, 1875-12-01
THE LAKE-FROMT.
Abstract or Tito Of the Threc
Blocks Now In Dispute.
The City Has No Rights In Them Which
Arc Worth Purchasing.
Why the Illinois Central Is Willing to PaJ
100000.


70 Gs4 Editor u TIE Chteaao 7rtbuns:
Curoluo Nov. ao,-I have Ind occasion to az
anime an abstract Of title that lcd mo to tho
legal history OF the tako-Frons, and ut leisure
honr prepared tho following paper. thinking It
might be useful TO you IN any editorial discus
sion OF tue uubjcct In The Tntnuyr. hayo no
intorost in tho question, directly or Indirectly,
| except that Of any other citizou or taxpayer:
| It uhJ be Of use to tho Aldermen and Comp
! trolter who Ato now dealing with thfn question
to have m abstract Of tho title to tho aoove
tract Of landt aud tho riparian rights attached
| thereto. They sooul 10 bo eithor ignorant or to
have vast amount Of mIaInformatton upon tho
| subject.
It appcara from tho csso Of Wilcox ". jack
son, reported In IS peters, 4o8, caao decided by
tho Supreme Court of the United States, that
fractional Eco. 10. embracing tho terri
tory eoGhasd Gssao BY adssh ~, an State
on the 1at Of October, 1924, reserved from HaIo
for military purpoaoa bv order Of John e. Cai-
llos!n, then hocretsry Of War. Theso boundaries
and Kinzio's Additions. aud sccrotions from tho
lake. Previous to this time, John baptista I3caa-
bien had entered upon and at tho time OF tho
reservation occupied part Of the sIaot o. tho
south side Of tbs E.yor. In 1871 Robert Kinz'e
fraction Of fractional Seclion 10, or 30 mitch Of
the socs1on as lav Moth Of tho rl7er. In 1894
Heaubsen undeltook to PEo-ompt all that portion
OF tho resersntion lying so,lth Of tlo river. .t-
GLIDING Fort Dearborn, and known as tho sontil.
west fractional quaTtnr, snd In 1856 he.ubtaincd
= certificate from the Register Of tho Land-
Ofdco At Chicago. Flo conveyed To Murray
Mcconnell q well-knovn and emnont lawyer OF
Illinois. Who brought tho ojectment suit Of jack
non vs. Wilcox whn mas an o!licer in command at
Fort Dearborn. In Tint case, tho Bupromn
Court Of the United Stntos decided that tue land
Was not eubsect to entry, and that tho absolute
titlo wha In tbs United BtateB.
Afterwards in 1850. the Secretary Of War do
ter1nined to sell portion Of tho preservation. aud
sent Mr. Difchard, then solscitor Of tho Tscas-
| 1lry, to Chicago to surrey, plat and soil, tho
bsmo. IIo n1dc and recorded tho original plat
Of "Fort Dearborn Addition to Chicago" On
this map. Michigan nyonue was projected TO tho
rlvor, through land thou occupied by tho build
ipga Of Fort Dearborn, but tue tract 10 occu-
/ Mad WAS reserved from Bato and surrounded
| Upon thtB map also tho strip OF ground between
| Randolph and h1adison st:csts, olst OF aud III
cudlng Michigan aronue. mas designated ~
"Publio ground. forever to ronain vacant Of
| buildings" mud, by memorandum added to the
! map it Has declared that ''tAe pnbIfp ground
| batwecn Randolph and Mndieon streots, aud
! fronting upon Lake aiohigan, is not 70 bo ocou-
! pied with buildings o. any doeo!ipt,on."
| In 1915, On motion OF Aid. Bcammon, tho
| Street Commissioner OF Chicago waA directed 10
| remove "&ho obBtructouy at tho north eud OF
| Michigan avenue" Mr. Scanlu,onB theory at
that llmo evidently was that, by tho recording Of
| turo Of Illinois Of Feb at, 1889. tho leo In Acn-
| igau ayonuc vested In the City Of Chicago
| tn trust for tho public and subject TO
| the control Of tho municipal authorities.
| ton Of a part or the United Btatss buildings,
| the Attorney GenorA| interpohed and applied for
Injunction to restrain the action OF tho Strcet
Commissioners. Ihe case went to tho Supreme
| Court Of the United States upon q certificate Ut
division iu opinion bst"een the Judges Of tho
| District and Circuit Courts upou tho question
whether making and recording tbs map did
no: convey tho legal estate in tho streets to tho
Guy q Chicago so % 10 ausho'lzo said city to
| keep thom opan." ...-.
THO sufremo Court decided thst tho making
aud recording OF tho map had no such o1leot,
and that tho feo was ID tho Untod States. The
case is reported in Howard, 195. Judge Drum
mond took the same vaw OF this question In tue
csso Of the United 8tates vs. Illinois Con.
tral RAilsoad Company. reported in I'd Bissail,
md applied the sule Of tho Supreme Court TO
tho tract of land lying between Randolph md
Madison streets. UnsesH the foregoing facts cap
be controvettod, or the dec!sions Of the Supreme
Court royetsed, it Is apparent that tho City Of
Chicago has no intoreht, legal or equitable, to
that tract. The pEoperky-o"nors Abutt!ng upon
ment for alr, and light, and OUTLOOK, bat no
riparian right can attach thereto except for tho
protection OF the easement. Why il 1t, then.
/ that the Illinois Ceutral Railroad COMPANY ID
ready 70 pay 20 tho City Of Chicago large sum
ho written on7 1t is probably because
the managers OF that Company uuder-
s,spa ssn, ,o ha H. lGs yoy sn ~ vauase o
tlou that it shall nag Or be eyer ready and will
| !nB To pay s800. 000 to tha city. And this leads
Us to further investigation Of tho title to tho
Lake Front.
Tho tract Of land betvesn Madison and
Twelfth streets. fronting on the lako and known
| ~ fractional Hec. 10, was granted to tie State
Of Illinois for constructing the canal 10 thia
grant undoubtedly al riparian rights are at
!he open space between The line Of blocks aud
tho lako "a Michigan avonue." They lage
never parted With the ttsc OF tho State except AZ
they have dedicated th!s "trip Of land for pub
thorixed tho llllnoi. Central Hallway to co.. o.
atruct and operate its road along tue ronte nov
occupied by IT, and 400 feet east Of the
west line Of the avonue. Thus tho sitIe stood
known 40 tho Lske-Front act. This act contains
four several grants, aa foIloHas
frat-A giant in fee to tue City Of Chicago
OF the land oetween Monroe etroet and Park
ToT @ .id Michigan Ayonus ~ now known and tue
1llinoio Coulral tracks. There is uo reason 10
supposo that this grant IL imperative.
Str0nd-A grant 10 the Illinois Central Ball.
road Company IN fee, With al s1pAtian riRhtss Of
tho submerged aud other lauds east Of tho
railway teActs aud extending from tho eouth
pier OF tho river 10 tho illinois Central round.
house. How far this grant ia operative it Ia not
our province to inquire, but that II ia doomed
| very valuable BY tho Company to obyioua,
Ihird-A grant to tile Illinois Central Hall-
road COMPANY. tho Chicago, Burlington i
| Quincy Ita,lroad Company, spa tho Michigan
| Ceptfai RAILROAD Company, OF tho lands between
| Monroe strset. and Randolph street. and Michi-
gan avenue. apd the railway tracka. Thia tract
contains thfNH ht0ckd nf w1t1cG kAfonu In
tho United Htatss subject to tho dcdiostiou do
clsrod by Mr BuEchard aud to the legal effect Of
the Lake'FIont acs: The remaining block did,
until tho act Of 1859. belong to tho 8ssts. sub-
era and Which technically yes.od tue Tee in tho
city Tor tho purpose Of street only,
:, Ine foregoing grants wore upon condition tEat
| The hsirosd Companies should pay to tho City
Of Chicago esoo, 100. hoaalueas and wllling-
! ntss to. Pay this sum ~ oompli-
| spra Nth tlsa cnl.litinn and ,xi1i .,ra.