Year: 1878

Decision.


The State of Wisconsin. com
plainant, VS.. the City Of Duluth and
the Northern Pacific Railroad Com
pany.


Bill in equity.


Mr.. Justice Miller delivered the
opinion of the court.


This is bill In chancery filed in
in this court by the State of Wis
consin, by virtue of the constitutions
al provision which confers upon the
court jurisdiction of suits between
state and citizens of other States.
To the bill as originally brought,
the city of Duluth, as corporation
of the State of Minnesota and, there
fore, a citizen of that state and the
Northern Pacific Railroad Company,
a corporation organized under an
act of Congress, were made defend
ants. Whether the jurisdiction of
the court could have been sustained
in regard to the latter corporation
it is not necessary to inquire, for
the plaintiff, before the final hearing,
dismissed the bill as to the railroad
company, and we are now, after
answer, replication, and large
amount Of evidence, to render our
decree as between the State of
Wisconsin and the City of Duluth.


This city is situated on the north
ern shore cf Lake Superior, near its
western extremity, and about seven
or eight miles southeast of it, on the
Wisconsin shore, is Superior City.
A narrow strip of land varying from
three to eight hundred feet in width
projects itself from the shore at Du-
luth into the waters of the lake about
seven miles, terminating just op-
posite Superior City, and opposite
another point coming from the Wis
consin shore. The strip of land first
mentioned is part of the State OF
Minnesota, and is called Minnesota
Point. West of Minnesota point is
a body of water lying parallel to it,
and averaging a mile and half or
two miles in width, called Superior
bay; and still west of that a smaller
body called ST. Louis bay. Into
this latter empties the St. Louis
river, draining large area Of coun-
try west of the lake and dischargiug
the water thus collected into tie
lake.


St. Louis bay and Superior bay
are spoken of as parts of ST. Louis
liver-as enlargements OF that
stream; and testimony is taken to
show that The water does not flow
from the lake east of Minnesota
point into these bays, and other
testimony to show that it does.
Whether these bays are considered
as part of lake Superior, or as a
mere expansion of the river, is in
our view immaterial, Tor it is a tact
not denied that there is current
due to the river through both these
BAYS which, in the natural condition
OF the points OF land we have men
toned, discharged itself into the
main body of the lake at the south
ern end of Minnesota point; and
and that this point was the natural
entrance and exit Of vessels from
the lake into the bays, and from the
bays into the lake. And previous
to the act Of the city of DuIuth,
presently to be mentioned as the
foundation Of this suit, it was the
only passage for vessels into and
out OF the bay. There was here In
this bay natural harbor where
vessels could anchor in safety, and
it was the only one on Lake Supe-
rior within fifty or sixty miles of its
western limit. Here grew up Supe-
rior city, at which all vessels landed
which came by the great lake sys-
tenn so far west Outside of the
bay and east of minnesota point the
lake was rough, and there was no
protection to vessels from the winds
and waves.


The passage or channel at this
narrow entrance, which by com
plainant IS called the mouth of the
st. Louis river, was never very
deep, and the bar, if it may be SO
called, gave great trouble on this
account. For several years prior
to 1871, the United States had
made appropriations to remedy the
difficulty, and plan had been
adopted, and money expended, in
the construction of piers on each
side of the channel. which by con
fining the flow of the water within
the narrow limits, would, by the
process of scou ing, keep the chan
mel from filing up, and it was hoped
would also deepen it.


By the spring of 1871, the City
of Duluth stimulated by the con
struction Of the Northern Pacific
railroad westward from that civ,
which was its terminus on the lake,
began to feel the need OF safe har-
bor of its own.


\ breakwater or pier built into
the lake was started by an appro-
prlation from Congress. but was
found to be unsatisfactory. The
City of Duluth conceived and ex-
ecuted in a very short time the pro-
ject of canal across the narrow
neck OF Minnesota point near its
connection with the n,ain shore
BY this means vessels could enter
Superior bay, where it washed the
| shores OF Dnlufh as well nS hr thc