Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-12-06
FIELDS OPINION.
Affirmation by The United States
Supreme Court
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OF A DECISION RENDERED
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OF a DECISION RENDERED
In Favor Of Chicago Against tho ILL.,
nOiS Central.
Millions OF Dollars worth of Property
Involved, Resides wharfng
Privileges.

WAsnfSuToS, DC, Dec. 5.-The
opinion OF Justice Field In the well
known Chicago Like Front cases Is
one Of great Importance, aside even
rom tho great value Of the properly
and tho controversy. To n consider.
able extent II lays down new laws.
Tho controlling spirit OF the decision
is the sovereignty OF the people over
even thor own legislatures. This opin-
ion IS very long and elaborate. After
the point mentioned above IL comes
down 10 the chief question In the case,
via, The right OF the Illinois Central
Railroad company 10 tako for It's own
usu submerged land extending into
Lake Michigan from tho shore TO the
line.
The court brushes aside the technical
crlticlsnis made TO granting the act Of
1859 aud squarcly meeting the propo-
sition that by this act the Legislature
ex ecded It's authority, says, the states
title TO the lands under navignble
waters like Lake Michigan Is different
In character from that which the state
I old 10 land intended for sale. IL Ii a
title held In trust for the people OF the
state that they.mhy enjoy the naviga.
ton OF the waters, carry on commerce
over them and have the liberty OF fish
Ing therein freed from the obstruction
or Interference OF private partiep. The
state can no more abdicate its trust
over property IN which the whole
people are interested, like navigablc
waters, than II can abiicate its powers
"a "A M mi AZ Fot af
and the preservation OF peace. In the
administration OF government the use
OF such powers may for limited
period be delegated 10 u municipality
or other body, but there always 70.
mains with the slate the right TO To.
woke Those powers anu exercise them
In more direct manner aud one more
conformable to Its wishes. 10 with
trusts connected with public property
OF IA special character, Ike lands under
nhvigabie waters, they cannot be placed
entirely beyond the discretion anu con-
troll OF the state.
The harbor OF Chicago In OF immense
value to tho people Of the state OF ILL.,
nois In the facilities II affords 10 Its
vast and constantly increasing com.
merce. And the Idea that It's legisla.
ture can deprive the state OF control
over Its bed and waters and place tho
same In tho hands OF private cor
poration created for different PURPOSES,
ope limited 10 tho transportation OF
passengers and freight between distant
points and the city, Is q propo.ition
that cannot DO defended. The area OF
the submurged lands In question Is as
large Nh that embraced by all the MGR.
chandiae docks along the Thames at
London; much larger than that
included In the famous docks
and basins ut Liverpool. Twice
that OF the port Of Marseilles,
and nearly, II not quite, equal 10 the
pier area along the water front of the
city OF New York; and the arrivals and
cleRrings OF vessels at the port exceed
in number those OF New York and
are equal TO those Of New YORK and
Boston combined. II Is hardly con.
ceivable that the legislature can divest
the control Of the state over the man.
agement Of this harbor and vest IL
absolutely In q private corporation.
Any grant OF the kind Is necessarily
revokabie, and the exercise OF the
trust by which tho property ia held by
the state can be resumed at any time.
The opinion also aiilrms tho de.
crees OF the lower court as respects tho
clty's claim TO the ownership OF streets,
alleys and other public grounds on tho
reclaimed lands. Justice Shiras In
oral dissent said In his opinion the
grant OF tho state TO the Illinois Cen.
trail Railway company was valid
grant when constituted a contract
belween tho railway aud state and one
which could not not DO taken away by