St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-11-22
LOG DRIVING ON THE ST. LOUIS
RIVER.
Interesting Decision of the Supreme
Court Yesterday on Lumber
Navigation.

The supreme court yesterday, by Judge
Berry, rendered an opinion of vast import
ance to all connected with the lumber inter
est IN Minnesota and Wisconsin. Robert
Osborne and others commenced action
against the Knife Falls Boom company and
the St. Louis River Boom Improvement
company, alleging as follows: That there
are thousands Of millions Of feet Of valuable
pine timber upon the st. Louis river above
Knife falls. and that Duluth is the natural
market therefor. Between Fond du Lac aud
Knife Falls, over ten miles, there is a success
sion OF rapids over which logs have TO be
run loose, and only can be run during the
one to three weeks Of high water in the
spring or in June; then they can be run cas-
fly and in q few hours time, but If detained
until the water subsidies they may become
hung up for year. The defendant compa-
mics have erected piers, booms, etc, entirely
across the river, little way along Knife
falls, and below the plaintiffs timber and
thus blockade the river aud stop all the logs.
No passage is left save a narrow space
through which all logs have to be run by
hand. The process is necessarily slow and
it is impossible 10 run the logs through
so as 10 take advantage Of the first water
consequently the bulk Of the plaintiffs logs
destined for Duluth are sIlted out by the de-
fendents after the water has fallen and the
logs are therefore hung mp until the next rise
INJECTING irreparable damage. Yet the de-
PENDANTS exact toll of fony-fTe cents per
thousand feet for allowing plaintiffs logs 10
pass and threaten TO hold the logs until paid.
Wherefore the plaintiff demands judgment
that the defendants be forever restrained
from delaying the plaintiffs logs, and that
they be ordered 10 remove the booms, etc,
OF so alter them as 10 allow the plaintiffs
logs to pass.
The defendants allege that the st. Louis
river was not, until the improvements made
BY them, navigable stream, Tut the rapids
prevented ii from being highway for any
purpose whatever That, recognizing the
fact, the legislature passed the special act
relating 10 the Boom com pany. That before
the plaintiffs or any one else attempted 10
drive logs over the rapids, the defendants
cleared out a channel through the rapids aud
also erected bOoms, etc, so as To drive logs
over the rapids. That logs never could be
driven over the rapids easily or in
few hours, and that the driving
Of logs has moi been hindered, but the logs
have been assorted and turned over the falls
in the best possible manner, the works Of the
defendants greatly facilitating such driving.
Further, that Duluth is not the natural OF best
market for logs, but Clogaet, above Knife
Falls, is. The sixth and seventh foliOs of
the plaintiff proclaiming the river nayigable
and public highway. are expressly denied.
No unlawful toll has been exacted and the
defendants works have been of great benefit
and utility to all log-driyers.
The plaintiff in turn denies all the new
matter Of the defendants answer.
~. Al
Carlton county, March 81, 1884, aud Judge
Stearns decided in favor Of the defendants.
The court found that the St. Louis river is
navigable except between Thompson ami
Fond du Lac and at Knife Falls. That the
general plan of the defendants works Is
such as is in common use throughout the
northwest and their capacity can be largely
increased without unreasonable eX-
pense. 1t is not practicable 10 construct
any bOoms on this river within these
limits through which any considerable guam
tty of logs can be passed without material
hiudrance or delay. That no such booms
can be of srrvice TO the plaintiff. At the
rapids in question the defendants have made
a better channel, but il was entirely possible
10 float logs over them in the natural state.
The plaintiffs are not entitled 10 the relief
asked for. In an appended memorandum
Judge Stearns ADDS That the legislature
may designate points on the
river where all logs may be
detained a reasonable length of time, and
may authorize a corporation To stop all logs
and charge reasonable sum for asserting.
He does not believe that the legislature mas
the power to levy any toll on logs simply per-
mitted TO pass through such works. He be-
lieves that the capacity Of the works can be
greatly increased without altering the gen
eral plan. The matter Of tolls should be
settled at law. AS the works are lawful, a
court Of equity will not compel defendants TO
enlarge or improve them, because
the works viii not operate themselves,
and the court will not IN
dertake TO see that they were always or at
any time properly manned or worked.
The matter was appealed to the supreme
court which yesterday affirmed Judge Stearns
decision, Judge Berry endorsing the sugges-
ton that the works can be enlarged without
unreasonable expense by extending the
boOms and doubling or charging the pass
age way, butss much or more depends upon
the proper managing and operating the
works as upon their con struction and capa-
city. The full text of the syllabus can be
found in the court proceedings in another
column of the GLOBE.