Page:Federal Reporter, 1st Series, Volume 3.djvu/555

 S.48 FEDERAL REPORTER. v �that purpose somethingin the nature of pleadings was neces- sary. Inasmuch as the statute did not fix the time within ■which such pleadings should be filed, it was the duty of the court, upon the applica.tioii of the parties, to fix a time, and, having done so, the cause was not triable untxl issue could be joined in pursuanoe of the court's order.and that was after the October term, and Justin time for the May term. �3.. There appears in the record a bond conditioned as required by the removal act, and approved by the state court. This court will not, upon a motion tp remand, enter upon any inquiry as to the sufSeienoy of the sureties on said bond. That was a question for the state court. �The motion to remand is overruled. ���United States v. The Mississippi & Edm Eiveb Boou Co. �and others. �{Gireuit Gov/rt, D. Minnesota. , 1880.) �1. Mississippi River— Logs — Injubies. — The use of the Mississippi river �as a higUway to run logs down to marliet is a right common to ail, but there is no immunity to individuals for injuries committed while nsing such right. �2. Bame — Fabls of 8t. Anthony — Public Impeovements, — An act �authorizing the construction of an apron of planked timber over the crest of the falls of St. Anthony, in the Mississippi river, under the direction of the secretary of war, to protect the rock and prevent the washing away of the underlylng soft sand-stone, is within the consti- tutional jurisdiction of congress. �8. Kavigablb River — Pdbuc Impbovbmbnts— Injuries — Injunction. Where a right common to ail is abused, or so used as to cause dam- age, the injured party must seek redress by an action at law; but where congress has assumed jurisdiction of a river in the interest of com- merce, the equitable arm of the court can furnish relief against any threatened injury to any improvements made under its authority. �Application by plaintifi for preliminary injunction. William W. Billson, U. S. Dist. Att'y, for United States. William Lochren and James Smith, Jr,, for defendants. ����