The Bemidji daily pioneer., 1906-04-24
Judge Lewis Orders Logging
Companies to Suspend
Their River Work.
FISH COMMISSION MIST
GATHER SPAWN.
State Asks Nothing More Than
tho Proper Exercise Of
Police Duty.

An order which will be read
with very general interest by
those who are interested in FISH
culture, and the relations which
that culture bears to the lumber
companies which occupy the
rivers and streams, has been
filed in the district court by
Judge Lewis, in the suit for
damages brought by the state OF
Minnesota, through it's game and
fish commission, against the
Tower Lumber company, the
Tower Lum Der and Boom com
pany, and William Jalley.
The defendants interposed
their demurrer to the complaint,
and the court overruled the de-
murrer, reviewing the facts and
the law in the following luminous
discussion.
"This matter is before the court
upon demurrer to the complaint
in a civil action wherein the state
game and fish commission sues
to recover damages for the OBJ
struction Of a stream by de-
fenoants with floating logs,
whereby the commission was
prevented from gathering $4,000
600 pike spawn, for the loss of
which, together with the time Of
the men, the commission seeks
to recover $4,000.
"It appears that this defendant
was engaged in the lumber and
logging business and is a corpor.
alton organized for the purpose
of developing and using, in con
nection with other streams, Pike
river, i'll the business of storing
and driving logs, and the de-
fendant has expended a large
sum of money in improving the
stream for the passage and
handling of logs, by blasting
rock from the channel, by the
erection Of a dam, and the con.
struction Of several booms, and
in return was authorized to carry
on it's business, and to collect
from others, who might enjoy
the benefit of it's Improvements,
uniform N tolls. -
"Pike river lies wholly within
the state of Minnesota and flows
into Vermillion lake, which is one
mile below Pike river falls. The
river at an ordinary stage of
water is several feet deep in the
channel, with an average width
of 60 feet for a distance of some
four or five miles aboye the
mouth. It is navigable by an
ordinary tugboat six or seven
rods above Vermillion lake, and
by canoes and small boats some
20 miles farther.
s'Prior to the incorporation of
defendant and the improvements
made by it upon this river, logs
were driven only during short
periods of high water in the
spring. At point some two
miles above Pike River falls,
defendant had stored, in one of
it's booms, large mum Der of
logs, which the ordinary course
Of business of the company re.
quired to be driven down the
stream during the season f19O5,
and while so engaged the matters
arose which are the subject of
this action.
"It also appears that large
number of fish belonging to the
pike family, inha bit the stream,
and during the last week in April
are wont to pass up the stream
as far as Pike River falls for the
purpose of spawning. These
falls are inaccessible to the fish,
which, in the latter days of April,
annually gather there in large
numbers. At the time in ques-
ticn the state game and fish com.
mission, with knowledge of this
defendant, was engaged in net
ting these fish at the foot Of the
falls for the purpose of gathering
spawn for the propagation Of the
fish. The commission was pre-
vented from carrying on this
work by large quantity Of de.
fendant's logs, which we're will
fully let out by defendant from
it's boom. some two miles ahnun