23 Wash. 89 | Wash. | 1900
The opinion of the court was delivered by
The appellant is duly incorporated under the laws of the state of Washington, relative to the incorporation of boom companies (§§ 4378-4394, Bal. Code), for the purpose of improving a part of the Washougal river lying in Skamania and Clarke counties, and driving saw logs and other timber products thereon. For the purposes of this action, while it is questioned by the respondent, it may be conceded that it has complied with the law relative to its incorporation, so as to entitle it to all the rights and privileges that a compliance with such laws confers upon it. In 1898 the respondent placed a large number of saw logs—nearly 2,500,000 feet— in
A corporation, organized for the purposes for which the appellant is incorporated, after having complied with the terms of the statute, is entitled to collect tolls for driving logs and other timber products upon a stream which it has improved, when such driving is done either at the request of the owners of the logs or other timber products, or, without such request, when the logs or other timber products lie in such a position as to obstruct or impede its own drive. Bal. Code, §4391. But this is as
Dunbar, C. J., and Reavis and Anders, JJ., concur.