Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1892-12-09

are interessed, like navieable w.,er.
than It can abdicass lite powers in the
administration Ct government and The
preservation Of peace. In the id min.
istration of government the use oil
such powers may for limited period
10 delegated to . municipality OF othe.
body. but there always remains With
the State the right TO revoke those
powers and exercise them in q more
dire CT manner and one more conform.
able 70 ;ss wishes. So with trusts
connected with public property Of .
special character, like lands under
navigabls waters. they cannot be
placed entir~ly beyond the discretion
and control of tho State.
The hsrbor of Chicago is of inn
me"se value to the people Of the State
Of Illinois in the facilities it affords to
it, vast ADD constantly increasing
commerce. Aud tho idea that its
Legislature can deprive tho State of
control over its bed and waters and
place tho came 10 the hands of +.
private corporation created for differ.
ent purposes. and freight between
distant points aud tho city, is . prop
osision that cannot be defended. Ire
ares Of the submerged lands in ques>
ton Is a. large - that embraced BY
oil the merchandise docks along the
Thames At London; much larger than
that included in the famous docks and
basis At Liverpool. Twice that of the
port Of Mars.illrs. and nearly. if not
quite. equal to the pier ARA along the
water front OF the city Of New York;
and the arrivals and clearines Of
vessels At the port exceed in number
those OF New York and are equal to
those of New York and Boston COM
h,ned. It is hardly conceivable that
the Legislature can divest the control
Of the State over the management Of
this hsrhof and vest it absolutely in {.
private corporation. Any gran, Of the
kind is necessarily revoc.ble, and tho
exercise of the trust by which the
property Is held BY the State can be
resumed at any time.
Tic opinion also afirms tho DEGREES
OF tho lower court - respects the
ritvs claim to the ownership Of
streets, alley. AID other public |
grounds on tn. reclaimed lands. Jus.
t'ce Shiras in oral Dissent said in his !
opinion the grant Of the State to the
illinois Central Railway Company was
. valid grant which constituted . con.
tract between the railway aud State
aud ono which could not be taken
away BY . subseo uent arbitrary act o.
the Legislature. The State could
regulate the use of riparian waters by
the railway company 90 As to protect
public interests. Tie effect OF tho
decis.on is more agains, tho railway
company than the decision of Justice
Harlan ard Judge Blodge,s in the
Circuit Court for it makes possible the
loss BY the company Of some pier
property it now occupies.
The illinois Central Railroad Con.
pany is really . British corporation,
- the bulk Of ito securities is owned
IN Great Britain. When the Lee,.-
sture of Illinois granted il it. char.
er it ~as stipulated that the com pany
should in return and in lieu Of all
axes, pay to the State, forever, six
Der cent. of its gross receipts. The
privileges given it were great and OF
value; but the corporation
as ever been asking for "nore!
nere" and succeeding legislature
ave granted it about al it has asked. ii
this way II managed TO acquire
that it has sought to have confirmed !,
an equitable title to the submerged :,
{ "made" lands in its vicinity, be y
et~een its track and the waters Of D
AXE Michigan. This property, which
already worth many millions OF
ollars, will in time have . value
mos, beyond computation.
But, As intimated above, the opinion
OF much greater importance still in
at il asserts and affirms the con. =
nua'. 'nAlienable sovereignty Of the
eople even over the acts Of their
uolic servants. Henceforth corrupt