Page:Federal Reporter, 1st Series, Volume 1.djvu/154

146 FEDERAL REPORTER �The allegations of the bill are quite voluminous, a great many facts being alleged which go to show that the improve- ments placed in the Chippewa river by the defendants, and the running of loose logs therein by them, materially inter- fere with the running of rafts of lumber, the running of ferry boats across the stream which carry the United States mail, and also with improvements of the river which are being made and in contemplation of being made by the government of the United States, as well as with argicultural and manu- facturing interests of the people along the river. But as the plaintiff does not connect himself in any way with any of these several interests, or show that the alleged obstruction to these interests especially affect him, it would seem that these allegations, which take up so mueh room in the bill, are surplusage and quite immaterial to the plaintiff's case. �The allegations which are essential to a proper understand- ing of the case are in substance as follows : �That the Chippewa river, for 100 miles above its mouth, is a navigable highway and water of the United States, leading into the Mississippi river, and an avenue of commerce be- tween the state of Wisconsin and other states of the Union, for conveying, by ascending navigation, the products of other states and countries, with boats and barges, and for convey- ing the products of this state, by descending navigation, with boats, rafts, etc., to markets outside of the state; and that the said river has been so used for the past 30 years, and bas been reeognized by the Congress of the United States as a pub- lic highway and navigable stream. �That appropriations were made by Congress in 1874 and 1875, for the purpose of making examinations and survey of the stream. That such surveys were made and approved by the United States, and public improvements on the river have been begun. �That the plaintiff for twelve years has been engaged in steamboating on said river between its mouth and the city of Eau Claire, at the head of navigation. �That the defendant, the Beef Slough Manufacturing, Boom- ing, Log Driving and Transportation Company, is a joint ��� �