Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1898-12-15

| rights ana interests OF the sad Robert
and Joseph Lvte, and continued to i'm
prove the stream by removing fallen
trees, snags, roots, jams OF logs and other
distractions and by repairing The dam
! (known hereinafter referred to as plain
tiiTs upper dam at a point on the stream
I distant about two and half miles from
lower dam. In its natural condition and
prior to any improvements made by the
Lytles thereon this stream in question
was narrow, crooked stream, varying
in width from forty to one hundred and
fifty feet, and containing numberless shall
! lows and sand bars. The tide Gibbs and
flows for about seven or eight miles above
the mouth of the river. Plaintiffs lower
dam is situated about seven miles above
tide water. Resp, nuent NeesOn is the
owner of timber land lying adjacent to
and on both sides Of said stream above
that portion thereof which is included in
| plaintiffs map of location. In March,
| 1896, Neeson began the construction OF
dam about thlee quarters OF mile above
plaintiffs upper dam. Neeson completed
his dam in June, 1896. lie also con-
structed in tide water Il suitable boom for
! holding his logs. The evid nee trans
mitted to this court satisfies us that prior
/ to the improvements OF this river and the
removal of distractions therefrom it was
wholly unnavigable ard nonfoatable.
1t also satisfactorily appears that the
Lyles were the first to improve and re-
move distractions from the stream above
tide water. These improvements were
commenced by them sometime in the fall
of 1898. Immediately upon completing
its incorporation the plaintiff proceeded
to further improve the stream and re-
moved snags, fallen timber, roots, and
other distractions thereirom, besides re-
pairing and completing the lower dam
and building its upper dam hereinbefore
mentioned, expanding in such improve
ments sum approXimating 500, 900, and
ever since has continued to keep the chan
mel OF said stream below its upper dam
and between said dam and the mouth OF
the river free from Instructions. and for
that purpose has kept and still keeps men
constantly employed, and by means OF
the water stored in its dams has rendered
this stream hoatable for the purpose of
moving and driving logs down to tide
water at all SEASONS of the year. 1t also
appears that the annual expense of keep
ing the stream cleai OF distractions SO as
to enable the logs to be iloated thereon
between plaintiffs upper dam and tide
water amounts to hundreds Of dollars.
Plaintiffs dams are constructed in IL
scientific, workman and proper manner,
and the same is true OF Nelson's DAM
Since the summer of 1895 plaintiff by
reason Of its improvements done upon
the stream, the removal of distractions
therefrom and the erection of its dams,
has been able, ready and willing to sluice
sack and drive the logs and timber prod
ucts placed in the bed OF said stream
within the confines Of its plat or delivered
| INTO us POniS, anu 10 llIndIc AL Su"h
logs and other timber products OF all per-
sons upon the same terms without dis
eliminating as to time Of sluicing. sack
ing and driving, and claims to charge and
collect for such services reasonable and
uniform tolls, not exceeding sixty cents
per thousand feet board measure, whether
on logs, spars or other large timbers,