The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1910-11-10
LUMBERMEN'S SIDE
INDlETZ AFFAIR.

CndiSCs phdo "cIc given PupiiSl1y III
the Detz case relative to the part TAX
en- by the lumber companies that form
erly had interests in the vicinity of the
Cameron dam, the Chippewa Lumber
& Boom company and the Mississippi
Logging company have issued the fol-
| lowing statement:
''To the Public: At the urgent re-
quest of many friends of the members
of the Chippewa Lumber and Boom
company and the Mississippi River
Logging company and on account OF
the recent deplorable occurrences in
Sawyer county, Wis, we submit the
following statement of the controvers-
les between John f. Dietz and the un-
dersigned:
''The Cameron dam on the Thornap-
pie river was built under a charter
granted by the legislature of the state
of Wisconsin in 1874 (chapter 2SS) to
Daniel Shaw and his assigns, from
whom the Chippewa Lumber & Boom
company obtained title in due form,
and the dam was operated each year
for twenty-seven years before Mr.. Dietz
laid claim to it.
zone end of the dam was located on
| the northwest section of the southwest
quarter of section 20, town 3S, range
west, which is the land purchased by
Mrs. Hattie +. Dieiz. The other end
of the dam was located on land which
has been owned 10y the company for
many years. The public records show
that Daniel Shaw purchased from Bar
rows q Leavitt. who then owned all of
section 20. above referred to the per-
petual right to build and maintain the
dam. The conveyance was recorded in
Chippewa county lin which county the
land was then located on February g.
1877, on pages 95 and 90, volume /,
Miscellaneous Records, as follows;
Here followed a copy of the deed to
the dam site, duly recorded.)
Later Sawyer county was set off
from Chippewa county, and the records
transcribed, and the above conveyance
was regularly recorded on Aug. l6,
1883, on page IL, volume l, Miscellan-
eous Records of Sawyer county, Wis.
"Hence there are two authentic re-
cords of the perpetual right given by
former owners of the land for the pur-
pose of facilitating the floating and
driving of saw logs. The records show
that A. r. Barrows and wife transfer
red their interest in the land in
question TO Thomas f. Leavitt by quit
claim deed on November %, 1877. Af-
ter the death of Thomas F.. Leavitt
his administrator, 10y authority of the
court on Sept. 6, 1881, conveyed the
forty acres referred to to Edward Fland-
ers 10y quit claim deed. Edward Fland-
ers several years later conveyed the
forty to Charles l.. Coleman, and the
deed contains specific reservation as
follows:
(Here followed copy of the deed re-
ferred to, in which was reserved TO
Flanders "the right to maintain all
Improvements on said lands erected
for log driving purposes and to operate
said improvements for the purpose of
driving logs on the Thornapple river
or its tributaries. ="
''Charles l.. Coleman several years
later conveyed the forty to H. L. Cam
eron by quit claim deed. After the
death of II. l.. Cameron his widow sold
the lands to Mrs. Hattie f. Dietz, Civ
ing her warranty deed for the same,
but inadvertently failing to mention
the reservation of the right to main
tain the dam and flow the land. 1t is
clear that this reservation should have
been made in the conveyance to Mrs.
DietZ, as Mrs. Cameron owned the land
only subject to the company's right to
maintain the dam and flow the land.
This might give Mrs. Dietz a claim for
damages against Mrs. Cameron, but
could not possibly give Mrs. Dietz any
claim to the dam or against the COM
pany, as Mrs. Cameron manifestly
would not sell something which she did
not own.
''ln the case of the Mississippi River
Logging company against John +. Dietz
and Hattie f. Dietz in the circuit court
of the United States, Western district
of Wisconsin, the court found that the
only interest which either John f.
Dietz or Hattie f.. Dietz had in and to
the Cameron dam was subject and sub
ordinate to all the right of the logging
company and its grantors therein and
the right of said logging company, its
grantors and assignors, to use the dam
and Thornapple river for the purpose
of driving logs.
I'm the spring of 1904 the Chippewa
Lumber 4 Boom company undertook to
drive through the Cameron dam about
6, 800 900 feetof logs which were own
ed by the Mississippi River Logging
company. At this time, four years af-
ter The purchase of the land by Mrs
Dietz Mr.. Dietz made claim to the dam
and demanded the sum of about $1,000
for toll on $4,000, 900 feet of logs which
he claimed had been driven through
the dam since he came into possession
Of he land He did not claim to have
any franchise under which he was au-