, 1869-02-19


Wednesday evening, Mr. Knickerbocker
referred 10 recent decision OF the Su-
prime Court Of the United States tend
Ing 10 es1aGlsh the conclusion that the I
title to the bed Of Lake Michigan in |
front OF the city is In the State OF lt'ino's,
and that the Legislature has the right TO-
dispose OF all the submerged lands there,
subject only to the public right of nsv,-
CATION. The case referred to is that Of
Alumtoyd "a. Wardwel1 10 Wallace, 423),
decided at the December term, 1867.
This was case involving the title to a
lot Of "made land" in San Francisco
Bay, which had formerly been sub
merged. The opinion Of the Court. was
delivered bY Justice Clifford, Who says,
en psees 435 and 436:
"Catlfornla was admitted into tho Union Sep
tcrnbcr o 1850, aud the act OF Congress admitting
her declares that she 1e 40 admitted on eQuA
Icoting In all respects. with the oHEtna Sta .es.
Settled 1ule OF law In this court it. that tne
shores OF pa~lgab1c winters and the eolls uud
TIE eapac IN the original States were not granted
| By the constitution to the United states, bat
rere rettrted to the sertrdI ais, aud that the
new S,at+ e1nce a:m.ttcd h4Ee The same eh'e.
sovereignty ana Jurisdiction in that beh III as be
| er1gtEal States possess within their respective
| borders. ....... ....
"Wtc1 the Revolution took place, the people
Of zach State bccaue themselves sovereign, aud
| tn that character hold the abtola:e right 10 all
their na.fgablt waters and the soils under them,
elhject o. ly 10 the rights since surrendered By
the constitution. ......
| "Eeceraary conclusion is, that the ownerihlp
Of tic lot il question, wncn the stats wa* admit
ted into tho Union. became vceted IN tho State -
tie absolute ow1er, subject only to The paramount
night CT navlent!un.''
THIS would seem to be q case precisely
parallel to the one under consideration
he1e, and would seem 10 cover the bed o
the lake, both inside ard outside Of thu
railwsy tracks.
The following citations from Gardner
Institutes OF international Law, pp. 235'
237, support the same view:
..l1 Gould Is. Hudson AiEcr Railroad Co. Il
Barb. Gas), It YVES hc:o, that tic Hudson rtve'
wLe1e the tide tons AID noWs, IS public nariRs
bic liver; that the rIpa.tan owners Of 1t d
. bounced en- the Fca or euch rlvcs cx ends only L
| h'rh-wA,cE mork that the land below higo-waN
y marx he!oof1 in England 10 the csowu and here t
The &dit !: that all tuen navteab!c Hscss arc pat
ltc highways, upon which all peteons have rig:
d 10 Env:aAtc In the putrult Of any lawful bus
J. ohslruct The navigation by avy pcrnanen: cse
i tor, 70 a. to prevent the passage OF vessei+ u
AID 90 The xlycl, that tho state has the tight
y ccIs'1uet, Or authorize the construction c
whsrves, pierr, hreaxwaters and Other cnnban
II mcnte. which tend TO improve the naElRAt&ou.
- do not interfere therewtth; tbats lh7 11xh
D.. Athir in suth waters ~ . common ffRat. sohjc
- however, to TIC use OF tue waters a. hteh"a
= ana 10 the rczuiaiions prr.crtoed by tho eupr 4
= powtr. The Court held, that the raiaro.d emeau
b meat. from ono po Mt to nno'hef IN the hads
at 1,ly.r cutting of the plaintiff from aceess TIC
:, his n; at1an land thus tnc!oscd} BY "h'cF 10
river channel, pu.auant 10 ina chsster Of ce'et
~ att. wae n ads on ats land under thu 1F@f
lis low orattaIs hi8hwatcr marx, and Vas ls"fn
L. made, without compromising the riparian own
-. | That ttn loss was d.nlnum a5sqNe iafurtd.
"This case went 10 the Court OF Appeals
u | New York. At The Judgment WAS affirmed.
%. "1hc ts1nc dccts!nc has been laid down by
II Supreme Court Of Mar fachusetts, Il An. Ralisl
Custs, S It u. notes. SAC
oe "Ths eime wa held In uollfstes ts. Uaion c
ur 70 Conn. r. 43o.) .......-..
in SIS EMr,trc a. coocl!, Il California a. 81.
= ssn ,he 6uure1na Cnrrt Of she Stats nr,t. that
yfot.l7tu,+ led po,ctr 10 GrGn. 10 prtrdse PTS
as zord n.qc fhe uater a San Fnaaeaeo nay on
ny, shyr, to b. Eaxd aad tcharrtd jof commercial
om pesxs. snd tnat this IVES IN ala af comnr
8 nsu CT m obet1ucton TO Ea.f9ation; sna
md Ii the city map, and the Rnnt OF
~attt:lot pursuk1t % 1t, was made 10
~ ictdaIt ard eontrmcd By the Lcgts!aturc,
alc to the prreh fc bf rtAt1t, Of his lot IN The
ne be Ok n" s!Vs1lbn slphts. lt0u4h his l't O
be EH' nasuea .as s.o'e, ena tass u. III -
NJ no t!ghz to eu@p,ain Of II; ana that. Aa Z
'3ts, uuhlc, II was not npltnucc; RID II a putl
nv lu,c tc.t1cc,ive Of rhr rntlnp. or seriously II
~ i1P ibr turtle welfare. eoud rub C. the del
art 70 Appreciation by ihe people, ana w~uld
4ele tuktA1n an setpn b5 the plAlntl1"