Commissioners on Inland Fisheries v. Holyoke Water Power Co.

Gray, J.*

The material facts of this case, as appearing by the report of Mr. Justice Colt, before whom the hearing was had, are few and simple.

The defendants, under the authority conferred upon them by their charter, St. 1859, c. 6, are the owners by purchase of a dam across the Connecticut River, and the locks and canals connected therewith, at Holyoke in this Commonwealth, erected by the Hadley Falls Company in accordance with its charter, St, 1848, c. 222, and kept up ever since, for the purpose of creating and maintaining a water power for manufacturing and mechan.cal purposes. .

The…