The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1889-08-16
A Decision Handed Down by Judge Rock
afeller in the Log Gases.

Judge Rockefeller of Suubury,
hasfiled an opinion awardin an in
junction to restrain owners of shore
aud island land and persons who had
captured logs from interfering with
employees Of the Lumberman's Ex-
change in gathering up logs and lum-
ber which had come down from the
booms and mills at Williamsport aud
Lock Haven in June and had lodged
and been caught.
The lumbermen of the West Branch
after the flood turned over the control
of all lost logs and lumber to the ex-
change and the latter made contracts
with a skidding company of Michigan
to gather up and load the logs along the
river, and they also made contracts
with private contractors to gather up
the lumber, clean it and pile ii up
ready for shipment.
The skidding company put jack
mills at number Of places along the
river to raise and load the logs on the
cars, and contract was made with
the Pennsylvania Railroad Company
for hauling the logs to Williamsport.
THE oBsTRErERoUs LAND OWNERS.
The exchange thought there would
be no difficulty in settling with land
owners and log catchers, but after
everything got into operation the
workmen were continually stopped by
persons who refused the right of en-.
trance upon their lands and by the
catchers of logs, who demanded fifty
cents log before giving them up.
The officers of the exchange, after
making offers as high as Sl.50 per
1000 feet to log catchers and fifty
cents per 1000 feet TO owners of islands,
and being unable TO make enough set
Elements to keep the work 10 operation,
applied on the 3lst of July for an in-
junction to restrain interference with
their employees.
The demand of many island owners,
who have from 200O 10 10000 logs,
we're fifty cents q log also, price
which the exchange was unwilling and
unable to pay. To these people, as
we'll as to all other claimants, the ex-
change proposes to give security for
all sums which could be legally recov-
cred, by giving bonds, but they re-
fused to take that security, preferring
to hold the logs to enforce their de-
mands.
THE COURTS OPINION.
The opinion of the Court is exhaust
i've, covering about forty pages of
manuscript and reviewing the legisls-
ton and courts upon the questions
raised. He holds that the act of 1866
does not apply to the case of logs and
lumber carried out by extraordinary
freshet, and that the act only applied
in case of the international floating of
logs on the river. That was the only
act which allows fifty cents log to
captors Under the act of 1862 cap
tors are allowed fifty cents thousand
feet, providing they have complied
strictly with the act of 1912 by lodg-
ing list of captured logs with JUS
tice of the peace aud having it publish
ed
The owners of seven islands below
Shamokin Dam who flei affiiavits
that they had complied will, this law
were excepted from the injunction
without prejudice to the rights of the
plaintiff to apply for injunctions
against them after making tender Of
fifty cents per thousand feet.
In regard to all other of the 17S de-
PENDANTS a special injunction was
awarded to restrain them from any
with the exchange in
removal of the logs aud lumber
brought down by the June food, lodg-
ed on their land or caught aud secured
by them. The exchange is to give an
injunction bond in $4,000.
Judge Rockefeller's opinion is so
sweeping that it is likely that upon
second thought those who have been
demanding a high price for the privi-
lege to remove the stranded lumber
will take a more reasonable amount
and share the losses of the lunibermen.
The bill was drawn and presented to
the Court by J. N. Hill, of Sunbury,
and Congressman Mccormick, of
Williamsport, assisted him in the argu-
menl,