Year: 1872

And here comes in the cream of the
thing. Before the Injunction order was
served-the United States Marshall of Min
nesota seems to have been singnlarly slow
about his duties in that trespect-Jay Cooke,
the patron saint (??) of Duluth, rushed to
the Secretary of War, accompanied by the
Duluth ci'y attorney, and induced that
functionary to take bond from the city of
Duluth to construct dixie across the Bay
of Superior, SO as to prevent the waters Of
their canal That dixie when completed
will entirely cut off the citizens of Wiscon-
sin from navigating the Bay Of Superior
enclosed by that dixie, distance of about
three and one-half miles in length and one
and one-half miles in width.


1t is difficult to suppose that Secretary
Bclknap, and the legal luminary who at
that time filled the position of Attorney
General, were ignorant OF the laws of the
United States and even of the common law
as expounded by the Courts Nevertheless
they did not hesitate to permit the con-
struction of nuisance, which is even be-
yond the power Of Congress to legalize.


In order fully to understand the law on
the subject, our readers should bear in mind
the position of the Bay Of Superior as form
ing the boundary between the two States,
and the position Of the dixie in fencing off a
portion of that Bay to the exclusive use of
Minnesota and Duluth.


We do not propose to refer our readers
to the numerous decisions of the common
law all of which confirm principles which
show that proposed dixie to be public nui
sance, but we will simply cite to them the
provisions of two laws Of the United States,
and the provisions of the constitution of the
State of Minnesota, in direct violation Of
which this remarkable structure has been
built.


We have then first the act of Congress
entitled an act to enable the people of Wis
consn territory to form a State Constitution
approved August 9th, 1916. Section 3
of that act provides, that the State of Wis
consin shall have concurrent jurisdiction OH
all rivers and waters bordering on said
State, as far as the same shall form a COR
mon boundery to said State and any other
State now, or thereafter to be formed or
bounded by the same "and said rivers and
waters, and the navigaole waters leading
into the same, sbaii be common highways
and forever free as well to the inhabitants
of said State as to all other citizens Of the
| United States.


Here we have solemn grant by Con
gress in 1916. long before the State now
known as Minnesota had a name, by which
the United States granted to the inhabit-
ants of the State of Wisconsin an easement,
"a right of way, over all that soil covered


with water which forms the boundaries of
/ their State, and also over all waters leading
I into the same. This grant of an easement is
| as solemn grant as that Of Il fee, it is as ab-
solute, as irrevocable, equally an interest
in lanCi What would Minnesota say should
Congress attempt to deprive that State Of a
portion of its school lands in favor of Wis
consin? Yet the ownership which Mime
sofa has in the fee to her school lands is
not more absolute than the ownership of
Wisconsin to the right Of way over all the
rivers and waters upon her boundaries, and
navigable waters leading INTO the same.


Al,
grant on the part of Congress. On the con
trary the enabling act, stands in the light
of treaty between the State of Wisconsin
and the United States. In consideration
of certain grants of Congress, the State Of
Wisconsin gave to the United States GER
tain privileges within her borders, and thus
a full and ample consideration has been re-
ceived by the United States for this among
other grants.


rely is the act to authorize the people Of
Minnesota to form Constitution and State
government, approved Feb. goth, 1857
Section of that act is almost in the iden-
Ilc3t WOruS OF Une SccJlOn Clleu from Ine
enabling act of Wisconsin, merely substi-
tuting Minnesota for Wisconsin. 1t also
provides that when river or waters form the
common boundary of that state and other
states, they and the river and waters lead
ing into the same shall be common high
ways, and forever free, as we'll to the in
habitants of Minnesoa a "as TO oU other citi-
Gems of the United States" The State of