392 



REPORT OF THE COMMISSIONERS OF 



GEORGE T. CRAWFORD testified that it would be necessary, in the first place, to cut a channel 

 through the trees that had tipped over, which could not be otherwise than to cost a large sum of 

 money, so that it would be impracticable to do it. 



JOHN McFARLAND testified that a channel ought to be cut about two or three hundred feet 

 wide — cut right down close to the ground. 



HON. WESLEY BARNES testified that it would be necessary to clean out a channel about 

 250 feet wide in the reservoir, and that it would be necessary to draw down the water to clean the 

 channel. 



JAMES COSGROVE testified that it would be necessary to draw the >vater down, then clean a 

 channel and burn the debris. 



It is manifestly apparent to any one from an inspection that in order to take logs down the 

 reservoir it is necessary to clean up a channel. 



(10.) Logs will not float down even when a channel is cut for them, because there is no current in 

 the reservoir. 



An inspection of the reservoir will show that there is not sufficient current, even if a channel is 

 cut out. A brief abstract of the evidence upon this subject will, however, be made. 



GEORGE T. CRAWFORD testified that it would not be drivable ; that there is no current. 



HON. M. W. VAN AMBER testified that the reservoir could not be driven if it was cleaned off; 

 that there is so little current, and that the prevailing winds are of such a character as to drive 

 the logs back. 



JOHN McFARLAND testified that, with the reservoir cleared off, there would not be sufficient 

 current to drive logs, and that the prevailing west winds would drive the logs back. 



This portion of the river was drivable in its original condition. 



The learned and ingenious Attorney-General, seeing the manifest difficulty in driving or floating 

 logs down over the reservoir, even when cleared up, was forced to try a new expedient. So he pro- 

 pounded the theory that slash boards might be put on the dam at Stillwater, and dams built at 

 Ne-ha-sa-ne Lake and Lake Lila, and by opening these dams and taking off the slash boards of the 

 dam at Stillwater that a current could be created in the reservoir sufficient to take the logs down. 



(11.) Impossible to produce artificial currents in reset voir sufficiently strong to take down the logs. 

 Not only does this plan of the Attorney-General produce a new flooded area, hut it is impracticable. 



JOHN McFARLAND testified on cross-examination : Q. Suppose you let the water out of the 

 mouth of the Stillwater dam and Lake Lila, and the rest of the lakes here, let the water in one end 

 and out the other, why won't you make a current ? — A. You make a current, but you have got too 

 much water to make much current ; it would be in the natural stream; you wouldn't get much flow. 



JAMES COSGROVE testified that the only way of making a current in the reservoir sufficient to 

 drive logs would be to draw down the water in the dam until the river had reached its usual height 

 in driving water, which would be equal to no dam at all. 



The utter impossibility of creating a current in this immense reservoir is so apparent that such 

 line of investigation was soon dropped by the learned Attorney-General, and the case was tried upon 

 the apparent theory that the only way to lumber, after fixing over the dam and clearing up the 

 reservoir, was to tow the logs down. 



(12.) Towing — Difficulties in the way of towing. 



Even assuming that the dam had been fixed over, and the reservoir cleared out, there would not 

 be sufficient depth in the reservoir for the purpose of towing, except on the lower end. The testimony 

 upon this subject is clear and convincing: 



WILLIAM McECHRON testified that in order to tow it is necessary to have a deep body of 

 water ; that in a shallow body of water the expense of towing would be materially increased ; that a 

 towing boat, in order to do good business, must have a good deal of water ; get the wheel down 

 where she can get strength. You can't have a strong towing boat with a light draught of water. 



JAMES COSGROVE testified that in order to tow, it is necessary to have headworks and a windlass 

 which is anchored ; and anywhere from 600 to 1,000 feet of line run out, and a horse put upon the 

 headworks turning the windlass, thereby drawing the logs down. Whether the bottom of the reservoir 



