The Saint Paul globe., 1897-05-27

and manufacturing purposes, and one of the
parties protesting and conlesting the appli-
cation OF the scrip owners Is the state OF
Illinois, through the commissioners of Lin
coin park, in Chicago. who appear as the
agents of the state A portion Of this park.
which stretches along the shore Of Lake Mich
igan with connecting boulevards and drive
ways, is involved.
The first official survey made Of Township
SO by the land department Of the United
States was on June 80, 1S21,.. This distinctly
dairy Of the fractional section 10 north OF the
Chicago river, and the Chicago river to be
its southern boundary, while the regular sec
tion lines bound 1t on the west and north.
nearly a direct line east into the lake. On
May II, 1881, Robert A. Kinsie made pre-
emption cash entry for 'the lot or north
fraction of section No: 10 Of the township. tow
containing 102 acres" On March 8, 1897 pat
ent issued for said entry, describing the land
distinctly. The Official plat exhibits the water
line of Lake Michigan and the Chicago river
as marking the boundary Of said lands re-
specnively on the east and south at the time
of the survey. Among the entry papers OF
Robert A. Kinsie Is found an affidavit by him,
dated June 2, 1885, showing cultivation OF and
residence upon the lands embraced in his en-
try, and stating that Lake Michigan Is the
eastern boundary thereof
The fact is irresistible that the north
pier has been the cause of some additional
land made, and now found to be part Of
the main land, and Of the land In controversy.
In 1891, parties under contract with the Lin
coin park commissioners filled In on the
bed of the lake, large body OF land adjoin-
ing the land lying east of the survey line
of 1921, and the additions formed. Such fll-
ing has continued to such an extent that
there now exists opposite said east line Of
survey 1922 acres Of land. The scrip own
ers contend that Kinsies eastern boundary
was the survey line run west Of the shore
line, and that at the time of patent there
remained vacant and unappropriated over 90
acres between these two lines, and that Kin
sizes entry did not touch the waters of Lake
Michigan at any point; that the land east
of the survey has constantly increased by Sc
cretion to the extent of 100 acres, all Of which
is vacant public domain Of the United States.
A careful examination fails to sustain this
contention. The term "meander" means
surveyed line run from one corner to another,
following the water course near as may be
to define the stream or lake by boundary lines,
courses and distances of their sinuosities." Sec
ton 10 is described as fractional. What made
it fractional? Most assuredly, the lake shore.
The water line of the great lake. The bank
alone did not make it fractional. Observa-
tions from authorities examined being in ac-
cordance with my finding of facts and with
the law applicable thereto must hold
that the patent to Robert Kinsie conveyed
to him all the land to the waters of the lake
Michigan. as the shore line existed at the
time of his entry and purchase, and decide
accordingly.
AS to any land which may form after the
entry and to the date Of patent, it must be
held that such Injured to the owner Of the
main land since the title by patent related
back and took effect from his entry. It is
immaterial to consider the rights between
those who claim through the original riparian
owner in this case as to lands formed by
accretion since the Kinsie entry, and the
claimants who deraign title from the state
of Illinois, and who are also parties to this
hearing since it is the province of this Of
fee at this time to confne its attention to
the question whether the land in dispute is
vacant unappropriated public land of the
United States subject to entry. Having found
that said lands are not public lands of the
United States it Is unnecessary to determine
further as to the titles of these parties.