Minnesota v. Wisconsin

Citations

• 252 U.S. 273
• 40 S. Ct. 313
• 64 L. Ed. 558
• 1920 U.S. LEXIS 1607

Syllabus

<p>Part of the boundary between Wisconsin and Minnesota is described in the Wisconsin Enabling Act of August 6, 1846, as running westwardly, through Lake Superior “to the mouth of the St. Louis River; thence up the main channel of said river to the first rapids in the same, above the Indian village, . . . ; thence due south,” etc. As given in the Minnesota Enabling Act of February 26, 1857, from the opposite direction, the line follows the boundary of Wisconsin until the same intersects the St. Louis River, “thence down said river to and through Lake Superior,” etc. The St. Louis River loses its well-defined banks, deep, narrow channel, and obvious 'current, characteristic of a river, before reaching Lake Superior proper, emptying or merging into Upper St. Louis Bay, which joins with Lower St. Louis Bay and this with Allouez and Superior Bays, all of the same level as Lake Superior and connected with it by a narrow “entry.” Held, upon historical and other facts and circumstances, that the mouth of the river, as intended by the Wisconsin Enabling Act, is this “entry” or opening and not where the river, in a stricter sense of the term, debouches into Upper St. Louis Bay. P. 279.</p> <p>Át the date of the Wisconsin Enabling Act, Upper and Lower St. Louis Bays, parts of St. Louis River as herein defined, were' broad sheets with irregular, indented shores, with no definite, uninter- ' rupted channel extending throughout their entire length, and with no steady current controlling navigation. Such vessels as plied there then and long thereafter, until dredging improvements intervened, moved freely in different directions, and drew less than 8 feet, the depths of the entry from Lake Superior and of the waters of the Lower Bay being too slight for vessels drawing more. The Lower Bay was shallow; with a ruling depth of eight feet, and had no well-defined channel. In the Upper Bay there was a narrow, winding channel near the Minnesota shore with a ruling depth of ten, possibly