Page:Federal Reporter, 1st Series, Volume 1.djvu/153

 HKERMAN V. BEBF SLOUGH MANUF'o CO. 145 ���Hebbman V. Beep Slough Manufaotueing, etc., Co. and others. �{Circuit Court, W. D. Wiseonsin. .) �Navigable Steeam — Usk as a Public Highway — Obstrctctions to Stbamboat Navigation. — Where a river lies wliolly within the terri- tory of a single state, and certain piers and booms liave been ereeted in that river by a private corporation, under the autliority of the legisla- ture of that state, such piers and booms will not be abated by a court of equity, at the instance of a private individual, as a nuisance, althougk they obstruot the steamboat navigation of the river, and such corpora- tion bas exceeded its powers in the erection of the same. �Same — Injukction — AcTioH AT Law. — In such a case, where the interests involved are very large, and the improvements complained of have been ereeted under color of legislative authority, and have been used in facil- itating an important branch of commerce, and have been acquiesced in for a long time, a court of equity will not interfere by perpetuai injunc- tion until the riglit of the party complaining lias been established at law, and it appears that no adequate compensation can be afEorded in dam- ages. �Same — Chippewa Kivee — Transpobtation of Logs. — The use of the Cliippewa river by the public as a higliway for the transportation of logs and liimber is a right common to ail, recognized and pi'otected by the municipal law ; and such right must continue so long as the public have any need of its exercise, unless changed or abrogated by the legislature of the state or by congrcss. �BuNN, J. This action is brought by the plaintiff, a resident of Minnesota, and the proprietor of certain steamboats en- gaged in the navigation of the Chippewa river in Wiseonsin, against the defendants, two corporations existing under the laws of Wiseonsin, to restrain and prohibit them from running loose logs in the Chippewa river, and to compel them to remove therefrom certain piers, booms and dama, placed therein by the defendants, to aid and facilitate the running, driving and storing of logs, on the ground that such piers, booms and dams, and the running and driving of logs in said river, constitute an obstruction to navigation, and are there- fore a nuisance which ought to be abated and perpetually enjoined by the decree of this court. �The case was heard upon a general demurrer filed by the defendants to the plaintiiï's bill of complaint. �V. 1,110.3— 10 ��� �