Page:Federal Reporter, 1st Series, Volume 1.djvu/155

 HEEEMAN V. BEEF SLOUGH MANUf'û 00. 147 �stock corporation, organized in the year 1867, under chapter 73 of the Kevised Statutes of Wisconsin, for the declared pur- pose of driving and booming logs, manufacturing lumber, doors, etc., on and at the head of Beef Slough, on the Chip- pewa river. �That before 1870 the said defendant company constructed in said river, and on Beef Slough, whioh is one of the chan- nels of the river, without any lawful anthority, a number of piers of wood and stone of great size and strength, and con- nected the same by booms placed in the river, in such a man- ner as to cause a considerable obstruction to the navigation of the river, and so as to divert, to some extent, the waters from the main channel into said Beef Slough ; that afterwards, in the year 1870, the legislature of Wisconsin passed an act entitled "An act to define certain rights and duties of the Beef Slough Manufacturing, Booming, Log Driving and Trans- portation Company," known as chapter 299 of the Private and Local Laws of 1870, by "which the state attempted to authorize the said company to maintain the said piers and booms constructed for the purpoae of turning loose logs float- ing in said river into Beef Slough, and to constructand main- tain in Beef Slough, and upon the land owned and leased by said company, such piers, dams and booms as might be neeeSsary to confine the water of said slough to its proper channel, and to secure the logs running into the same : provided, that no booms, dams or piers should be constructed which should prevent the free and unobstructed passage by boats througb Beef Slough, or from Beef Slough into Perrin Slough, so called; and provided further, if within 18 months from the. passage of said act good and suflBcient provisions were not made for the free and unobstructed passage aforesaid, then the privi- leges granted by said act should cease ; and the said company were required to pave and stone the bed of said Beef Slough at or near its connection with said Chippewa river, for the purpose of mainttiining the level of said bed and preventing an excess of the volume ot water flowing over the same. And whereby it was provided that said company should bave the exclusive privilege of driving and booming ail logs, timbers. ��� �