, 1869-02-11
ptllhniirtfl thc S.ntr ri 1llinnis 10 fnfko .

N !n-t !nc SQnErcss pi tue onltc4 oLatGe
ect'ct 10 thu state of. Illinois certain lands
i"t ltc PURPOSE U. hiding thr slatc N max: &
iug cCrtnla internal imprnscntntf:, II thas
k,nul fractional scctiun IS. rnwn 10, Hanrc
Il east, wat larludcd., T. tSn 'nS .' !.El4. ..
!a,ntc thr s!..'ni illlnnf;; ~ T. t,a. ,.. umo
appointed taral cotnsnl-sI 'nets. aud in'
rcs,ca tj1cn With lnwcr, us their nge,It>, v,
juy nut {nwn e!ics-ard especially no hnvo
III the lownr. additions or subdivisions Of
cnt 4 Under their ronirgl, aurvcycd,
sIuwiug all t1,c streets, alleys, colnnous Or
public lrtlll.Ida "
I Ir-r commissioners went IN, n,l,l In tlA.
charge ,ol tttlr duties laid ont towns, cities,
ard slIlapes; innte Rtretta ut, alr3s III aud
ttnm ms t,1rl4. r,eur,lctt tlieir rn:s, mud tlct
IL Ell. away anl The Ptaic uf lIInt,lt rptjtl. i
al tl'fr artt hy Informing tl!c publlc from
t'mttn time Of what They had donr. md nd
ycfiislna The lots mud Ian,la, thus lnla nut,
-tlsr rnhtle believing that said lola
erulrd III tue various .unps uul rata.
II ls nh admitted favt, an.l ea',iot !,e de-
lIfld, that Oh tile 13th t1ay uf JUNE, lsfl Tins
1Ht.iv,al a. festo" sEs - part II ,t ' r !, 'a 5
,lrd'r ,i,r ,1iteet'.n # The Canal Cp!n'nls-
sirnrfs, acsitg for and IN l.eAn'f % tlln state'
md ~, tls' I1. Els, "As ''e"lt'l On th' S'''' day
1,i4s r,ai." snts Frna'o s1nth IN 2 MI.
ltsI,e,t nfgutttl4 hr, l. III. "rlFefa ny he
| gtu,ltnt t,inr"tt E.Htu sl,"H nt,l !.sk' sf,el:
gn,,, a,n1 Ma,j.sn's s,t,"s ar1 rvs nj, s!t"n1.
fm ", sllat stiit' NJ Et"uhd N tl'''!t VI l,aAu
| Mh l.Is"',, t'"ng ilsH sl"te Vi NJ" lvke, mHa
Ia "i1l tt"'l l'll. " W." p9l"""ta sgalhal
-, a' ms si'. uf 4. tAs words
"Mt.isah avenue" "el" grl4rr'!-,n ntun1
wndr. I'se 'a,i III! Vt slts prnIhrly Vita
.tnnr at n.: aud lla eat,lu line, an. ii 1t was
ilIstal ~ Iuy o.It this sEip aiang the sl!1rn
ot ..,e iaLrwAich Ia nov Lnown " l.aku
Iurh"-intO Ii Eurnmu,l nr puhllc Squire,
tim 1t wus Illegal 10 lay out htatn street.
" ulash avenue, Michigan avenue, anu every
cEozs street hctwccu A!alsun atreet aud
Twelfth street,
Senator Mack, In Ills printed argument,
which he has Just placed lcioFc tue l.es'sla-
lure, then procrcus to show how the city
had rom 1iiHp to ti,no drn't with this land
md with Michigan uycnuc, luotcs the net Of
led1. which expressly recognizes Tue
und prosidcs against all encroachments on
| these particular stpublc grounds or COM
mons, ind recognizes thu right OF tue CITY to
| continue to hold this land IN pcrpcrl.y."
| hen ttlc Senator says-aamtttins wha. tile
city "i Chicago las heretofore practically de-
| Eied-t'lt will be seen from the foregoing
| synopsis tina, for thirty three Years the city
| III CLicugo Inns lcld this ground under the
dedication Of the Canal Commissioners, au-
thorized by the express terms Of the act uf
ING, rs a solnmons os public grounds aud
tie right ofthe CITY to continue to hold this
lnnd In p-rfetulty for this ru,pose, ex-
SKI SKI. for r. pssanouDt putiie use, viii Vii :not M
be di:puted." Then l,c adds lha! Ii gran. to
public usc, rs for park or highway, does
,tr mo. An iii 7a,Y
or 10 apply to unother or different use.
Thcu be lynyes the woolsack for moment
to bcromr the advocate, and says, while all
Ills Is 70, und the title Of the property is Ia
the city VI thlcago, b:1oud ali question
and that fact cannot be Eainsa'd-,yct "the
shall be abandoned Ms public pnrk: :Ao
city may hold 1t forever as q park, but II has
no poHcr to use it or permit II
10 be nscd for my other p1rpesc
A convey anco n .fts, therefore, Is asked ios,
in order that the change Of use demanded b}
the business requirements OF tue c3uutry
may be made.
| Tile State loses nothing hr the change; II
would gain nothing by refusing to grant I'll,
title necessary to lis accomplishment. :.
this: l. It Is admitted that the city Of Cnl.
caeo now owns, aud has owned for thirty
threc years, the land which is known Il:
Lake Park.
>. That the eamc was dedicated to th
public for '.public grounds or com1uon5," b,
the State Of Illinois, actin !. Dy and through
her authorized agents, more than tturty
Now, if this Is the result which paid at
! torDey reaches, after n full Investigation 6
! TIC whole subject, we must come to til
conclusion that he does not risk his r.puta
I lion, much less his conscience, as a lawyer |
advocate any other opinion than that, by tn
st1ict rule Of law, the property IN qucs
,ion belongs TO Chicago. Aud ittl,is is 81
what under heavens Is til, city ot Cbicae
asking the congress vi the United States mi
the Ii glslaturc Of tho S:atc OF Illinois to do
: | 10 Give them what they already possess? +
. resi- ~ them what they ALREADY own:"t :
! 1nalt t@Asuranee doubly surr?'' Is this III
idle, useless boys play in which they mr.
mean TO say TINT they own u
: land, and vet do not ownit? Are They blow
: ing hot and cold in the same breath, Ill
, 4E~op's Ceutuur? DO they start buck nppal
, I'd at their own shadow: |! t'ley do no
G GrilEc what s4Drlication'' i. Docs it n1ca
/ euuctl!ing gopd to eat, drink or wear,
II does IL hnvc ans legal tgnitlration whsievc
Il II IL does. why rot say so, nnu let 1t b, kuoV
s TINT, by law, lhc title Of property eau hc Co
= yr,cd l'y "isl,cerant u:d dedication us {
!, iectuully and completely ns by my 9th
u cntlycya1lcr HIS nut ,ile Supreme Court
the State Of Illinois. decided that point
Il | six different and distt"ct cas-
!! and Is not ,hnt u; e., ,,,,,I u
Stnlcs suptuue Court SO decided III Il: leu
a four distinct casc5 .......
II THE NECESSITIES or BUSINESS.
~ But sn.s Doctor nsu scunior Mack, :" II
> necessities Of f,lislncss demand that IN
'c property should be ahnndonc1 as II publ
l. imtk uud converted Into rail!onl depot
y Necessities OF business! The field III Il
l. law in nnw abandoned, md the people Ill
the Legislature arc invited to alscltss'
rs vi the necessities ol ltlsin.ss.
i, 1t It is, thcn It nu longer becomes aucstl'
nr ol ownrr>llp but appropriation. The title
It's conceded 10 be- II, ihr city, hut bustn.
n demands that 1t sAnlt be surrendered up
~ private u.cs. Gun TINT be done? Lei u, 81
al lct ii be l,oruc III mind, 1rbs, {as II is a
It sljttcd), that this laud lu question u
rd dedicated md set apart to the state for pl
t. lie u.cs uuJ, tccoilt1y, that individuals hu
he bought property With that uuuerstandtt
upd fronting upon this property or ad!a c
Ct toll. Cau this public Squire oc tivelto ! IT.
X Have nut indi,iduals usqu!rcd rights by :
na s'c diverted ! IN thc case Of i
city Of Cincinnati "a. White, q Peters, 4:
on barclay -. Howell, Il Peters, i9', and n I
cueu oI tl,c Trustees Of Watcrtown, ! Pal:
'c- alH, thE poin, Ia csprrssly decided anc
Gu these cascs mean npyihing, they mean II
II, | surll Thing cnunut be done.
ry THE ILLINOIS CENTRAL NOT NirAhl
he OWNERS.
ty But, eays Doctor md Scuntor Mack, tho
I'll nols Central lsnilrond arc the sipaEian I
lc, ptietors and, therefore, they a1c entitled
rs all tic nccret.ons, aud, therefore, they
de- entitled 10 lhc lake front.
y, one eiaslc point vii ew
ca away all the .'lcarned punlieisl
ads cSuheraucc Of learning, md that Is tt
'lic The lllr ois Central Ita;lroad Company ne
Inc obtained anything more tlan LII easem
,r. OYER the land ~ question, merged or s
ra- privilege, never carried with it the title
nee any at tho laud ut nll. Il it did, it carl
.ht with 1t all Lake Michigan equally Us III
ub- as il did the lake front.
All The right which they eyer claim ID
nee would claim 6as the right Of easement,
Sll- that was exactly what tucy did claim "
su- they 60, into the city, as any one may see
sois nois Central Railroad Company rs. Ruckc'
sGa, ILL.,, $50, The State Of Illinois, by q 20
of equally grcnt with tho Illinois Central
nc, road Company, has granted to the cit.
tam Chicago the right to the waters md bct
AUG Lake Michigan one mile east Of the shol
ITO said lake, md, therefore, the city Is as II
pro- owner by graut from the Stare as the Hi
into Central Railroad Company mud whereyc
I It easement is simply granted, the party Is
e Of cuti.lcd to the caEcmcnt and it dies MOI 1
to IL tue original title to tho property a
and never DID.
And It Is we'll settled in England an
lao. this country that if u party Is coulnelle
saF- give railroad company an eas :mcnt
bis lands, and it onlatns q sto ae-quAErv
sons ca T still continue to dig the stouc md {
AVE | them away us lie is not Invested OF the
I 1ytfa u ,fS. .r@Tf