The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-05-13
THAT CAN al.
UNITED STATES rs. DULUTH

On Tuesday last, Hon. c. K Davis, U.
S. Attorney for the District of Minnesota,
came before Judge Nelson Of the I. :.
district Court at his chambers In st. Paul,
to move for Il temporary injunction in the
suit which the United States is prosecuting
against the City of Duluth and Others, to
restrain the excavation of a canal through
Minnesota Point Mr. MaStersom appeared
for the defendants, and suggested prelimI
narily that as the suit was very important
one in which municipal corporation was
a defendant, whose officers had been only
two or three days before served with a no.
tice of the motion, the hearing should be
postponed to afford the defence further op-
portunity for preparing counter affidavits.
Mr. NJ also volunteered to state, rather
impertinently, that suit brought by Mr..
Stuntz, and involving the same issues, had
already been decided on its merits, in the
State Court Of Minnesota, adversely to the
plaintiff therein, and that the case in which
this motion was made, was brought sub
stantialIy to vindicate the same or similar
private interests. That for that purpose,
the United States had "loaned its name
(very property" as a party lltigant, for the
brhoof of the individuals really concerned.
Under the circumstances, this indulgent
approval Of our common Uncle Sans good
nature in thus cleaning his name," speaks
volumes for the amiability of the learned
counsel, and would compel our distinguish
ed admiration, were we sure Of the good
effects of such loose administrative meth
DDS on the part Of the government, and of
such easy leniency in regard thereto, on the
part of the citizen.
But with the misgivings we have on that
score, and impressed, as in our simplicity
action as the loan of the governments
name, for purely private uses, we are so
unhappy as to differ with the defendants
counsel in two particulars. First, we do
not believe that the United States, has in
this instance, in any sense, "loaned" its
name; there being pressing occasion for
its prompt aud voluntary interpositon in
defence of its own prerogatlves. Second
ly had the government, in tact placed its
name and instrumentaitles at the disposal
of citizen for the turtherance only of his
personal aims, we copld not help regarding
such action on its part fagrantly inn
proper.
The Judge not being able to decide up
on the necessity for a postponement, with
out knowing more of the case, at his re-
quest he District Attorney read the COM
plant in the action, aud also the affidavits
made III support OF the motion. When
/ this reading was finished his honor remark
ed in substance, that there was an in>ur-
mountable objection to his listening to the
motion. since if the affidavits which had
been read were true, he a> an owner of
property in Superior, would be seriously y
Damaged, by the construction of the canal
in question, and that it would be obviously
for his interest 10 have the work eniolned
and that while, if he were obi .ed to en-
tertain the motion, he would endeavor to dis
pose u il unbiased by such considerations,
vet he felt he could not afford. to rest under
the impulations, which MS relations to the