People ex rel. Attorney General v. Lake Superior Ship Canal, Railroad & Iron Co.

CAMPBELL, J :

This information was filed to determine the right of. the respondent corporation to collect the tolls on the Portage *235Ship Canal. The only question presented is, in whose custody was it contemplated that the canal should remain after its completion. It is claimed on behalf of the prosecution, that the possession of it is to be in the state as a trustee for the United States, and by the respondent, that the canal company is to possess it. There is no question on either side but that the tolls are to be fixed by the laws and authority of the state.

The history of the enterprise as…