The Superior times. [volume] (Superior, Wis.) 1870-1912, 1876-01-06
The Canal Question.

Az "oulu OC WlSC DIT llilS LltuS W
inform our readers of the statsss of
the suit of the State of Wisconsin
vs.. The City of Duluth and the
Northern Pacific Railroad Company,
which was instituted in behalf OF
Superior City,,in the U. S. Supreme
Court, to close up our canal and in
jure the commerce of the State of
Minnesota.
In our issue of Nov. 6, we an
nouaced that the Court had given
the City of Duluth permission to
answer the complaint of the State
Of Wisconsin, after the Court had
diaposed OF the demurrer interpo<ed
by the City, and had ordered iudg-
mnet pro co,tesso against the n orth-
ern Pacific Railroad Company,
for want of an answer by that cor
poration and that commission
had been ordered for both parties
to take testimony in the case.
Since which time, in November, We
bel eve, the Northern Pacific Rail
road Company made motion in
the Supreme Court, that the julg-
ment against them beset aside, as no
summons had been served upon
them and that the case might be
opened that they might make and
file an answer therein; having, as
they believed, meritoriuus defence
to the action
Til" Court Oh hearing the motion,
(which was brought up at an irre9-
ular time not being motion day,
and not strictly in order,) readily
and instantly granted it; ordering
the Judgment TO be vacated and set
aside, and the Company granted a
reasonable time to file their answer
/ At present no information has
reached Duluth, as to what the spe-
cal answer of the Northern Pacific
Railroad Company will be; but 1T is
10 he inferred that the two answers
will not materially differ from each
other; and that no general delay will
be caused by the lateness of the
Issues to be formed by the Railroad
Company and the State of Wiscon-
| SIN. "t' /.
SO faras the City of Duluth is con-
cerned the issues in the case are al
ready formed, and we suppose tina
The ct unset upon the part of tLo
City, viz: Hon. H N.'Setzer," bf'Du-
luth {who Will be assisted by..sope
eminent counsel of tie United
States Supreme Court,) will attend
to the interests of. the City. Mr..
Se,zer has already commenced the
work of preparing evidence, al
though, OF course, what is being
done is not visible to those not inn
mediate y concernt d.
But on the olher hand, we already
witness the coming laborS of our ad
versary, the State OF Wisconsin, as
she commenced her herculean task
OF closing the cana, with the assist
ance of the towering strength of the
brains of those Superior phlloso-
piers, who so gladly welcomed and
escorted Hon. VIM. Welch, of
Madison, Wis, one Of the attor-
neys for the State of Wisconsin, to
the mansion of Hon. Thomas Shels,
Ill. d., at Superior City, on
Thursday Of last week, for gem
esal consultation with "the head
and front Of our offending" the
Hon. Geo. w. Perry, and some
other celebrities of lesser note, resi-
dents of Superior.
We learn that the result Of the
cohfab was, the evidence must be
forthcoming Of ponderous char
actel, and that Hon. G. w. Perry,
the principal swearest in the case,
was clothed with ample authority to
swear, and that as his swear was to
be a Tremendous swear, he had un-
til the opening of navigation allowed
him to get ready, when with a vol
ume equal to the rushing of the
waters of the St. Louis and the Ne
madji Rivers combined, he is to
food his deposition with the depth
of the great Kentucky cave, the
breadth of Lake Superior, the
weight of Niagara Falls, and the