The Superior Times

THE BEGINNING OF THE END

Yesterday was practically inaugurated a proceeding which, prosecuted to its legitimate conclusion, will effectually settle the claims of our neighbor Duluth, to have the only harbor at west end of Lake Superior. We refer to the action commenced by the State of Wisconsin in the Supreme Court of the United States, in Equity against the City of Duluth and the Northern Pacific R. R. Co. for the purpose of abating the nuisance of the Duluth Canal. The subpoena in which was yesterday served on Dr. Smith, Mayor of Duluth, by a Deputy Marshal of the Supreme Court of U. S.

The service of this writ was the auspicious beginning, which places the defendants within the jurisdiction of the Court, and the prosecution of the suit which will surely follow, unless the conduct of Atty. General and Hon. I. C. Sloan, and the justice of the cause, are suggestive of the end.

We understand that the Bill of complaint of this State alleges that the St. Louis River was wont from time immemorial to discharge its waters into Lake Superior through the natural mouth of said River, and that until the Duluth Canal was cut, said river had no other outlet for its waters than the natural mouth opposite Superior; that the Duluth Canal was cut by defendants and by means of the canal a large portion of the waters of the St. Louis was diverted from the natural mouth and thereby the volume of the discharge through the natural mouth is greatly lessened, and that the prayer of the Bill is that the Canal may be closed and the waters of the St. Louis restored to the natural channel. And as the fact is indisputable, the remedy cannot be denied.

The business men of Duluth not only see but have interpreted the handwriting on the wall, and are already concerting measures to avert the impending judgment, or lessen the effect of it, by a suggestion of compromise, which while it sounds at first reasonable, is in substance no better than the present state of affairs, and in fact equally unlawful. They now propose to close the canal and also the natural mouth, and make a new and only opening through Minnesota at a Point, a short point between the canal and entry. It will readily be seen, that if it should be admitted through such circumstances then entry could be closed, and a new canal cut, it is also almost the same as the present canal may remain where it is. The one admission involves the other; and if any canal may be cut so as to divert the water of the St. Louis from the natural channel, it is of little importance to us where such can be made, for if one is permitted, others will be wanted and made, till Minnesota Point will afford no more protection to Superior Bay, than the piles to one of Bradshaw's Pound Nets.

The Court will doubtless see the wrong and provide the remedy, and all that the people of Superior need now to do, is quietly and with what patience they can command, await the announcement of the end of the proceedings of which yesterday's service was the practical beginning.