Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-08-07
THE MINNEAPOLIS GAME
To Prevent Logs Reaching the st. Paul
BoOm-A Trick to Have the Govern.
meat Interfere.

To Prevent Logs Reaching the st. Paul
Boom-A Trick to Have the Govern
meut Interfere.
A case in which both St. Paul and Minneap-
oplis, as we'll as o number of private individu-
ais, have more or less interest, and also in
which game importantle legal points are we'd,
came before Judge Nelson, of the U. s. court,
yesterday. The title of the case is the United
States against the Mississippi & Rum River
Boom company, and Messrs. Prince and Hol-
ton. representing the st. Paul Boom company.
The case came up on an application for an in
junction on the part of the United States to re-
strain the defendants from running logs or
lumb Der over the falls. The case was argued on
the part of the United States by District
Attorney w. w. Billson: on the
part of kthe Mississippi River
Boom Company by VIM. Lochren and On
behalf of Messrs. Prince and Holton by James
Smith, Jr.
The substance of Mr.. Billsons argument was
that the government seeks to enjoin the
Boom company and Messrs. Prince and Hol-
ton from driving or passing logs over st.
Anthony Falls on the grounds that the pass
age of said logs and lumber by striking
| against the sluice-way and Improvements now
being constructed by the government at the
Falls will in ure and destroy such government
works. The government alleges that it is
constructing these Improvements under the
act of Congress- and that if the Boom COM
pany turns the logs of Messrs. Prince and Hol-
ton out in the main channel against the works
SO being constructed, they tend to injure and
impair the same, and impair the navigability
of the Mississippi river.
MIR. Lochren, on the part of the Boom compa
ny, presented as the principal point of opposi
4. Al L.. -. ~. e.
that the Mississippi river is public highway
free to all the people of the United States for the
transportation of logs, lumber and for navigs
ton by water craft, and that great commerce
is carried thereon-that citizens of the State
| and the public have paramount right to the
free use of said river, without any obstruction
or hindrance whatever from the government
and that if the government seeks to improve
the falls, it must improve them in such man
ner as will not interfere with this free right
and as part of the plan of i'm
provement, should take such steps, and
devise such plans, in the way of building sluice
ways, as will carry and direct said logs through
| its said improvements without injuriDg or i'm
pairing them.
Mr.. James Smith, Jr. on behalf of Messrs
Prince and Holton, argued thatsthe improve
ments being made by the government ale being
| made, not to promote the navigability of thu
river but to aid private enterprise, and t,
preserve the water power in the interest O.
private parties,-that the Mississippi rive
above the falls has never Except during on,
SEASON. been navigable, and that the pretended
improvements in aid of navigation and com
merce have no legal sanction, although
carried on under the guise of public purposes
They likewise maintain their paramon
right to the free use of the river and that thu
government must protect its own improve
ments SO long as they are engaged in the legiti
mate and lawful use of said river.
| At the conclusion of the arguments Judg'
Nelson said that in view of the Importance o.
the questions raised he would prefer to Civ
the matter some thought, and would therefor
| take the subject under advisement and rende
| his decision hereafter.