, 1869-08-27
Dragging Anchors in tho Chicago
River

Dragging Anchors in the Chicago
River. !
To The Editor af 7as Chicago 7Tttunt:
The City Eaihers, awakened By the lato break
In our city water pipca laid In tho bed pf the !
Chicago River, hare been fratning g.omc ordnance
to p7cstnt ycsaes iron drngg,nE lnr.r anchors on
the bed Of the rtrer, and ~ that ucans, IN this
respect. project the ptpea-
The ordinance Ia Intended 10 make that unlaw-
5pl which before MAS lawful, customary. usual,
and. lu mauy Cases, actunly necessary In the 1as,-
Cation Of 30 narrow dtteAM a. the Chicago River,
crowded with the largest commerce Q! the lakes,
and It q nu attempt to protect from the conse-
QucnccA Of its own Improper location that which |
Is unsilliully and unlawtuIly placed.
The best Way 70 project tho pipe 10 to 10 lay It
rs not to subject 1t to tho dangers which The ffee
and lawful ule Of the channel might otherwise
subject IT, To require taat The Pipe hhould be |
properly Lid, and not that laKful custom should
be sho1lAhed md without which Navigation viii /
te seriously haupered and embarrassed
Vessels hare dragged their.ancho,s and moyed |
astern long before tho Chicago RTer was esen
suoducd 10 the uses Of civilization, ant the nrst
vessels which Waited this stream and made It Of
any commercial ra&uo brought This cu.ton win
them, and continued in it, use un..l the naulet
and barren beach grew up Into q populo1s, r1eh
and important metropolis Ills now proposed 10
abolish this CUSTOM In order to scseeu negligence
and incompetcncJ IN taJtpE water Pipe On the
btd OF the river. Those who Laid It there we'll
knew, or ought TO hase known, that vessels up
| the North Branch cust necessarily drag their
ancaors IN order 10 safely and steadily navigate
I The stream. and other property oeasdes water
pipes were entitled to equal protection and would
1 he endangered II anchors were not sometimes 40
used; bea!de', In some places they cannot wiud,
4 and knowing this they should nare 30 guarded
and buried their pipes aol conduis as 10 be out of
The roy Of passing craft and fAi}iDg 40 10 do 1hey
4 knnw sbAIe f1zu 4 n ~ yr
this bad engineering. And. any injury Is o.
casloue1 to the vessel by impingtng upon any
/ such hidden obstruction and Nuisance, The city
| would be liable 10 make good also this 1osa-
1 III case where corporation left, sawed Oh,
below the surface Of navtgaole waters, piles which
had been driven into the r1Eer Tor the purpose Of
] building htdge,' 80 thai vessel sailing On her
/ course w4s Injured BY them, the corporation was
held lisbie to make good the loss rs HON., 2o.o>
| SO an anchor left without a buoy, 60 that ship
rpn foul of It, the peEaon Tho placed 1t there sha
l respond IN damages. tEmergon vol !, p. at;
| Consulata de la Aer, chap. ss5 and Chirac 20,
l The implngug Of m anchor or oth<r fnjusi,us i'm
J<diment neglgently left In the way t. E., the chan
| nel}, hss alwa1s bten punished By suit for DAM
| ascs. {33 How, p. 416; 3 brown civ. and ADM
! p. sc2.1
So VIC Bec, SO fsr Is the citJ's right 10 sue ang
persons fer damages done To her pipes Improperly
laid In the bed Of nayigab1e stream, so NJ to IN
! any way Meet known and naunl custom IN The
course OF hastga,'on taad the dragging of the an-
/ choss when being lowed nstcrn ID one OF them),
| they hare right against her II nnT damages
| should occur to them
In view, then, Of the unlrendly legislation OF the
city In reference TO tugs and Fcasels It WILL not be
a1nlss set before the public and the authorities
. l The law on this subject.
Several years ago had occasion To examine the
l whole snhtct In case "on all fours,'' with the
1 n-hf fnh ttw
bridge. The schooner Game Cock, In the spring
l | Of lseG, was being tovcd down the Menomlnee
| River, Wisconsin, nom point above where the
clry RaHripe was hid acruss tho bed OF the HYer
| The Vessel was toTed astcEn and was dragging
| her anchor, and tho anchor CAME IN contact witt
: the pIPt and tore It up so that the people wers
, / cut Cd from light tn the neghboshood "A sui
| was brought. By the city, agutnsl tho owners d
the GAtue Cock, claiming that on the sssA N oc
: | sot.er, 1894 ths Cummon Council Of the city O.
i Milwaukee, By Firtue Of The power IN them Sestet
/ | by the Legislature OF the state Of Wisconsin
| passed an ordinance whereby. amcug othe'
, | things, theJ expressly forbid any vessel to b
Q | towed IN the Milwaukee or Nenouonee Rivers
within The nts Of the city, bJ nn5 rug OF vessel
. propelled IN hole or In part By StcaR, while thi
i 1 anchor or apchors OF such vessel 50 lowed a1
, | drawn OF dragging on the bottom, Of such s1ser
i and that said ordinance WAS IN force Al the tim,
3 l the Game Cock so damaged the gaspipc. Ta
Pratt, attorneys for the city, and Aessts. Enmou
| ard Vaud5ke for the vessel I Was also rctalQct
It for The vessel. but Was NOT present al the trial
d Tic charge OF Judge Macarthur Is very fill an
Z covers all The law on the subject, aaI IA as fol
Z. | lows:
il "Great importance has been attached to ii
!, ordinance rasseti py the CITY CoapcA Q! Anw0u
- kee, dlrt citing that vessels uavlGsstnR the ryer
n ANCHORS, when passing up and down, along Il
J. eottoul Of rlfera- .
=, case think tbs, 1corr Importance has been ve
~ to this ordinance than Is really due to IT, bccaus
y am Of opinion thai the validity Of that ordinAnc
"a whether It Il aa sct Of passa,on tor vessels pas
4. Ing up and down a nav.SAh!e stream Aka th
"a iasn. Dccsase, i That ia proper ct Of nariSn
10 t,ou. II that Is act incident 10 The sailing
It. ycs.els md towing them ont Of ha,bors Or M
N row streams, an ordinance by the eit} conl3 no
p.oh!oss It. An Aes By snc STATE Legislature coax
not prohibit It, because the nyioIabl!ttJ OF rlaT1
IN fae Sreat ordlnance Of ise Northwest, 50 inat
ae the waters ao.!ns TITO the MISSISSIPPI! and 81
III nays.n1e waisFs ,so sas r s,sss ,aa !,
be ions L5 cities and places rnere nasors aEc {
~ asa.nst This fundamental p1ov,s,o5..
NJ .Fos the purposes of TT tt!s! 40 nos mean I
.ss otnsr hsal II shnt nS o a5 ~ t4: i IS y
proper auh Fai:d regulation, but !, IL reRu.atio
which npst hc entirely subordinate 10 the right
| r31tSaupo. Now, X Il be tsae that II !s tnIttien
10 the sailing OF sesses tn the CEoGrcts Of HaytEa
CT uou, that thcJ should ding the t1yes with the!
einry 10 ts5 III ssts M cy ofdaacc Is I'M tnappic.
~ LIE 10 tie ctlsc. Another point which shall no!
y for the purposes Of this trial with reference
L. the right OF tne plaintiff 70 lay this pipe at A
in stl1t Eolt that IN It's c6a1seI, Authorizing It
les lay p'pes for the convenience Of the e.sy gener
pesai1. II :sa hola % HIT tie s. psnis IN ii
ai sds ss ssn. 70 o SIS II R sf
/ 1Ivrn cS Fr4Nr fhF
y, or ] seeoE ]moaasson oi nc epare e,sy. 50
are scJ xei aware thas sne iorrn,ion Of gas on
Q. Is cne Ct the most n,esas tnr;osenena Of Il
m times; that Of se!J gencFat use nov, aud q.
aeea we1e 8 ss az nov
VI | lA ueht, 20 that tic consumption Of Gaa has u
ed onsy become ir1nIy, but even necessi'y: ~
m neaecs of soc.ety. such Is nr.!dDs railroads -
~ tE.cecs over stxets athenGh sppar:nus an I
eli sIe 10 te reeeneed. aa IL = possible, an III !.
ue npon this principle that the courts have held tt
these E7est streams Ehka are naylkaole msy
!, | tI.dSet, thai fzGcaas r.y hc baAs o.
'ot ssase. 4. ses q interfere faa.eTal,y Win Il
70 ether 0e ba 20 hsh ;as' vessels my pass md
70 them, or wneu nos built 70 high, sne! mast ha
q 70 ~ ~,
Gu atrcr ofth.s description, where rAl'rosi i 70
lhe extended Acspss Il or bridge built over =,
.ne ssaH regulate IL heghi, il d1avA etc. win
sae view Ct securing A. ta1 - possible the rights
! 70 navigation Is well u the conTenleuces Of y
To- ETen Meaps Of travel and u2nsporta1on 70 :.
T!lh PGnac. aoa tee. however: "a! q 1As st = !
~ ariho7ucgptpes 70 be aid Il The bottom o. I
En- river for the public convenience, a Eeu
1o0 brtuees over rs Eu1tAee TOR the sane object;
In. tn1s tAp t. done without infringing Up
for " 1nS, - ~ :11 hn1 III the {~rss.fc
for NAV ererrisa iha, r7hs Ant buihof1ze thi. thl
rs,'' to dc tolc Toa viii perceive, noHe!er. that
e1. ncceesaEy follows tro aA TITS thas al ne aHa
nj. rcasons Of taa k1nd Of legislation a1shoHsa
.P,e these different constructions afc and must
&C. sohdEdinzse 70 the great right Of naflgauon.
hey they ust Al be exercised in view Of the l1ct =
ON, The freedom q nassaaon ts ,s,n1;sz ~ n
ner4 ~ na1a. ~ - - II - al orer