendants are indebted to said plaintiff
in the penalty and sum of fifty dollars.
Wherefore plaintiff demands Judgment for
said penalty of fifty dollars and for the further
sum Of five hundred dollars damages, SO as
aforesaid incurred, and for the costs and dis.
bursements of this action.
|. SMITH EGAN,
Attorneys of Plaintiff,
St. Paul, MINI.
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