East Hoquiam Boom & Logging Co. v. Neeson

Citations

• 20 Wash. 142
• 54 P. 1001
• 1898 Wash. LEXIS 485

Syllabus

<p>BOOM COMPANIES—IMPROVEMENT OP NON-FLOATABLE STREAM — LIEN UPON LOGS HANDLED—CONSTITUTIONALITY.</p> <p>A stream which can be made navigable or floatable by artificial means only is not a public highway.</p> <p>The state possesses the right, in the absence of congressional interference or control, to promote by artificial means the navigability or floatability of streams within its borders, and thereby render them more useful and beneficial to the public; and, in consideration of the expense incurred by boom companies in making such improvements, it is competent for the legislature to authorize them to charge reasonable compensation by way of tolls.</p> <p>Laws 1895, p. 130, § 5 (Bal. Code, § 4391), authorizing boom companies to sluice, sack and drive all logs and timber products placed in the bed of any river improved by them for such purpose, upon reguest of owners, or without such reguest, in case of logs lying in such position as to obstruct or impede the drive, and authorizing the collection of a reasonable toll therefor and giving a lien upon the logs so handled, is constitutional.</p>