, 1879-01-26

! the land at greater price, set apart a por
ton for public purposes, if it had any forcs
thirty or forty years ago, or at the time the
land was sold, and sold under the condition
that the park was forever to remain open tx
the public, can certainly have none at this
late day, when public and private rights have
become vested, and have been over and oyel
again affirmed by the State.
We belieye that it is rule Of law that,
where land is donated for a public purpose,
and, subsequently, that use and purpose be
abandoned, the land, if claimed at Ill, must
revert to the original donor If the land
granted in 1927 for the canal has ever since
1886 been diverted from its original purpose,
then it would seem that the right Of reversion
is not to the State, nor to the Canal Commits
sioners, but to the United States, which alone
is entitled to make claim at this late day,
after nearly fifty years undisturbed pos
session.
Even admitting that in the remote future
the Canal Commissioners shall be authorized
to sell lots in the Lake-Front at public
auction, there will be some matters to bo
first adjusted. In the first place, the owners
avenue, from Madison street to Park row,
who bought this land under the condition Of
park, will require to have their damages
compensated. In the meantime the city has
made extensive improvements in this Lake
Front. It has filed all that part of the park
which was submerged with water. It has
put in the park several millions of cubic
yards Of filling, which at the moderate cost of
so cents per yard will call forseveral millions
Of dollars-perhaps more than half as
many dollars as the whole property could
possibly be sold for. For thirty
years the city has been making annual
expenditures for improvements. When,
therefore, Judge GLOVER and his fellow
Commissioners shall have obtained decree
to sell the Lake-Front for the uses Of the
Canal Fund, they will find that, after they have
settled all damages due to the private own
ers Of property on Michigan avenue, and have
compensated the city for its great improve
ments, it will be about an even thing
whether the proceeds Of the sale Of the
property leave deficiency or surplus.
The whole scheme to seize the Lake-Front
and sell it to apply to the canal rests upon
legal and historical fabric so delicate and SO
weak, so much exposed to the rough blasts
Of truth nnd long established and accepted
facts, that it is probable TINT it will drop
with the publication Of the legal opinion
given to sustain it. The agitation Of tho
question, however intended, is calculated to
seriously injure the progress Of work on
the canal and river improye yement. The
holding out of IN idea that great fortune
counted by miliions-has been discovered
o belong to the canal may have the effect of,
II ut least will be used as reason for. |
making no further appropriation BY the Leg
stature. The whole idea that the Lake |
'front.' belongs to the Canal Fund rests upon
point-blank denial Of an act which for
more than forty years has been stamped as
. fact upon the history and laws Of Illinois.
Tor the Canal Commissioners to suggest this
Wild and visionary scheme, which at best is
one Of spolation and Reputation, will not,
re hope, result in m abandonment Of the
anal by the Legislature in the matter Of