Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-12-06

as 20 right VI over the maze TanQ, DuT en-
joined the company from further encroach-
ments upon the lake. n. The decree gave TO
Chicago the title of the land on the lake
shore south OF Randolph street.
First Concession to the Road.
The first concession granted the Illinois
Central was in 1852, when permission was
granted the railroad to build tracks along
the shore from Twenty-second street to
any property it might own north Of Ran
dolph street, and that the company might
use for its tracks tract of land 300 feet
wide lying 400 feet east of Michigan ave
nue.. The land was under water at the
time. This was done, and the submerged
land filled in. In 1856 the city council al
lowed the railroad to fill in and use a tri-
angular piece of land commencing at a
point 700 feet south of Randolph street. In
1869 law pas passed giving the road the
right to fill il the lake for one mile east of
its right of way
The City Begins Litigation.
In payment for this land the Illinois Cen
tral offered the city an installment of $780,
600, but the city council refused to take the
money, saying that it would not do so un-
til forced to by the courts. In 1873 the act
of 1869 was repealed, and in 1874 the rail
road company asked for and was given the
500, 600 that it had offered the city. Suit
was begun in 1880 by the city for the pos
session of the reclaimed lands. 1t was tried
in the United States court before Judges
Blodgett and Harlan, Melville w. Fuller
acting for the city, Judge Harlan decided
that the law OF 1869, upon which the rail
road based its claim, had been properly re-
pealed, and thai the company could claim
no rights under it: the company had no
claim to the submerged land south of Ran
dolph street, and that all riparian rights
belong to the state and to the city through
the state.
Claims of the Windy City.
The Illinois Central waited two years
and then took an appeal, which has been
pending ever since. In his argument before
the court Corporation Counsel Miller sum-
married the case as follows: 1--WE hold
that the city of Chicago is the owner in fee,
in trust for public uses. of the public
ground south of the north line of Randolph
street to the shore of the lake, known as
lake park. And that the city, as such, is
entitled to the rights of a riparian power,
and that the title of the city attaches not
only to the land originally upon the shore
Of the lake, but to land that has become
attached thereto, either by natural accre-
tions or by artificia! additions or filings.
oNhs the rec OF i4le Ri[ht-OI-"aN.
"We hold also that the city is the owner
in fee of the land occupied by the tracks of
the Illinois Central Railroad company
from the north line of Randolph street to
the south line of Lake park. subject to the
rights of the Illinois Central Railroad COM
( pany under the ordinance of June IA, 1852.
! And that. because of the dedication of this
! property to public uses, and the s@,+ ST lots
ahutting thereon. according to anl on the
faith OF such dedication to such public use
/ by the United States of the land in Fort
! Dearborn addition, and by the canal COM
missioners,i sand the expenditure not
only by the city of Chicago of moneys
raised by general taxation upon the south
division of the city, but by special assess
ments upon property specially benefited.
and 10y the property owners abutting on
! Michigan avenue, in improving and pro-
tecting this ground-it is not within the
/ power of the general assembly by the act Of
April 10, 1868, to divert this land. or any
; portion thereof. or rights incident thereto,
/ from the use to which it was so devoted. or
deprive said land of the riparian rights in
cident thereto by granting to the Illinois
Central Railway company the fee OF the
bed of the lake in front of and adjacent
{ thereto