Year: 1872

the State of Wisconsin; that the ST. Louis river is
navgabe from the nav gable waters of the said Lake
SUPERIOR through its outlet and up said river for the
distance of about twenty miles, and along the whole of
said twenty miles the said river forms the boundary
line of your orator and the adjoining State of Mime
sofa, and large commerce is thereupon conducted that


the said river and all the navgabe waters leading into
the same, public highways and the United States
of America, by entitled AN to enable the
people of Wisconsin Territory form Constitution
and State Government ard for the admission OF such
State into the Union, approved August 9th, 1916,
have granted aud given your orator and to all It's
citizens and inhabitants and right of way
over the whole of the said ST. Louis river and all the
-ayigabe waters leading into the same that from its
outlet into Lake SUPERIOR and along its entire length
OF naygable waters your orator has concurrent urs
dicton with the State of Minnesota the whole OF
the said St. Louis river below high water mark, and


the jurisdiction OF your orator the said river tor
the said twenty miles, is in all respects full and am
pie that of the State of Minnesota that Immediate
ly above the outlet of the said ST. Louis river into
Lake Superior, the said river widens out into large
expanse of water of about miles in length by
from one to one and one,half miles in width, which
said part of the ST. Louis river is commonly known as
the Bay of SUPERIOR that the said Bay of Superior
throughout its entire length and width navigable


That the City of Superior is situated Immediately
opposite the outlet of said ST. Louis river in the COun
ty of Douglas and State of Wisconsin, and the defend
ant, the City of Duluth, is situated at the extreme
northwesterly end of the said Bay of SUPERIOR that
the said City of Duluth is the terminus of the Lake
Superior and Mississippi Railroad, which said road is


public carrier connecting the waters of Lake Supe
ror with the Mississippi river and entirely construct
ed by the aid of grant of public lands given by the
United States for the purpose of constructing such
road and thereby facilitating the commerce between
the of said Lake Superior and the Mississippi
valley; that heretofore large and increasing com
merce has been conducted by the citizens and nhab-
tants of your orator. along said Bay of Superior
and bv way of the City of Duluth and said Lake Supe
ror and Mississippi Railroad, with the country lying
and south, the great increase of the commercial
prosperity of your orator That Exhibit No l, here
attached correctly represents the situation of the
ST. Louis river, the Bay OF Superior the outlet of said
river strip of land called Minnesota Point another
strip of land called Rces Point, both within the terri
tory of the State of Minnesota, Wisconsin Point being
part of the territory of the State of Wisconsin, the To-
cation of the City of Superior in the State OF Wlscon
sn the location of the City of Duluth in the State of
Minnesota the location of the dixie constructing
by the defendants, from Rces Point to Minnesota
Point, and your orator prays, that the may be
considered and taken part of this bill OF complaint
with the effect if the facts thus represented
set forth fully therein That the Defendant, the
City of Duluth, is engaged in consructing dixie
the navigable of the St Louis river from
the extreme easterly point of Rice's Point the
Bay of Superior Minnesota Point and nearly right
angles with said Minnesota Point That the dyke
when completed will enclose portion of the navlgable
of the said St. Louis river for space of two
miles in length by about one mile in width and will
absolutely and entirely deprive the citizens and nhab
ltantS OF or
that portion of the St Louis river and will convert
such part of the said ST. Louis river to the exclusive
and benefit of the said City of Duluth That such
dixie when completed will cut off your orator and its
citizens and inhabitants from all connection with the
said Lake Superior and Mississippi railroad, and will
deprive your and its inhabitants from the COM
mercal advantages which they entitled to enjoy by
of easy with the Mississippi valley, over
the said railroad.


That the completion of said dixie will take from your
!
way soleulnly granted by the United States to them
the whole of the st. Louis river, and will nhict
great and irreparabe injury to the commercial pros
perty of your orator. and to the trade conducted
along the northwestern frontier of your orator. with
the valley of the Mississippi along said Bay of Superior
and the said Lake Superior and Mississippi rail
road.


And the said dixie, when completed will in like man.
seriously obstruct the concurrent jurisdiction which
your has all the waters OF the said St Louis
river to such an virtually and practically
deprive your orator and its judicial tribunals of all u-
risdicton whatever the space enclosed by the
said dixie, and which dixie, when completed, will pre-
and obstruct the courts and civil officers OF your
orator from executing its judgments and decrees and
enforcing its writs and process.


That the defendant the City of Duluth, has retained
and employed the defendant, the Northern Pacific
Railroad Company, to furnish locomotive and train
of cars and the said Northern Pacific Railroad Com
pany have furnished, and are now furnishing, loco
motive and train of cars to carry gravel sand, rocks
and other material to assist in constructing the said
dixie eross the navigable waters of the said ST. Louis
river; and the defendant Sidney Luce, is the Mayor
of the City of Duluth, and personally engaged IN SUI
perntendng the work on said dike and personally
! laboring in the construction of the same.


And orator says that the defendant, the City
of Duluth is corporation beyond the jurisdiction OF
orator. and the process OF Its courts that In like
manner the defendant, the Northern Pacific Railroad
Company is beyond the jurisdiction of your orator;
and the defendant Sidney Luce, is citizen of for
egn State, to-wit, the State of Minnesota for which
the of your orator cannot reach and re-
strain the said defendants from committing the wrong
and injury above set forth.


! To the end therefore, that the defendants may, if
they can show why your orator should not have
the relief herein prayed for and that they may be COM
PEELED all and singular the premises, and all
the matters and things therein stated, fully and
completely if the same we're here again repeated,
and they severa thereunto nterrogted and the said
defendants except the City of Duluth and the North
ern Pacific Railroad Company, may answer as afore-
said their corporate oath and that pending this
suit and until the shall be finally heard and de-
cded BIZ said Court, the said defendant the City OF
Duluth its agents. contractors, and officers and each
and of the said defendants other than the said
City of Duluth their agents contractors and aborerS
may be- by provisional injunction to be issued out OF
and under the seal of said strictly enoined re-
strained and forbidden from proceeding to bulid con-
struct or fill in the said dixie any other dixie
the Bay of Superior to sink cribs, PIERS or rocks
into any part of the said Bay of SUPERIOR or to throw
sand, rocks, gravel any other substance INTO the
said Bay of Superior, by which the free navigation OF
the said Bay shall may be in manner obstructed
until the further order of said court.


And that the said defendants and each and of
them, and their agents. attorneys solicitors, counsel
lors, contractors and aborers, may be the final de-
of said perpeually enjoned restrained and
forbidden aforesaid, and that orator may have
such further and other relief the nature OF their case
may require and shall be agreeable to equity ana
good conscience and that the said defendant be order
ed to abate the said dixie May il please your honors
to grant your orator writ of injunction to be