Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1913-04-04
WISCONSIN NEWS
Items Of Interest From MI Parts
Of the State.
BOUNDARY FOLLOWS CHANNEL
Court Decision Affects Real and Per-
sonaI Property Said to Be Worth
Millions.

Real and personal property worth
millions, which commonly has been
considered as located IN Minnesota
and which has been taxed in that
state, is placed in Wisconsin and be-
comes subject to laws Of this state, II
the construction placed at Superior on
a decision just handed down by the
United States circuit court OF appeals
at St, Louis, is sustained by detailed
findings to be embraced in an opinion.
The decision is a reversal Of the de-
cision of Judge Page Morris in the
United States circuit court at Duluth,
Feb. 10, 1912, and involves points at
issue in the boundary dispute between
the two states as to the line in the ST
Louis river at the Twin Ports.
Judge Morris ruled in the case Of
the George w Norton estate against
r. B. Whiteside and others that the
government, because Of it's paramount
jurisdiction over navigable waters had
the right to change the channel OF the
distance from the natural Or original
channel and that the boundary follow
ed the channel, the center OF which
was the dividing line OF properties OF
the two parties in action.
Norton owned the Minnesota bank
Of the river and Whiteside holds the
large island on the. Wisconsin side OF
both of the old and new channels, to-
gether with the property on the WIS
consin side of the old channel, but on
the Minnesota side Of the new. 1t is
the latter which Norton claimed
through ownership Of the Minnesota
bank of the river.
Reverses Judge Morris.
The st. Louis circuit court in its
findings reversed Judge Morris and
remanded the case with instructions
to dismiss so far as Whitesides con-
tention is concerned. His property IS
the only parcel in which the matter or
boundary is involved. His attorney
contended that the dividing line De-
tween the properties is the center OF
the old channel and that as the prop
erty involved is in Wisconsin the Min
nesota district court is without lurls-
hiction. He also ayerred that as the
title to the property was with the de-
PENDANT. before the channel was chang
ed, an act of the government IN NOV
ing the channel could not cancel the
ownership, even though the boundary
followed the channel to the new lOca-
ton.
IF the decision of the lower court
is on the latter point the boundary
dispute is not affected but the general
understanding is that the findings are
based on the main issues in when
event Superior and Wisconsin are CIV
en- much new taxable property.
Large Properties Involved.
Among the properties involved are
o0rtions of the big blast furnaces ana
coal docks of the Zenith Furnace COM
many. Missabe ore docks and coal
docks owned by the Carnegie, Island
Greek and Berwind company. me
shore ends of all these are admittedly
in West Duluth, Mimi. II the court
decision holds, as expected, the other
ends are in Superior.
The state Of Minnesota will not
be greatly affected by the decision
of the United States circuit court
IF anneals because the state has
never been able to tax the property
involved, according to Assistant Al
torney General Stevenson OF Mime
sofa. who believes that Minnesota
should consider the decision victory,
since it upholds the arguments the
state submitted to the Wisconsin boun-
dairy commission in other recent boun-
dary disputes. He said it is unlikely
the state will take hand in matter
to get back taxable property which, it
10 sajd ia given TO Wisconsin by the