Year: 1871

between the bay and the lake.


! That when the entry" shall have been improved
and perfected by the government works in pro
gress there if the effects sought shall be defeated
bv the sid canal the Bay of Superior will be fully
available to Duluth as we'll Superior, harbor
for al commercial and marine uses, the Engineers
having those works in charge have officially declared


That heretofore within the present year, suit
commenced by the United States in the Circuit Court
of the United States against the City of Duluth and
Others restrain the construction OF said canal on
the ground that the same, declared by the War De-
partmcnt injurious to interests at the entry which
Government was bound to protect That the interest
of Wisconsin and the people OF Superior i'll said suit
was recognized by the Government, by engaging Hon
Matt II Carpenter the advocate OF that interest to
annpar in said suit as counsel for the United States
and on the retainer are informed, oil the State
of Wisconsin. That upon motion made in said suit
before Judge Miller at Topeka, the defendant the City
of Duluth appearing and strenuously opposing upon
the merits Of the as exhibited by aldaVlt5 read
on both sides provisional Injunction granted,
restraining the defendants from further prosecuting
the work on said canal, thus iustifying the Govern
mcnt's action in the matter, and sustaining It's clalm
that the injury resulting the entry from the canal
was constant, and imminent, and such as to demand
the immediate discontinuance of the work upon the
latter That thereupOn, the Attorney for the City OF
Duluth repaired Immediately to Washington and there
in company with Mr.. Jay Cook made application at
some Bureau Of the War Department to have SAID IN
junction suspended upon the execution by the City OF
Duluth of bond to the United States, in the penal
sum of 0O0 conditioned that said city should on
or before the first of December 1871, build dyke
across the Bay of Superior from Rices point to Mime
sofa pOint and should also complete the said canal
That said application was entertained, without any
tce of the same having been given to any person III
Superior Wisconsin whose rights and interests were
most gravely involved in the proposed action of the
Department, and so far as are informed, without
auy notice to any attorney counsel concerned for
those rights and interests. That said application
at once granted, and order from the Department
issued directing that said injunction be suspended
upon the execution by the City Of Duluth OF the Bond
aforesaid


That this action of the War Department land We so
declare with entire respect for its high functions and
authority has been regarded by the undersigned
and bv the people Of Wisconsin familiar with the case
as an oppressive and unwarrantabe grievance which
officers of the government would not wantony infiic
and which could only come from misapprehenson OF
the situation here, regards the various interests
concerned for the integrity OF the harbor system at the
head of Lake Superior.


That if anv such dyke across the BAY Of Superior
(Which is by nature and law navgabe water free and
open to all commeIce) is admissible at ali-and We
protest that it is mott should be located rot further
from the head of the bay than wn@i be necessary to
include the canal (if that should under any crcum-
be toerated and accomplish its procscd pur-
pose viz the prevention of the diversion of the
OF the St Louis river from the entry" to the canal
and it should be entirely close and solid dam i'm
! porvous water aud without any openings for the
passage of boats IN order 20 prevent such diversion.
! nd we humby conceive tha, if the canal project is
to be persisted in under any conditions whatever the
best possible and the only adequate security for the
building Of proper and sufficient dyke Is the opera
tive subsistence of judicial injunction, that shall stay
work upon and close the canal until the dyke shall be
/ completed.


That for few weeks last past the city of Duluth
has been engaged in attempt to construct profes
sedlv pursuant TO said bond obstruction to nay9a-
ton though not to water, called dyke, across the
Bay of Superior a line distant more than mile
below the said canal where the same completed so as
to answer the requirements OF the oond, VIII seriously
obstruct an already important and rapidly increasing
! commerce on the Bay of Superior between Superior
and Duluth and will operate in great degree az a
barrier the convenient access OF the people OF Se
ri0r to the Lake Superior and Mississippi Railroad at
Duluth: railroad that would not have been iii exist
ence to dav, but for the munfccnt land grant gwen
by the whole people to aid its construction, and w;,
therefore we cannot recognize the right of any one
practically to shut out from portion of the people
But the said dyke is only it just begun and is
in no wise near completion, though the first of De
cember is close at hand and no other measures are
being taken to prevent the injurious effects Of said
nall and the work hitherto done upon the dyke is of
character which foretoken only sham and insubstaa
tia structure that might indeed work great damage
a hndrance to navigation but would be quite inefec-
tua avert those evils the prevention OF which Is the
only ground for its construction.


That Superior IS and has been point of great
prominence in the railroad system OF Wisconsin, and
that number of very important railway lines termn
atng that place projected, and that responsible
parties are already under contract to construct rail
road to connect Superior with the Northern Pacific
railroad, the aters point of junction with the Lake
Superior & Mississippi II. R. within eighteen months
from the first day of January 1872 that there now
is and will be- increased and increasing occasion, for
the use Of the best commercial facilities, which our
local situation naturally affords and entities Us to-


Wherefore we do most respectfully and earnestly
protest against any recognition, on the part OF the
General Government or its officers, OF any right IN the
City Of Duluth any other party, to construct either


canal through Minnesota point, or Gyke across tile
Bay of Superior; and respectfully insist that hav-
ing natural and legal right the free navigation of
Lake Superior through the entry at the mouth OF the
St. Louis river and the free navigation OF the Bay
Of Superior in its whole length and breadth, we ought
not to be compelled to surrender either right the
price of enjoying the other. And also respectfully
insist that in any proceeding which may have the eff
feet to abdge in any degree rights in this regard,
we ought to be heard, and especially, where the pro-
cceding is taken the application of party adverse
ly interested


And believing that there is not for the canal, and
therefore Of course not for the dyke, any warrant
growing out of any needs of Duluth properly rccognz
able by the government, think can be made to
appear upon an impartial hearing of all the facts OF
the case confident that be the local needs OF that
place what they may. they should be subordinate to
the rested rights of other communities and to the gen
eral needs Of commerce. we respectfully and urgently
ask your honorable department, that the legal pro
ceedings in the of the United States which have
been utermitted, may be again revived to the END
that further work upon said canal may be pcrpetuay
restrained aud that the canal existing may be
forever closed TO prevent any diversion OF the
waters of the St Louis river, and to restore to
the channel at the entry its natural volume and cur
rent. And your memorialists will ever pray &c.
WIN. Il. SMITH,
Chairman Of Board of Co. Supervisors.
And many Others.


PETERS music monthly for December is
to hand, containing nineteen ch oicc pieces