Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-12-06
RIPARIAN RIGHTS.
Chicago Wins Its Suit Over the
Lake Front.
an IMMENSE PROPERTY INVOLVED.

AN IMMENSE PROPERTY INVOLVED.
Its Estimated Value Being Over Seventy
Millions-The National Supreme Court
knocks Out the Illinois CentraPs Claim
to Submerged Lands-Tide Water Law
Applied to the American Inland Seas
Twelve Years of Litigation III fought to a
Close-History of the Case.
CHICAGO, Dec. 6.-At last the great lake
front case, which has occupied the courts
for twelve years, has been decided in the
court of last resort and Chicago is the Win
ner. The case involves land worth, accord
ing to the Illinois Central railway counsel,
100000 and according to other estimates
over S70,000,0O0. The case came before the
United States supreme court on the appeal
by the railway from the decision of Justice
Harlan in favor OF the city, and that decis-
ion is, with some modification, sustained.
According to a telegram from Washington
Justices Shiras, Brown and Gray dissented.
The Washington telegram gives the points
of the decision.
Modification of Harlan's Decision.
They are as follows: The order of the
court directs modification of the decree
below 80 far as relates to certain piers
heretofore constructed by the railroad
company, the United States supreme court
directing that a judicial investigation be
made to determine whether piers one, two
and three near Chicago river and the piers
between Twelfth and Sixteenth streets are
or are not within navigable waters. If
4 II.
pany is divested of its title to these piers.
These piers were built in 1872 1850 aud 1881
and the investigation is to show whether
they extend into the lake beyond the point
of practical navigability, and if they do
that much which extends too far to be is
removed.
The Dock at Twelfth Street.
The dock and pier at Twelfth street over
also involved in the investigation and are
to be abated in the same manner if they
extend TOO far The conclusion OF the
court in full is as follows: 1t follows from
the views expressed that the state of Hi
nois is the owner iii fee OF the submerged
lands constituting the bed of Lake Michi-
gan, whic,l ,he third section of the act f
April rs, 1859, purp5Tta5 to grant to tue
Illinois Central Railroad company. and
that the &ct OF April 10. 1878, repealag tne
same is valid and effective 50 far as those
lands had not been occupied by wharves
and structures completed by the railroad
corporation before It's passage"
Confirms a Modern Doctrine.
The court lays down with br0adness and
emphasis the modern doctrine that the
same rules which apply to the sovereignty
over lands covered by tiGewaters within the
limits of the several states are applicable to
the lands covered bywaters 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 ss5s.
except III the freshness of their waters and
in the absence of the e.b 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
and ownership by the state of lands COW
cred by tidewaterS that is not equally ap-
plicabe to its ownership of and dominion
and sovereignty over lands covered by the
fresh waters of these lakes.
Gives the Railway Too Much Power.
Discussing in detail the facts presented
by the case the court says the act of the
Illinois legislature within certain limita-
tions puts it in the power of the company
to delay Indefinitely the Improvement of
the harbor, or to construct as many docks,
piers and wharves and other works as it
might choose, and at such positions in the
harbor as might suit its purposes, and per-
init any kind OF business to be conducted
thereon and to lease them out on its own
terms for indefinite 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 practically
control the harbor of Chicago.
The Legislature Not Competent.
The act by which the rights were given
| to the reilway was as originally intro
| duced in the legislature intended to give
| these rights to the city OF Chicago. but
was changed so as to give it to the com
| pany, says the court. 1t is charged that
| the company packed the legislature fol
| the purpose.l The court says that the
| question, therefore, to be considered is
whether the legislature was competent L
| thus deprive the state Of its ownership OF
the submerged lands in the harbor of Chi
/ cago, and of the consequent control of its
| waters; or, in other words, whether tn,
| railroad corporation can hold the lands anC
| control the waters by the grant against any
| future exercise of power over them by tnt
| state. The conclusion is that such graut
was not within the states power. because
the whole people were interested.