Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1910-08-01

Lasting through a period of more
than Is years the history of the liti-
cation of j. p. O. Lownsdale against
the Grays Harbor Boom company, in
fight over small tract of land at
the mouth of the Humptulips river,
in Chehalis county, is believed to hold
the record in this state. 1t has held
prominent place in nearly every
superior court docket at the county
since it was first launched in 1895.
and it has been to the supreme court
so often, upon appeals by one side or
the other, that it has come to be a
well known item in legal lore. The
fame of this litigation has extended
beyond the confines of Chehalis coun-
ty, until it is hardly probable that
there is an attorney of any promi-
nence in the state who has not heard
or studied the many phases of this
stubbornly fought and interesting
case.
Many questions effecting the coun-
try at large have been involved and
nothing has been forgotten by either
side which would tend to strengthen
their position. AS the result of this
long legal battle, however, the
( Lownsdales have only collected about
$4,000 in damages although they have
asked much greater sums and, in ad-
ditiOn, have endeavored to drive the
company from the river altogether.
On one or two occasions, it appeared
that they would succeed in this move
ment, but soome loophole has always
been discovered through which the de-
! PENDANTS have escaped. In their ex-
tremity the Lownsdales once took the
case into Federal court, before Judge
HanfOrd, but the experiment proved
so disasterOus that they We're con-
| tent to confine their operations to
the lower courts, where first one side
and then the other has won, see-sew-
ing through the ups and downs of
success and defeat through many
years.
The recent death in Portland of
J. p. O. LOwnsdale, the main insti-
gator in the battle may have the ef-
| feet, it is believed, in the abandon
ment of further proceedings. At this
time history of the celebrated liti-
cation with which many people are
more or less familiar appears to the
point.
Lownsdale Invests
About the year 1892, when Grays
Harbor was a young and struggling
community of few thousand souls,
J. p. o. Lownsdale, resident of Port
land, arrived on the Harbor. After
investigating conditions and looking
over the country. he finally invested
in a tract of land near the mouth of
the Humptulips river, west of Ho-
,iov ir,,n
and although it might have been suit
able for agricultural purposes, he new
er developed it. At this point, the
river divides the land into two about
equal parts. At about the same time
the Grays Harbor Boom company.
composed of local men was organ
lied for the purpose of making it pos
sible to develop the timber resources
of the stream, which were considera-
BILE. Several logging concerns desired
to operate and it was necessary that
boom company be organized to ham
die the output.
Soon after organization. the COM
pany built it's boom in the river, where
it flowed through the Lownsdale lands.
In the course of time the boom was
completed and operation on the river
began. Along about 1895, Lownsdale
brought suit in the superior court. at
Montesano, against the Boom com
pany, for damages, alleging that the
banks of the stream were being ov-
erflowed through his property, and
eroded, and that other damages to
his holdings was the result. Upon
trial of this cause, Lownsdale secured
a verdict and judgment for Sl,e'O.
But the Boom company appe2,e1
the supreme court and after a hear
ing, the case was reversed, and sent
back to the superior court for a new
trial. Lownsdale then amended his
complaint and sought, not only to re-
cover large damages, but also to en-
Join the Boom company from operat-
ing on the river.
The case again came to trial be-
fore a jury, Judge Linn, of Olympia.
being the trial Judge. Judge Hodeon
had been the trial Judge in the first
case. After several days consumed
in the trial, it became evident that
the judge was about to non-suit the