Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1904-11-14
A BROAD RULING
BY THE SUPREME COURT OF THE
STATE OF WASHINGTON.
OF Vast Interest to the Lumber Industry If
Maintained This Decision Will Practically
Prohibit Logging on the Streams Of the
State.

In their experiences with the courts
the lumbermen of the state of Washing
ton have received a number of hard
jolts, and are thoroughly convinced Of
the fact that fair settlement is better
than poor law suit. Unfortunately
they do not always have the Choice. 1t
is sometimes necessary to 90 to law.
Personal injury suits have usually hand.
ed them the little end, for the same rea.
son that obtains in most parts of the
country, that jury is always predis.
posed to "soak" a corporation in con-
troversary with the individual, especially
if that individual is a member of the
laborng class. Contributory negligence,
and even criminal carelessness, have
little weight with jury when there is
an opportunity to make concerns with
some wealth disgorge. In this class of
suits it has come to be considered that
the only possible solution is to settle the
matter out of court, if:possible. Personal
injury suits have become such ksure
things for the plaintiffs that liability in
surance rates3 have become practically
prohibitive. But recent decision OF
the supreme court of Washington has
established situation that is even more
unwelcome. 1t now looks as though the
only relief will be to wait until:ithe day
Of successful aerial navigation.
The decision referred to was in the
suit brought to restrain the Monroe Mill
company from operating its dams and
other creek improvements located above
the lands of one Mcneil. The court held
that Mcneil was entitled to tho stream
in it's natural size and regular flow at all
times, and the court further found that
the logging company must, in it's driv.
ing operations, entirely limit its crew to
the use of the actual bed of the stream.
These two findings make it possible to
absolutely prohibit the utilization Of any
stream for logging and operating Of all
dams, and e'ince it is absolutely imposi-
BILE, in the maj ority OF cases, for the log
drivers to entirely remain off the banks
OF log driving stream. If this decision
is allowed to stand, along with another
recently rendered in which regularly
incorporated railway company was
stopped from condemnation proceedings
for right of way purposes, a very large
proportion of the timber OF the state will
be absolutely inaccessible.
These decisions of the Washington
courts have both moral and legal sup.
port to certain degree. Undoubtedly,
in that state, as in other parts of the
country, much damage has resulted
from the storage OF water in dams and
the resultant overflow Of adjacent prop
erty, and from the increased flow of
water when the dams were opened. It
is also true that logging crews have not
been as considerate of private property
along the banks OF driving streams as
they might have been. But damage and
loss from such causes are the exception
rather than the rule, and it would ap.
pear to be much wiser course to allow
such operations as are absolutely neces.
sary in the conduct OF the numbering
business, and then entertain claims for
damages where they are shown to be
just.
The lumber industry of the state Of
Washington is its chief industry. Forests
are the chief wealth of the state, and
their explorations has brought hundreds
of thousands of dollars to the state and
supported very large propoi ton OF the
inhabitants. Restrictions of this char
acter tend to arrest development and
hamper the business OF enterprises al
ready established. The use of the
streams OF the state to bring the logs to
the mills is absolutely essential in most
instances. The steep descent from the
mountains to the coast in the western
part OF the state make railroad logging
practically impossible, and the variation
in the natural flow OF water renders
damming the only solution. In a largo
majority of the streams the rush OF
water at certain seasons makes it's con.
troll by the use OF dams benefit rather
than menace to the property OF riparian
owners. If the administration Of the
law could be inoculated with little
common sense to temper the strict ad.
/ herence to technicalities, result would
be more satisfactory all around.
sissippi Valley Lumbermen.
Doesn't Respect Old Age.
It's shameful when youth fails to show
proper respect for old age, but just the
contrary in the case OF DR.. Kings New
Life Pills. They cut off maladies no