Page:Federal Reporter, 1st Series, Volume 1.djvu/159

 HEEKMAN V. BEEF 8L0UGH MANUr'o 00. 151 �threaten that they will henceforth continue to inerease their Baid operations, and wil], year after year, eut and cast upon said river, to be floated down from the upper waters thereof to Beef Slough, still greater numbers and quantities of such pine logs. �That the effect of such acts and business of the defendants has been and will be to render the navigation of said river, -during those portions of the year when navigation from natu- ral causes is the best, exceedingly difficult, dangerous and expensive. �That the course of the operations of the said defendant has been and will be to cover the surface of said stream with logs floating down the same in great masses, so that the entire «hannel of the river has been, and will hereafter be, occupied by them during the period of several weeks in the spring months, and for many weeks during the rise of the water in summer. And such logs have been and will be left, wliolly unguided, to run as the course of the current directe, and generally to float with the rapid motion, and by reason of the numbers in which they have hitherto been placed in said river, they have a force much superior to that of single logs, and Bufficient to crowd out to one side floating vessels with which they corne in contact, by reason of wbich it has hitherto happened, and must happen in the future, that the steam- boats of the plaintiff have been much impeded and much delayed in navigation by day, have been oftentimes broken and seriously damaged in their wheels, and have been compelled to entirely suspend their course by night, and tie up to the bank to escape the dangers threatened by such running logs; and the amount of navigation has been greatly diminished, and must heareafter continue to diminish until the samo shall cease, unless the use of such river fojr such purposes be restrained. �That the floating of logs as aforesaid on said river has caused great and permanent injury to the navigability of the stream, by striking against and breaking down the banks thereof, and thereby widening the river in some places, and making it shallow and less navigable. ��� �