FISHERIES, GAME AND FORESTS. 397 



HON. WESLEY BARNES testified that it would be necessary to use the stored waters of the 

 reservoir for the purpose of driving the river below the dam. In November, when he was there 

 examining the river, there was not as much water going through the gates as was flowing through the 

 river in its original condition ; and that if the gates were shut down in the driving season and the 

 dam not full, you could shut off the water necessary to drive the river below. 



MADORE LA MORE, who has charge of the river driving of the Beaver River Lumber 

 Company below the dam, testified that the eflfect of the dam is to hold the water back so as to interfere 

 with the log driving below ; that they have upon some occasions had the water of the reservoir to 

 drive with, but that they had not had it just when they wanted it; that witness at one time said to 

 Mr. Basselin, we ought to have that water from the State, and Basselin replied, he had tried but 

 could not get it. The eflfect of the dam is shown by the following abstract from his cross-examination : 



Q. Why didn't you go in a boat? — A. Couldn't do it. 



Q. Couldn't do it?— A. No, sir. 



Q. Why couldn't you do it ? — A. Because there wasn't water enough. 



Q. Wasn't enough water in the stream ? -A. No, sir. 



Q. There is enough water above Stillwater to navigate a boat ; why isn't there below ? — A. I 

 should think that the dam would hold it when they shut the gates down. 



Q. Then if the gates were shut the river was dry ? — .A. It was pretty near dry when we were up 

 there. 



It is obvious that placing a dam across a stream of water so as to hold back the water over an area 

 of 3,000 acres and upwards, would seriously interfere with the flow of water below the dam. 



{/>.) The dam at Stillwater not necessary for driving logs below the dam. 



It was at one time suggested by the State that the dam at Stillwater was necessary for log driving. 

 The apparent theory was that with the river in its original condition, because of the time that it 

 would take to get a quantity of logs down over that portion of the Beaver River on claimant's land, 

 that the driving season would be past; and that the dam would therefore be necessary to obtain 

 additional water to finish driving the logs. 



Even assuming that the learned Attorney-General is correct as to this theory of log driving, and 

 that additional water would be necessary to complete the drive, a glance at the map will show that 

 such additional water could be supplied from other points than Stillwater, and not interfere with 

 lumbering as docs the Stillwater dam. 



If additional water was necessary the dam or dams with which to obtain the same could be placed 

 upon any of the tributaries on claimant's land, either upon the Red Horse Chain or South Branch. 

 Such dams would be under the control of the land owner and not under the control of the State, and 

 could be used by the log driver when and as it became necessary to do so, and it would not be 

 necessary to take the logs through a large reservoir. 



The ease with which any additional water could be supplied from reservoirs upon claimant's land 

 became so apparent that the learned Attorney-General pursued this line of investigation only briefly, 

 as follows : 



JAMES COSGROVE testified, upon cross-examinatibn : 



Q. Well, if the river was in its natural condition, wouldn't it be necessary to have a dam at Still- 

 water to drive it below? — A. I shouldn't think so. 



Q. Wouldn't need any dam from the time you left Lake Lila until you got where ? — A. Suppose 

 a man was going to lumber it; they would build their dam in these tributaries, and then you could 

 hold the water to use to furnish the river. 



Q. Then you would have to have a dam on South Branch ? — A. Yes, sir. 



Q. Or Twitchell Creek ?— A. Yes, sir. 



Q. Or Red Horse Chain? — A. Yes, or both. 



There are places upon the tributaries of the Beaver River for the purpose of building such dams. 



(22.) Access to a portion of claimanVs property cut off by the reservoir. 



The width of the river was originally 50 feet. The average width of. the reservoir is 1,150 feet. 

 (Minutes of testimony of David C. Wood.) 



