The Superior times. [volume] (Superior, Wis.) 1870-1912, 1871-06-17

THE following is the text of the Injunc-
ton in the Canal suit. We give it in tul
to remove misrepresentation in some minds
Regarding the tenor of the process. The
word dyke, it will be seen, does not occnr:
In the Circuit Court of the United States for the Dis
trict OF Minnesota.
The United States of America oersH The CRY of Du.
luth w w. Williams, Il. L. Williams, Richard G.
Coburn, and Ii. W. Wheeler.
The President of the United States of America To the
City of Du,uth w. w. Williams L. T. Wllhams
Richard Coburn aud Il. w. Wheeler, greeting:
Whereas on the oath day of May A. ID. 1871 at 1O
O'clock A. NJ the place of holding the United States
Courts i'll the City of Topeka The United States OF
America bs c. K Davis their attorney for the District
of Minnesota exhibited before the Hon. Samuel +.
miller, Associate Justice of the Supreme Court of the
United States of America and one Of the Judges OF
sad Circuit Court, It's bill OF com plant Ill equity
which was hei III said Circuit Court on the 2nd day
of May A. D. 1871 against said City OF Duluth and
the SAID w. w. Williams, L. +. Williams, Richard q.
Coburn and ii. W. Wheeler, setting forth among other
things that the said defendants about excavae
and engaged in excavating canal from Superior
Bay called Lake Superior the strip of land
called Minnesota Point, oy means whereof the works
constructed by the plaintiff the mouth OF the Saint
Louis RIVER the entrance the harbor orbay of Sur
perior will be materially injured; and applied to said
Judge IN vacation for provisional Injunction as
pray ed i'll said BILL to enlon the def ndants from dig
gng excavatug said canal or any other canal across
SAID point, and reasonable notice of SAID application
having been given said City of Duiutn and SAID
Richard Coburu and SAID Ii. W. Wheeler such
application and the proof and argument OF counsel
well Tor the defendants Tor the complainant having
been had before SAID Judge.
And whereas, 1t by said Judge ordered that a
provisional Injunction prayed for III sad bill be al
lowed that Injunction of the United States
OF America be forthwith issued by the Clerk of the
Circuit OF the United States for the District of Mime
sofa under the seal of sad Court against the SAID City
OF Duluth, its officers agents and and
wants and ali persons acting by Its lueugaJon, author
ty and procurement Otherwise and also against the
SAID other defendants commanding and enJoning them
and every them under the penalty OF the law that
they do forthwith and absolutely desst and abstain
from digging, eXcavatng and constructing or causing
TO be dug, eXcaVated constructed the SAID canal
any canal the SAID Minnesota point which shall
connect the of sau Bay the OF said
Lake until the further orders of SAID Court.
Now therefore, \ ou the said City of Duluth, and
your officers, agents and contractors and servants and
all persons acting by your lnsugatons authority and
procurement otherwise, aud GU the said W. W.
Williams, L. f. Williams Richard q. Goburn and ii.
w. Wheeler, and each and every OF you hereby
enjolnei and commanded under the pains and penal
ties OF the law forthwith and absolutely desist and
abstain from digging, eXcavatlng and constructing or
causing TO be dug eXcavated constructed the said
canal or any canal across the said Minnesota point
which shall connect the waters OF said Bay with the
of said Lake until the furtaer order Of the
Court.
Witness the Hon. Salmon p. Chase Chief
Justice of the Supreme Court of the United
States of America at st. Paul in the District
SEAL OF Minnesota this ninth day of June in the
year OF our Lord one thousand eight hun
dred seventy-one and of independence
ninty-ifth year II. E. MANN, Clerk
c. K. DAVIS, U. S Dist. Atty.