Page:Federal Reporter, 1st Series, Volume 3.djvu/557

 550 rEDEBA.Ii BEFOBTKB. �booms, but bas no control of the logs for the distance of one- eightb of a mile above the sluice-way. �AU logs, or nearly so, turned out of the boom, uniess guided to the sluice-way, go over the apron, injuring it as stated. The proper officer of the government bas authorized this suit, at the request of the engineers in charge, and bas made the boom company, John S. Prince, and Horatio Houl. ton parties defendant. The last named are owners of logs in the boom, who, it is alleged in the Mil, bave requested the boom company to turn their logs loose, and take no steps to guide them to the sluice-way, but permit them to pass over the apron, to the serious injury of the work. A motion is made, on bill of complaint and affidavit, for an injunction. The boom company presents an answer admitting in part the allegations of the bill, but denies that the passage of logs, in the present stage of water, would injure the government Works, and charges that the sluice-way is not built through the Works, and is not suitable or sufficient for any practical use as at present constructed. John S. Prince, one of tha defendants, also admit s most of these allegations by an affidavit read, and charges, inter alla, that the appropriations were made, used, and expended to preserve the water-power at the falls owned by private parties, and for their benefit ; and that the averments in the bill that the works constructed by the United States are for the improvement of the naviga- tion of the Mississippi river, or tend to protect or preserve the same, are untrue; and that the government works are an obstruction to the free navigation of the river. He also states that the sluice-way is inadequate, and not sufficient for the purpose designed. �Such are, in substance, the matters set up by the defendants in opposition to the relief asked for. �The Mississippi river, for a long distance above tha falls of St. Anthony, is chiefly valuable as an outlet to market for logs and lumber. This branch of commerce bas been devel- oped and fostered by the state of Minnesota, and is a source of great wealth. The use of the river as a highway for such ����