Page:Federal Reporter, 1st Series, Volume 3.djvu/559

 552 FEDERAL BBPOBTEB. �will be restrained, at least, until a final hearing, when ail the facts will be before the court, and the rights of ail parties be fully considered and adjusted. �It is true that ordinarily, -where a right common to ail ia abused, or so used as to cause damage, the injured party must seek redress by an action at law; but where congresa has assumed jurisdiction of a river in the interest of com- merce, I think it not doubtful that the equitable arm of the court oan furnisb relief against any threatened injury to any improvements made under its authority. It would undoubtedly be proper, and perhaps advisable, for the government to ex- tend its improvements in aid of this branch of commerce, and adopt a more perfect system by erecting suitable structures to obviate ail difficulties in the way of a free and unrestricted water carriage of logs at this point ; but that a more compre- hensive system has not been adopted, is no answer to the claim that improvements already made should be protected. �Unless the boom company, or the owners of logs,. provide means to prevent their passage over the apron when let loose, or guide them in the sluice-way, if they are designed to be transported below the falls, an injunetion will issue, and it ia Bo ordered. See Blackbird Marsh Co. 2 Pet. 245 ; Gilman v. Philadelphia, 3 Wall. 713; United States v. Dnhith, 1 Dillon 469, and authorities; Pound v. Turck, 95 U. S. 459; Hecrman \. JBeef Slough Mamtf'g Co. 1 Fed. Eep. 145. ���Barnasd and others v. Habt and others. �(Cireuit Court, D. Massachuseit». August 14, 1880.) �WBrr OF Entrt — Mesne Profits. — Where judgment has been recov- ered under a writ of entry, the demandants are entitled to mesne prof- its from the date of the tcnant's entry, where it had been expressly stipulated that the transfer of the property should not prejudice or impair the right of the demandants in and to the title and possession of the property, and the tenants claimed title adrerse to the demanda «nts from the date of their entry. ����