St. Cloud Water-Power & Mill Company v. Mississippi & Rum River Boom Company
| Decision Date | 02 June 1890 |
| Citation | 45 N.W. 714,43 Minn. 380 |
| Parties | St. Cloud Water-Power & Mill Company v. Mississippi & Rum River Boom Company |
| Court | Minnesota Supreme Court |
Appeal by plaintiff from a judgment of the district court for Stearns county, where the action (brought to recover $ 618 damages for injuries to plaintiff's dam) was tried by Baxter, J., a jury being waived.
Judgment affirmed.
Reynolds & Stewart, for appellant.
Jackson & Atwater, for respondent.
The plaintiff is a corporation under the laws of this state authorized by various acts of the legislature to construct a dam across the Mississippi river at St. Cloud. The consent of congress to the construction of such dam was given by chapter 231, Acts Cong. 1883-84, (23 U.S. St. at Large, 154.) The act granting such consent contains this proviso "Provided, further, that the works be constructed so as to provide for the free passage of sawlogs and rafts, and, when necessary, to permit the passage of boats." There can be no question of the power of the legislature, with the sanction of congress, to authorize the construction of a dam across the river, although it is a navigable stream; nor of the power, especially of congress to impose upon the right granted such restrictions and conditions, as to the kind of dam and manner of construction, as might be deemed best to protect the interest of those engaged in navigating the river, in floating logs or otherwise. The plaintiff was bound, therefore, if it constructed the dam, to so construct it as to provide for the free passage of saw-logs and rafts. The provision for that purpose made by plaintiff in its dam was a deep sluiceway, 88 feet wide, "of sufficient size and capacity to float all logs that come down the river through the same, when, and only when, such logs are properly managed and attended to;" and sheer-booms above and leading to the sluiceway, of sufficient strength and capacity to guide safely all logs coming down the river into and through the sluiceway, when such logs are properly attended and managed; that one or two competent persons would be necessary and sufficient for that purpose. Unless so managed and cared for, they will collect in large numbers, and pile one upon another, causing a jam in the slow current above and caused by the dam; and when so collected the booms are not strong enough to resist the pressure of the logs against them, and by reason thereof the logs...
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