Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-07-17


state of Maine is also presented. l only !
got the sense of it as it was read by counsel
in the argument, but it was so clear that 1
that statute itself, from the argument of !
the court, did provide for free way for {
that didn't want their logs
doomed that it cannot have any applica-
ton to this case,
am of the opinion, there /
fore, that the situation of
Minnesota does authorize this st. Louis
River Boom company to receive, control,
scale, deliver,-to take charge of all loose
logs coming down the river within those
two towns, 40 and So
Another part of the statute, that shows
that that is SO, makes them liable, or i'm
plies their liability. The fact is that they
are created bailees of these logs for spe-
cifc purposes, and as such bailees they
would be liable for the loss of the logs or
for an injury to them, as for burning them
up, IF we can suppose such thing to
happen to logs in boom.) and for the IN
just detention of them for a longer time
than was necessary 70 perform the func-
tions that they are authorized to perform.
And that such is the view of 1t is evidenced
by the proviso to section 4: That |
when the water in sad river shall be so |
low that logs cannot be turned out of said |
booms or RATED in consequence of such !
low stage of water, the said corporation |
shall not be required or held accountable |
for the non-delivery of any logs that may, |
during such time, be in such booms or
either of them, until there shall be SUI
fcient water to enable said company to
raft" that is one of the things theyare au-
thorized to do-wnich it is their duty to
do,-''to raft, turn out, or deliver the same,
and provided also, the said company shall
not be liable for any damage caused by an
extraordinary rise OF water or freshets."
They are bailees, with the absolute con-
troll of these loose logs, with certain duties
| to perform, and this provis0 relieves them
from the legal obligation of bailees in GER
tain contingencies.
| Now is that law unconstitutional, or IS it
void because the consent of the owners Is
| neither given by express words nor by I'M
plication TO the turning of the logs into
| this boom or into the possession which the
boom owners take of them? am not re-
ferred to any provision of the constitution
of Minnesota providing for the invalidity
of such an act therefore ! shall presume
that there is no such provision.
1t is hardly asserted (although the argu-
meut goes mainly to that, that the statute,
If construed as | construe it, is void, al
though it is said so in the argument; and
l don't see any solid foundation for such
proposition TO rest upon Here is stream
of very peculiar character, whose only
value, as means of transportation, Is that
it can carry logs and lumber from above
down to its mouth. That value, however,
is a very great one. because there Is vast
numbering region on that river above these
booms. and the natural and only reasonable
: outlet for these logs to get to place where
= they can be RATED and thence propelled IN
T safe water is through this river and through
these booms. It may be supposed, 1t must
.. be supposed, that the legislature had some
9 information of the nature and char
/ acter of the river, its distractions
= (if there were any its difficulties within
/ these two townships. because they point out
e these two townships specifically and de-
;, scribe them. and it Is only within these
/ limits that the defendants operations can
l be carried on. There are, therefore,
0 hundreds of persons interested in the bus
d mess of numbering above these two town
d ships on that river; there are millions OF
Il feet of lumber to be cut and carried down
+ there, and the only practical way is that
4 they shall be hoated on the waters Of thai
n river below these boom limits and out in
1 to that part of the ST. Louis bay or St
1, Louis river which is safe water. These
1t persons have no community of action
1t They cut when they please and how much
10 they please, and IL such order as may sui
themselves, and they cannot carry these
re logs and they cannot raft them above, be
N cause, as | understand, no raft can go owe
10 these obstructions-they must 60 dowI
So through these booms singly, or at least no
fastened together III a raft. If they car
IS not be RATED, they are marked IN that par
It. ticular by the provision of the statute II
ir its expressed terms; it is then these loos
is logs that are set aAoat by everybody, will
ye no other mode of recognizing the prOpert.
N than by some artificial mark put upOl
e, them. with hundred owners logs running
N together, and all going ito this partlcula
he place-going into a place where, as tn
id testimony shows. it was necessary IN man
e instances for somebody TO go and tur
T. them of of the rocks which Obstructe
er them, TO start them afl0at when they wer
h stopped by those natural distractions, t
lie see that they did not collect in great bodie
"a. as they do in some of the lower Ti~ers, an
be make miles and miles Of distractions thu
OF are of no use to anybody, to gather ther
We together, 10 take care of them in thl
II perltOUS part OF IH0lE LEdnN4G OOWE iitI
he river Now, for the legislature to sa
e that you shall II ke q boom that viii cate
j." all these logs. that will enable you to
Ike your duty about al these logs, and tha
lat you must do your duty with regard to a
ne these logs because the owner IS not senC
tn ing somebody down with every log thu
lid foats), for the Legislature to say that 20
tx must be careful that you touch nobody
tn logs that has not employed you to do
ere that you shall gather together in th'
fits boom and take care of and scale and deli
all er to the owner no other logs than those
ats which the owner has requested you to d
nd this is to simply enjoin an impossible,
re- it is simply to say that no such boom sha
'on be made, it is 10 say that it shan't be use
all because, no boom owner can do that. b
of the legislature has assumed that all the
rec log owners have some one, common int
est, that is, that their logs should get SAT
ain ly through that place, that they should
uld identified and marked, that they should
ose scaled there and that they might be,
wn needed, RATED there, and that they mig
ese and must be by these boom owners deli
ct. cred to their proper owners. Now, for tn