The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-03-21

islature, and should control any opinion or
decision other than judicial upon the facts of
! the ease.
Your committee further report that section
l OF said chapter 20 authorizes aud directs
the governor TO take measures for the pre-
ventiou Of such injury to said harbor and en-
try and for the removal Of said dyke, and for
preventing any diversion Of the current OF
said river from It's natural outlet, etc, and
for these purposes the governor may cause
suits to be INSTITUTED, : $ and
NAV take any other means or measures that
may be in his opinion proper, to effect the
ends contemplated 6y this act.
The language Cf this section is so plain
that iJ would seem to preclude all possibility
/ OF mstaking its intent. But one object Is
contemplated viz: the restoration and pres
ervati0n OF the harbOr OF Superior. No dis
cretion is conferred touching the object of
the enactment. Discretion is limited to the
means or measures for effecting the objects
fnU views or me r5f-taJuTe, TUgarufng the
Importance Of the interests involved are un-
mistakably indicated in section two, by the
magnitude of the appropriation for defrayng
the expenses Of carrying ont the provisions OF
section one, to-wit, $4,000.
So great an appropriation would scarcely
be made for purpose of inferior or merely
local Importance.
Your committee therefore conclude that
the legislature, when it made chapter 100,
/ laws of 1872, law of the state, appreciated
! the Importance Of the harbor of Superior to
the state, and contemplated an earnest, con
tinuous and unremitting effort to restore and
i preserve that harbor to the state, and did
not take into consideration any delay or
abandonment in proceedings to secure that
/ end.
! Your committee regard said chapter 120,
! laws of 1872, as mandatory in its character.
/ No testimony has been produced to your
committee tending to show that any Of the
conditions existing at the date of the enact
ment of chapter l20 have changed favorabIy
TO the state since such enactment on the
contrary it has been made clearly to appear
not only that the injuries and aggrcssions de
clared in the preamble continue unchanged
Except as the lapse of time has enlarged
their degree or intensity but that a further
/ serious INJURY in the abrasion and removal o.
I the substance of Minnesota Point, caused by
/ the diversion Of the current Of the St Louis
/ is manifest, threatening the speedy destrue-
/ zion Of that poinl, and exposure Of the har-
Dor Of Superior to the full force Of the waves,
while il is admitted that the action com
meuced in the Supreme Court OF the United
States, for the purpose of removing the dixie
and with intention to prevent the di er~jon
( Of the current of the st. Louis has been as
missed.
Your committee therefore, feel constrain-
! ed to report cha. the disc0utinuance and dis
missal Of the action commenced bv this state
! In the Supreme Court of the United States.
/ to secure the removal of the dyke and to
! prevent diversion Of the current of the st.
/ Louis is not only without authority Of law,
and in contruvention Of the provisions of
/ chapter l2O, general laws Of 1872, but ex-
I tremely injudicious, and calculated to weak
en- the claim Of this state to have the harbor
/ Of Superior restored, and preserved in its
natural condition; and
/ Your committee earnestly deprecate any
action on the part Of this legislature which
may BE construed as an endorsement Of the
compromise G or settlement which resulted in
the dismissal Of tba. action, lest such endorse
menE he Interpreted as an acqujescence in
the canal and dyke. and congress thereby IN
/ tnced to adopt those works as part of the
SO called uaF0gr Improvement system Of the
federal government
J Ii view al .ae unanimous adoption If IT,
Res. 10 29, s.. your committee cporc that
no legislation is at present necessary Il. carry
out the object, for which chapters I@3 and
( l20 were enacted. an Of which IS respect.
/ fully submitted. Z. II. WEST, Chrm'n.
Join. Resolution No. %, 5. which
in the opinion of the Committee OBJ
viates the necessity OF present le2is-
lation, is as follows:
JOINT RESOLUTION NO. % 5. INTRODUCED BY
SENATOR BARRON, UNANIMOUSLY ADorrED by
BOTH HOUSES
Whereas, It has become apparent that the
( lIarbOr OF Superior is constantly receiving
injury and is likely to be destroyed by reason
Of the diversion of tie current Of the ST.
/ Louis river from its natural outlet, through a
canal six miles distant, and
Whereas, dyke which was constructed
across the Bay Of Superior for the avowed
/ purpose of preventing such diversion of~the
current Of the st, Louis, is Of no effect to
ward preventing such diversion. and Il
Whereas, Both canal ana dyke are works
begun and continued without authority Of
/ law, and are injurious TO the interest and
subversive Of sovereign franchises of WiScon-
sin, and are maintained solely In the peculiar
\ interest of Minnesota,
Resolved, That she Governor be and he IS
/ hereby respectfully requested to adopt and
vigorously prosecute measures to avert fur
! Jber injury to the HaIbor of Superior from
. this cause, and to restore said harbor as far
as possible to It's normal condition, making
J use for such objects Of so much Of the unex-
pended balance in his hands OF appropria-
/ tions heretofore devoted to those objects, ais
( may be necessary.
It these proceedings do not fully
{ vindicate our position with refer
renee to that compromise, we fail to
appreciate their effect And our
readers may rest assured that these
/ proceedings will be supplemented
/ by vigorous measures on the part Of
the executive officers Of the State,
to restore our beautiful harbor to It's
pristine condition.
I -4 ~--
THE WISCONSIN CENTRAL IN
/ CoNGREss.-A letter from Wash
. i.