Page:Federal Reporter, 1st Series, Volume 1.djvu/168

 160 PEDEBAL EEPOfiTBB. �aw, as it is found, and under such regulations as the legisla- ture may from time to time niake. ihe matter is peculiarly a subject for municipal regulation. As a matter of fact, the lawfnlness of the use of the Ghippewa river by both these interests has been fuUy recognized by the state. �That the use of the Ghippewa river, in common with many other rivers and creeks in the northern half of the state, for the floating of legs as well as lumber to market is a lawful use, there is no manner of doubt. It has been practiced for nearly or quite half a century, and although the right has sometimes been denied by those engaged in other commercial interests, the use of these streams for such purpose has been general and uninterrupted for a long period, and from a time antedating the organization of the state government. The vast importance of the logging and lumbering interests on the Ghippewa river sufficientiy appears from the bill of complaint, and if it did not the court should take judicial notice of it. To do otherwise would be for the court to affect ignorance upon a subject of common notoriety, respecting a leading com- mercial interest of the state. �ihe lawiulness of this right has been repeatedly recognized and upheld by the decisions of the circuit and supreme courts of "Wisconsin, as well as by a long course of state legislation, and is fuUy recognized by the act partially set out in the com- plaint, by force of which the Beef Slough Manufacturing, Booming, Log Driving and Transportation Gompany claims the right to maintain the piers and booms in the river, which are in part the subject of this suit. �By chapter 399 of the General Laws of 1876, entitled "An act to facilitate the driving of logs down the rivers of this state, and their tributaries," as well as chapter 144 of the Laws of 1872, of which it is amendatory, the right is .explicitly rec- ognized, and aulhority conferred for the organization of incor- porated companies for the purpose of driving, sorting, and delivering logs on the rivers of this state, and their tributaries, and for the improvement of such rivers and tributariçs for such purpose ; and it was under and by virtue of the au- thority of these acts that the other defendant, the Ghippewa ��� �