Page:Federal Reporter, 1st Series, Volume 1.djvu/169

 HEEfiiIAN V. BEEF SLOCGH MANUF'g CO. 161 �River Improvement and LogDriving Company, was organized, and constructed the dam at Little Falls to create a reservoir from the surplus water in times of a high stage, and detain it to be discharged and uaed for the floating of logs as it should be needed. And the decisions of the courts have gone far in holding these streams navigable highways for the purpose of floating logs ; no f urther, however, than the public need bas re- quired. Indeed, it seems a public necessity that these streams, which may be proiitably and advantageously used for the floating of pine logs at recurring seasons of the year, especially with the aid of dams, which the law authorizes, and which of late it has become a common practice to employ — though they may go dry at other times — should be held navigable in fact for such purposes. �There is, perhaps, no other way by which the wealth of the pine forests of the state can be utilized with advantage or profit. Whisler v. Wilkinson, 22 Wis. 572; Oison v. Merrill, 42 Wis. 203. �The supreme court has also afSrmed the validity of state legislation which provides for the improvement of the river by t!ie building of booms and dams for the purpose of faoilitatmg the running of logs. Tewksbury v. Schidenhurg, 41 Wis. 684; Wis. River Improvement Co. y. Manson, 43 Wis. 255. �This use of the Chippewa as a lawful use has been more than once recognized and affirmed by congress in acts appro- priating money for the survey and improvement of the stream, and especially in 20 U. S. St. at Large, 372, in a proviso annexed to the appropriation as follows: "That nothingshall be done, nor shall any improvements be made on the said Chippewa river under or in pursuance of this act, or the ap- propriation hereby made, which shall directly or indirectly prevent, interfere with or obstruct the free navigation of the said river, as lieretofore, by steamboats or other water craft, or the free use thereof, as heretofore, for the running, floating, guiding or sheering of loose logs, or rafts of lumber or logs, upon or down the same, or which shall directly or indirectly prevent, obstruct or interfere with the use of any slough, arra v.l,no.3— 11 ��� �