Page:Federal Reporter, 1st Series, Volume 1.djvu/167

 HEE14MAN V. BEEF SLOUGH MANUF'G 00. 159 �nor the use of the river as a common highway by the pro- prietors of these different interests, any better nor so well as they are now defined and regulated by the law. �The Chippewa river is a public highway, and if a person should, without authority from the state, and disconnected with any purpose of improving or facilitating any branch of commerce upon the river, place obstructions in it, perhaps, in a suit brought by the proper party, equity would relieve against such obstructions to commerce by declaring them a nui- sance, and enjoin their use. But the court cannot, by its decree, regulate the use of the river by the several classes of persons pursuing different lawf ul branches of commerce and navigation, any more than it can that of any other highway. The rights of these several classes are already well enough defined by law, and if any person or class of persons take or exercise a too exclusive or unreasonable use or possession of the river, to the injury of other persons, the law affords an adequate remedy in damages. What would be an unreasonable use of the stream for purposes of commerce, such as would give a right of action at law, must be determined from a full consid- eration of ail the facts and circumstanoes of the particular case, and should be submitted to a jury. �A good deal might depend upon the relative importance of these different interests to the welfare of commerce and the public good; for the court, as already intimated, cannot admit that there is anything peculiar about steamboat navigation that should give it any preference or superiority over other forms of commerce, upon a stream adapted in a greater or less degree to both. The interest which the public bas in the matter is to see that the stream is kept open and free to the use of the public for those purposes of commerce for which by nature and adaptation it is best fitted. If, in the judgment of the state and of congress, it is worth more and can be more advantageously and profitably used for the purpose of float- ing to market the products of the vast pine forests of the state than for the navigation of steamboats, then it should be used for that purpose. Or if it can be as profitably and advan- tageously used for both, then it should be so used, under the ��� �