The Superior times. [volume] (Superior, Wis.) 1870-1912, 1875-01-16

PIR ABROAD CHARTER DECL4R
ED INVALID
In the case of Ames vs.. the L. S.
d NJ r. r Co. lately decided by
the Supreme Court Of Minnesota, it
is held that the charter of the Com
pany is unconstitutional and invalid.
The action was brought to restrain
the Company from taking for rail
road purposes certain lots of the
Plaintiff, situate in the City Of St.
Paul. The prayer for injunction
was granted.
The decision Of the Court is very
elaborate and able, and the reason
ing appears unanswerable. Such is
the importance OF the case however,
that the Court invites re-argument,
if the Company wishes, and event
ually no doubt, the questions involv-
ed will be brought for determination
before the Supreme Court Of the
United States.
The history is briefly, that in 1857,
by an act of the territorial legi~la-
ture of Minnesota, Arson Blake, Ed
ward Martindale, Era,tus Corning
and twenty-five others, their asSo-
ciates, successors and assigns, were
incorporated by the name Of the
Nebraska & Lake Superior Railroad
Company, To locate, construct an
operate railroad with one or more
tracks, to commence ut some CON
venient point at the west end of
Lake Superior, or on Superior or St
Louis bays in said Territory, and
running thence westerly within said
Territory via SAeyenne city to the
Nebraska line, with a branch from
some point east Of the Mississippi,
to the Wisconsin state line at Tay-
lor's Falls.
The corporation appointed two of
their number, Blake and MrrtindaIe,
committee to oprocure subscriptions
to the capital stock, which was fix
ed At ten millions of dollars, to be
divided into shares Of 500 each.
In October 1857, the following
circular was issued:
The Government of the United States
having, by a wise and liberal policy, caused
a Ship Canal to be built at the Sault St
Mary. by which Lake Superior has been con
necged with Huron, Michigan and Erie, by IA
free navigation for all vessels; and whereas
Lake Superior. the largest body of fresh wa
ter in the known world, extends nearly three
hundred miles farther westward than any OF
the above mentioned lakes, and Is backed by
country Of great fertility, and in extent
equal to the average of twenty States; which
must ship All their surplus products and re,
ceive all their foreign goods over said Lake;
and considering the inexhaustible beds Of
iron ore living along it, shores unused. ai-
though Of the best quality for iron rails, and
all kinds of machinery, mill work and domes-
tic articles, which are now brought from the
East in great quantities. and al great expense
OF uansportatIou all which, taken in con
nection with the want Of means for inland
travel and transportation, has led number
of persons 90 embark IN AN enterprise which
thev believe best calculated to develope the
resources OF the lake country, and at the
same time open mp to settlement the whole
reg IA ol country westa ard TO the Rocky
VI uugajus.
Il doing this, it is intended 50 to lay the
route of the road as to form the most direct
route 10 the South Pass. through the Rocky
Mountains, TO Utah and California.
IN view Of these local as we'll as national
considerations, we present the books OF the
NEBRASKA AND LAKE SUPERIOR RAILROAD
Company" for your liberal subscriptions as
stockholders assuring YOU, and all others
who may Join us in this enterprise, that it
will be pursued with a steady aim; to accom-
phsh the greatest possible amount of public
and private good By order of the Iucor-
porators, ANSOT BLAKE,
EDWARD MARTINDALE,
New York, Oct. Sth, 1857. Committee.
On the 22nd Oct. books for sub
serptiou to stock of the Company
were opened at No. 3ot West Sec
ond Street, Superior, and the form
ofrcceipt prepared as follows:
Nebraska & Lake Superior R. R Company.
ksc-sPI son FIasr lNs1ALLNENT ~ SrgCK.
Received f Alb
tFiftyl I.az-, being the First lostalmeut Of 1--WE
pr d IN ltenl Sha-es Of Stock, il the
sE8ae>sA LAKE. supaRg h r. R. CeNP,Sr, standing
on tie B9oas u sud Company II MS name.
...-.. c. D. e.. Aushariz 3 Agent.
Aason Blake was resident Of the
Cry OF Brooklyu-a man Of seventy
years, white haired, gaunt, tremu-
loas, nevertheless bringing great en-
ergy and nerve to this Nebraska
railroad enterprise, of which he was
che foremost leader.
From the circular it is seen that
ne combined the idea of the North
ern, Central and Canadian Pacific
routes, his proposed line, starting
from the west end Of Lake Superior
and striking Sheyenne on the Red
river, thence to the South Pass, and
ou - Utah and California.