, 1863-11-14
TEE LAKE TUNNEL.
The Right to Erect tho Proposed
E1er9,

The Right to Erect the Proposed
E1ers.
Our cisJ readers know al about The proposition
TO construct tunnel under the lake two or threo
miles for the puEposs Of getting pure clean water
lot the u8e Of tha Inhabitants Of Chicago An or
dtnance was passed October 5th. .,giyns the Job Of
conatzuetiug said tnnnel to Nessess. Dull and
Gorau, foz about quarter Of msllioa of dol1ars
more OF less.
At the regular meeting Of the Cornell held Oct.
S0th, Alderman Walsh presented Communication
representing that the construction Of the proposed
tunrel under the shore waters Of the lake and the
building Of two OF more crib5 at the entrance to
OF mouth Of the harbor, wonld be permanent OBJ
ssruction to payisatioa; and that the Congress Of
the United ststes Is the only 1egislltiye body
which can confer upon the city the Hight o. power
to erect and maintain thesa crbs, while the right
to construct the proposed beacon OF lighthouse is
assn mora donbtiuL He called attention to the ii.
legged fact that tho city Of Chicago has no power,
nor can the State Legislature grant tho power to
construct aoY Glib, shalt, Or other permanent Oh
structon to navigation IN Lake Michigan OF In any
other ray1gsb.e water. Ha, accordingly submitted
the draft Of an ordinance. providing the ordinance
passed Oct. 5th authorizing the construction of a
tunnel be repealed and annu11ed, and that the &C.
tlon Of the Council directing the Board Of Public
Works to enter into contract with Messra. Duh
and Gowan. for the building Of the tunnel, with
II. cr1ba, be revoked and Eeaeindsd The commit.
nieation was referred to the Committee On Ha.bor
and, Bridges. which COMMITTEE at the regular
meeting on NOV. 70, reported adversely 10 the pas
cage Of the ordinance presented by A1derm IN
Waleh- The report was then laid over and mr.
HaYn had Ind %har
1ts lorOer etxte- ., :
|. Corporation Council AVER his given a 1e7a,
opinion on the question Of obssrtetins nayie adon
It is Of sueh iuordfnate length that We can oalT
find room for an abstract, which is al moat peop]s
would care about reading:
To the Board Of Public Works.:
Iwaa requested by vote Of Your Board, pssaed
on the cith ulttmo, to- give yoq my. opIrfon IN
writing, whether os not the city has tie rieht to
place piers n Laks Michigan at intervals, il the
the outermost one to be two miles out into ths
like" have examined the question with ali
the care due to- subject OF 60 much importance.
and W1u proceed to submit my vtews In relation
Tie piers in question a1e to- bs constructed IN
ne na,yigans waters Of tEe lake. for tho purpose
tunnel, MD are intendsd to be permanent ssrGe-
tu!cs. Authority to erect them has been confer-
which is As folloHb:, 4-N'0',
"srcT1oN II. Said city shall have the powe, to
e1tend acqueducte or inlet pipes Into Lake Meal
supply Of pure water, and to erect pier OF p,eta
IN the nayfgabe waters Of said lake, for the ntaE
tRg p5eterTg1ng Tg md Wokiug q satd aequednets:
beacon light which shall be lighted at ali auch
Seasons and hours a tho Light On The pier at the
entrance Of Chicago River"
no doubt csu exist that the power thus granted
is broad enough in terms to sanction the Proposed
structures The only question, therefore, to which
TO direct special Is whether
the Lestelatufe had power to grant sneh authority
The solicitor then began back at the colonial pa
Iiod. and cited revolutionary p,ecedents, reviewed
the various treaties with European poyers inroly-
ing the cessioa Of Territory to the British crown
and to the United States a1ter the ACKNOWLEDGMENT
OF independence. He next examined the Cousti-
ution OF the nfted States to discover II the;- is
anything In that much abused instrumen Mt forbid.
ding the excavation OF tunnels OF the erection Of
tLereiD, be next searched several east-oads Of iaw
Ho tIaveraed the Mississippi River from Tie Fals
or st: Anthony to the Balize, and the Ohio Rive.
mo pts oG 81 e 70 Gsff to examine the pes and
across those streams Finally, be elaborarcly
,nSte s9tho:ties ase lugged IN, AID comes to the
r. Results e wsiah ny own mind Is irrsstettb1y
led BY them will now BE- stated;
o1s.a f1e ~ ~ 9.c aa1ea power deegated to Con-
Hnexense9 snd darmnnt ~ 10 M Mdeaiass commerce,
ment,. does not restrain the Legislature OF The
vas NOT enaeted VIII riea IL a1estoa, TO- 1he iaw
o. o. commerce. !. hHt for purposes purely domestic
and to o. ad'anee thS health Rtosgsty and happi
Ing On subject conded dt ali 70 the sa1e Of of coa.
IL Go mas ssng to merely
f h,afsd ta sas Mtsn s4e ta;
- ~ fnneteaa ~ ss. wns89e: ne pow
~ "a ~ nSsrta ~ ls e1c1ssye,
In ~ ies a1se o. to a stats sGs
Sesn IN casea Maese 1ts po haa
thsa becomes nn9mpostans 90 f4E "a
al stase ios + oa IT,
tinnistor ~ - @ an :. ast"ooy Son4tcss VAIN treay
9aeurass " so"e paramount legislation BY
). Tha law In nnest,on IN MT -snnor,.,+ =, ~.
nsst;o 49, ~ "; ieEoat1s commerce and
ters 6f tbe In,t.d stasea NJ "
shnTe a11 ~ - FL o. re sapes Court
sidered ~ setfiad. ,t7hsf notIrthstsna ~ eon
fe15sistios hT Goe",eaa oat h;thpt hn"as1aeams any
o. haeaS1e saa Ssats xaseas maz
or Other str1ctnIes deai1ne fos nnh,c o. otasss
md p,capcips pabic beneat proPi3ea th patpose poe
ton n and the right
Tssed ~ tRs s " ~ r.
Can't III. nsde ~ = r. ~. "u!Gn tae
mt ht4 nretAnHpd thst fta In, Srtk1-3..s
trsctio Of these MIRA i. incnnnatho .,s tas
art 81 nesscd bv nh @ Win any
built foF IN inno1snt nnhc nnrna.e r. Tsog u oa
essential ani 13ernesa,FP r., lucy Ara
puhnG work maEilsstly csfcalatsi to pronce rsat
nuhI,c heneft Thay wsif rsnes ~ ~ MPau1uee aPa ~
snuction to nayas}n mu nor o
II less aaic OF conysnienI than heretofara 1'Huss
-:
.. The treaty stipulation with Great Britain TINT
gate Lake Michigan, does not de6rtTo IL state of
tho powe. to authozizo the erection OF the pro-
poEed piers. This treaty vas ente: ed into for the
pmpose OF eetab1tshtDga reciprocity Of CONNER
ctal intercourse betwetn the people OF the two
Countries, and this stipulation can b. construed to
&c az nee TO ne subjects Of Great Britain it is
to cur oWn citizens It gives no rights or prlrl-
eges to the former over those or The 1stter, and
both must equally ehhMtt to all such partial OBJ |
atacles OF 1mped]ments az from time to time be-
come unavoidable In the prosecution Of public
works and Improvements. ~ well ns to those com |
mesclal regulations, restrictions and nsages which
6ave beer or may hereafter be established over
those waters.
4. 1t ls requisite to a complete yIaY OF tha !
whole subject that to the foregoing propositions I
there ehculd be added the following: Although
The eo'ereign right OF property OF eminent DOMAIN
lies within he jaEsd.etfon Of ntnois ia Teste1 e
IN the State, yet Congress, By virtue Of its pasa1
mount authority over commerce and navigation,
oyeIrae a cont,p X scf'o1 y ~ th 3egsa9n
atu1e in cases Of this nature; aud, therefore. taat
through the Permission given by the Stlte to
nSnh1sa tng p eonis5s upon she city
summate The proposed Works It ia wfthtn the now,
sr Of Congzes5 to declare the structure unlawful