St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-12-06
LOST MILLIONS.
Decision by the United States SUI
preme Court in the Chicago
Lake Front Case
BY 1t the City Gains and the Illi-
nois Central Loses Reclaimed
Lands Worth Millions.

WASHINGTON, Dec. 5.-The United
States supreme court delivered its de
cislon through Justice Field in the Chi
cago lake front case against the Illinois
Central Railroad company in favor of
the state of Illinois, substantially affirm
ing the holding of the court below-the
circuit court of the United States for
the Northern district of Illinois. The
subJectO the suit, the court said, was
to obtain a judicial determination of tine
title of certain lands on the lake front
of the city of Chicago which had been
retained from the waters of the lake
and are occupied by the tracks, depots.
warehouses, piers and other structures
used by the railroad company i'll its
business; and also of the title claimed
by the company TO the submerged
lands, consisting of the bed OF the lake
lying east of its tracks within the cor
pOrate limits of the city for the distance
of mile.
The court lays down with broadness
and emphasis the modern doctrine that
the same rules which apply to the
sovereignty over lands covered by the
tidewaterS within the limits with the
several states, are applicable to the
lands covered by the waters of the
great lakes of this country over which
is conducted an extended commerce
with different states and foreign
countries. These lakes possess all the
general characteristics of open seas eX-
cept in the freshness of their waters
and in the absence of the ebb and flow
of the tide. In other respects they are
inland seas and there is no reason or
principle for the assertion of dominion
and sovereignty over ownership by the
state Of lands covered by tidewaters
that is not equally applicable to its
ownership, dominion and sovereignty
over lands covered by the fresh waters
of these lakes.
Discussing in detail the facts pre-
sented by the case, the court
says the act of the illinois legis-
lature, within certain limitation,
puts it in the power of the company to
delay indefinitely the improvement of
the harbor. OF to construct as many
docks, piers and wharves and other
works as it might choose, and at such
positions in tine harbor as might suit its
purposes. and permit any kind of bust
ness 20 be conducted thereon, and to
lease them out on its own terms for in
definite periods. A corporation created
for one purpoSe-the construction and
operation of railroad between desig-
mated pointS-iS, by the act, converted
into a corporation TO manage and prac-
tically control the harbor of Chicago.
not simply for its own purposes, as
railroad corporation, but for its own
profit generally.
The court maintains that the trust in
volved upon the state is for the public,
and is trust which can only be dis
charged by the management and con-
troll of property in which the public has
an interest and cannot be relinquiShed
by transfer of the property. A grant
of all the lands under the navigable
waters of state has never been ad-
Judged to be within the legislative
power; and any attempted grant of the
kind would be held, if not absolutely
void on its face, as subject to revoca-
ton. The state can no longer abdicate
its trust over property i'll which the
whole people are interested, like nav
igable waters and land under them, so
as to leave them entirely under the con-
troll of private parties. than it can abdi-
cate its power in the administration of
the government and preservation of the
peace.
The chief justice, having been of
counsel in the court below, and Mr.. JUS
tice Blatchf0rd, being a stakeholder in
the Illinois Central Railroad company,
did not take any part in the coDsidera-
ton or concern of the business. Judge
Shiras dissented without Stain at-any
length his reasons for dissent from the
opinion. Justice Lamar left the bench
before opinion was rendered, but con-
Cured in the views expressed.
The opinion of Justice Field on this
case is one of great Importance, aside
even from the great value Oh the prop
erty i'll controversy. The decision will
likely form landmark in future litiga-
ton. TO considerable extent it lays
down new laws. The controlling spirit
of the decision is the sovereignty of the
people over even their own legislature.
The opinion was very long and elabor-
ate.
The case involved titles to submerged
lands along about one and four-fifthS
miles of the water front of the most val
liable part of the harbor of Chicago, the
value of the property in litigation be-
ing estimated at from S6,000,000, accord
ing to the figures given i'll court by
Counsel Jewett, of the Illinois Central,
to $40. 000, 900, the largest estimate made.
About 1,050 acres were in dispute. By
virtue of an act of the Illinois legiSla-
ture, passed in 1869, when the city of
Chicago was small town and its great
possibilities were probably forseen by
no one, the Illinois Central company
was granted certain rights in the water
front of Lake Michigan, at Chicago. for
railroad purposes, and it was claimed
by the railroad company, the right also
to the water front itself.