The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-02-06

OiipuNtHd CObS. Atlu IL W Us h1O w ii
that the whole bay in the season of
navigation was traversed continual
ly by boats and vessels steam and
sail, by loaded scows, RATS of tim
Der, and all the means Of water
transportation And in the season
of ice, the citizens of the country
bad of ccmmona@right always used
the river still as a highway, being
the only direct and convenient way
OF travel between the settlements ot
this region.
All these things and others too
numerous to state here, were before
the Court and should have entered
into its consideration OF the Canal
case. The motion of the United
States was for an interkOcutOry in
junction, and the distinguished tri-
bunal, to which it was addressed,
cannot be supposed to have paid the
matter that serious attention which
is given on a final decision.
On such motions the Judges com.
monty refuse 10 hear and defnitvely ly
decide the great points Of a case.
and the order issues, where the in
jury being imminent, demands res
| traint, forthwith. But the Court was
careful to charge the Canal party,
''put your matters in shape not to IN
jure the government works, and il
it he satisfactory to us, on applica.
ton and notice the injunction may
be modified or dissolved"
Is it possible that the eminent
! jnriSt, who delivered the opinion, to
whom all the facts and the rules and
princi pies Of law we have alluded
10 were familiar, could have contem
I plated in anything he said, the OBJ
| StrdctIons which were afterwards
! placed across the channel Of the riv.
er in successive lines of piles and
sunken cribs of stone, the like OF
which has not been seen since. the
/ blockade Of the southern harbors in
the civil war? The idea that the
Judge meant such things is abomin-
able.
WHAT A BOTTLE OF WINE DID.
What followed after the iniunc
ton? The writ was granted in the
latter part of May 1871. 1t was
towards the middle of June before
the service was made. The order
should have travelled from Topeka
to Lake Superior aud been served
within three days at most after il
was issued
Who kept it back and why
Somebody knows, and let it be told
| SCIENCE EUCHRED. NOT THE SPEAK.
Err S MACE, BUT THE JUDGES BAL
ANCE FALLS UNDER THE SWORD.
On June 6, the city attorney for
Duluth wrote Humphrey that the
]
United States had got an injunction
stopping work on the canal until the
dixie was built, and asked for the
city that the writ be dissolved and
further proceedings stayed upon the
city executing bond in 100000
conditioned that the dixie be com
pleted in a good and sufficient man
ner before Dec. 1st, and be main
tanned in such condition, with locks
for entry and exit of such craft as
navigate the bay. June 7, Duluth
letter is laid before the Secretary of
War Nth Humphreys recommend
alton, that injunction be dissolved
on the proposed conditions, be-
cause if carried out in good faith,
everything desired in asking for the
injunction would be ACCOMPLISHED.
June 7, Same letter sent to Depart
ment of Justice with request thai
district attorney of Minnesota be IN
Structed to consent to withdrawal
of injunction upon the conditions
and plan therein contained, and
June 6th district attorney 50 ordered
through the War Department. Sothe
Secretary of War flung his sword
into the scales, and the law, and the
testimony and the spoken Judgment
of the Court kicked the beam.
Judge Miller said, first make the
dixie from close by the canal to
Rice's Point, according to your
sketch, and then on notice to the
other party, show us the fact and
the injunction question may be
heard Mr. Belknap says, no more
fuss about this thing; withdraw this
injunc ton; no matter about notice
give me a bond for dixie and put