The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-02-06
THE OLD STORY FURTHER, AND
HOW IN INJUNCTION BECAME
Il DISTINCTIONS

case, the court held that the com
plainant was entitled to a decree
prostrating the bridge But to nit
igate the apparent hardship Of such
a decree, the court in the exercise
of merciful discretion, granted a
stay Of execution on condition that
the bridge should be raised To a
certain height, or have a draw put
in it which would permit boats to
pass at all stages Of the navigation.
1t is said the law killetl but equi-
ty letteth up-so as to save to each
one what is just and due. But equi-
ty will always follow the law.
Upon the principle OF mercy, we
suppose it was, that Miller, j., on
granting the Injunction III the Canal
case, said "If before the final hear
ing, it shall be made to appear IN
the manner indicated, or in any 9th
er manner satisfactory to the court,
that the canal can be protected by
a breakwater, 50 as to prevent the
too rapid diversion of the water from
the bay, or can in any other manner,
be completed without injury to the
government works, and II the com,
glainants PIT their aoork IN that con
dition, the injunction may be neodt-
fed or diss0toed."
WHAT THE DIXIE MEANT IN THE BE
GINNING.
Quoting from the above, let u
ask what the "manner Indicated
meant. The Member Of Congress
(Mr. Washburn) from the Superior
district, took occasion to send to the
Chief Of Engineers, Gen. Humphrey
sketch showing the proposed Du
luth basin, canal and breakw water-
the basin, as then planned, being ;
long narrow segment, a few hundred
feet in width, of the Superior har
Dor, cut off by a dixie placed acros
the bay in close proximity to |ne
canal-enclosing in point d area
ONLY an incons;1 s;1,laoio PorC'oh VI
,-.oor, but yet an invasion OF
It's ancient privilege, and a fagranr
assault upon the sanctity of its time
honored charter. The plan showed
one or more locks for communication
with the ST. Louis river.
The identical sketch, thus sent, is
well remembered by all, and was
Autographed on the early maps and
plans of Duluth, and was the figure
head of letters, cards and advertise
ments of the business men there,
and SO continued to be until the py-
rotechnic blaze of the Cooke imag-
ination turned their heads.
The Chief wrote to the Secretary
Of War in Sept. 1870, enclosing this
sketch, and added, "Their (the Du
iuth) project contemplates the com
pletion of the basin before the con,
struction of the canal But 1t is ev-
;dent from Gen. w WaShburu's letter
that they are making the cut before
completing the bhlkhead or dam to
inclose the basin IT this be the
case, the prosecution of the work
upon the cut should be Immediately
stopped, because a canal made
across Minnesota Point, allowing
the waters of the river and bay OF
St. Louis to flow freely into Lake
Superior, would prove seriously det-
rimental to the navigable entrance
now being improved by the United
States. | would therefore suggest
that the United States district at
torney for that locality, be instruct
ed by the proper authority to pre-
vent the cutting of the canal until
the basin is inclosed"
The letter was sent in March 1871
to Major Houston, in charge OF Su.
perior Harbor, with the request that
he would report promptly any at
tempt to resume work upon the ca
nal or cut referred to.
This rescript has the edge and
ring Of steel in it, and was worthy
of the War Office in It's most high
and palmy- days. 1t was read on
the application for injunction and
together with the aforementioned
sketch of dixie, was shown to the
court, and was referred to by 1t, as
the measure indicated, for prevent
ing diversion of the river, and lnJu-
~ TO the government works, and
which being carried out might be
submitted at some future time upon