The Superior times. [volume] (Superior, Wis.) 1870-1912, 1874-02-14

ana had the same printed, ready to
meet the case on the first Monday
OF February, 1878, and expected to
personally attend to the same.
This was, in short, the condition
OF the case, when Mr., Orton receiv-
ed from Mr.. Totten, letter as fol-
lows:
Washington, D. c., Dec. II, 1872.
/ Hon. II. s. 0rton, Madison, Wis:
The General Solicitor of the Northern Pa
cific Railway Co. has called upon me and dis
claims all interest in the Duluth suit, and
offers to submit to a decree pro contesSo, if
We will stipulate that they shall not be fur
ther troubled or put to any costs, and that
they will sign a stipulation to this effect
They say they hired their engines, etc, to
Duluth as they would to ANYBODY else. |
presume we had better take and file the stip-
ulaton. Very truly, EN0CH TOTTEN
On receipt Of this letter, Mr. Or
ton telegraphed to Totten not to
sign ony Stipulati0nS tohoteUer, but
to look for letter; and Gov. Wash
burn also teIegraphed TO the same
effect; and Orton at once Dispatch
ed by mail the following letter to
Mr.. Totten, which speaks for itself:
Madison, Dec %, 1872
Enoch Totten, Esq:
Deay' Sir: Yours of the 18th is at hand
suppose that some step will be taken by the
defendants, on the return day Of the subpe-
mas, either by demurrer or by motion, raising
the question Of jurisdiction on the suficency
of the bill.
l.,
the bill generally, | am preparing a very full
brief and when printed will send you copies
Perhaps you may be notified in advance what
steps the defendants intend to take so as to
advise me whether it will be necessary for
my presence in Washington on the return
day, or when? If not otherwise informed |
shall be there on that day.
The Governor and the people of Wiscou-
sin, take great interest in this proceeding,
and well they may: for the State is outraged
in her rights, and sovereignty, and her com
mercial interests are injured and treated with
contempt, and our proceedings fer relief so
far, have been attended with a strange and
fatal want of success.
/ am satisfied that our present bill will be
effectual to remove this obstruction, II ue
co1 hoid the Northern Pncifc Railroad Com
pany until judgment Of Abatement
| am not surprised that that company
should desire to dsclaim and be absolved
from liability. The truth is, that said com
pany, with all its power of money and infu
ence, has caused the mischief we complain
of, and have so far been able 10 thwart all Of
our efforts, in court and otherwise, to obtain
redress
That company has planned, advised, coun-
sclcd a5ld directly aided in the works by
which this State is cut Off from an important
portion of her navigation Of he St. Louis
river and the Bay of Superior, and from con
necti0n with railroads west; having the ef
feet to ruin Superior City and her harbor,
and to greatly impair the advantages of the
commerce of the people of Wisconsin.
That company are responsible for the whole
trouble, from first to last. Without her aid,
there would have been no Duluth, no canal,
no dyke and no Entertainments upon our
State. The remedy we ask is to have that
dyke removed. 1t is heavy and permanent
work, and viii cost large sam TO remove it,:
bit renocod 1t must be, ana the Northern Pa
ciic Railroad Company is the only arty
really able 10 reUloCe It.
If that company will stipulate for Judgment
both for injunction and the abatoUse5t OF the
nuisance, II is all T7ght bit nothing else ,ciH do.
On the whole, no stiPulatioa whatever
should be made
SGphatlonS and outside interference, and
military InJeryentions, have been the trouble
so far, in our past litigation; indeed, this
very dyke was produced by false and fraud
ulent construction Of "a stipulation, mode by
the law and military departments OF the Uni
ted States, with these defendants in a former
suit without consulting the State Of WiscOn-
sin or her attorneys at all. That miserable
abortion OF a town called Dllutt, and the
man Sidney Luce, its mayor, are Of very lit
tie account i'll this litigation. They are the
creatures Of the Northern Pacific Railroad
Company, and the mere instruments used to
construct and make permanent the obstruc-
ton they complain Of for the benefit of that
monopolizing company.
Tie facts We charge in our bill are unques-
tionable, and Wisconsin is ready to meet the
issue; and if that railroad company wishes to
be released or absolved, it must do so by ap-
plication to the court Yours truly
H. 5. ORION.
In reply to this letter, Mr.. Orton
received a letter from Mr.. Totten,
under date Of January +, 1878, in
which he says:
I have notified the solicitor of
the Northern Pacific Railroad Com
pany that we would make no stipu-
lation with them in the case"
About this time, or soon after,
Governor Washburn was invited to
Washington by Jay Cooke and Mr..
Cass, the President OF the company,
to consult in relation to a compro-
mise, ard since then the solicitors
for the complainant, the State Of
Wisconsin, IN the bill in chancery,
have done nothing.