Page:Federal Reporter, 1st Series, Volume 1.djvu/174

166 FEDKBAL EEPOETER. �the policy of the state is once made manifest by legislative acts, it is'not in the province of a court of chancery, by its decrees, to run counter to that policy, and to declare that a nuisance, or the use of that a nuisance, which the law au- thorizes. If there be an abuse of the use of the thing so authorized by law, the law affords a remedy in damages ; and that wojald be the appropriate remedy in this case if the law must,;be resorted to for a remedy. It does not foUow, how- ever, that, because the plaintiii has suffered damages in the passage of his boats by reasonof the defendants' use of their dam, the plaintiff sJould be entitled to recover without any regard to other questions; such as the question whether, under ail circumstances, the defendants have made an un- reasonable use of the water, and how the beneficiai use to the defendants of the water, in the manner charged, com- pared with the inconvenience which it caused to the plaintiff. Those are questions which would clearly be involved in the case, and it would be the province of the jury to determine them from ail the facts and circumstances in evidence. �The logging business, the business of sawing lumber and running rafts, and that of navigation by boats, are ail inter- ests that have grown up together on the Chippewa, as also on some of the other lumbering streams in the north half of the state. They are ail interests which the law recognizes, and they are ail entitled to its protection. They are not and should not be regarded as antagonistic. On the contrary, they are more or less dependent one upon the others; and by a little mutual concession and forbearance, and a just and reasonable spirit on the part of those persons severally devoted to them, they may, undoubtedly, ail fiourish in themselves, and be a help to one another. Such a course in the long run will be found much more advantageous to the public, and to the parties especially concerned, than the engaging in litigation, the effect of which, if succcssful, would be to exterminate or cripple what some are apt to regard as a rival interest. �The demurrer must be sustained, and as the plaintiii does not desire to amend his bill of complaint it will be dismissed with costs. ��� �