The evening times., 1900-03-19


down last week. settles matter of in
terest to every Chicagoan. involving as it
does the right Of the citizens 70 perma-
nent proximity to the lake front. The
particular case decided was that OF the
City Of Chicago against the Illinois Cen
tral Railway and touched on the right Of
the railway company 20 build a round
house on land made from submerged land
between Twenty-hfth and Twenty-sev-
enth streets. the piece OF ground being
about four acres-in extent.
The case had already been before the
Superior Court Of Cook county and the
Supreme Court Of Illinois. But, though
the point al issue in the case just decided
was only as to the right to the made land
on which the roundhouse stands, the Su-
preme Court expressed itself N
clear terms and in such a broad
manner that it must affect
great deal Of litigation stHl pending
touching the right Of the Illinois Central
to land worth something like SlOO 600 all
along its right Of way; in fact from Six
teenth Street to Fifty-frst Street. II
also establishes a precedent which must
govern the actions OF property owners in
the northern part Of the city, and who
for some years have been zealously max
ing land, causing sheltered water for a
long way out and particularly at thu en-
trance to the harbor.
The case is an old one and the litiga-
tion. some OF it still unsettled, has been
dragging on for nearly twenty years. The
railway company bases its right to the
md oil .r.a
laarly on section 3. which states that the
company shall have the right to all such
lands. waters materials. and privileges
belonging TO the State as may be neces-
saTy, including land necessary for engine
houses The Supreme Courts decision,
however, declares that the State Of Illi-
nOis has no right to grant submerged
lands within the citys boundaries and
that the State must hold control OF them
in trust for the people. subject in this
case TO the control Of the City Council
The story Of the railway cOmpany's sue
cess in acquiring this land is remarkable
FOR in all something like forty acres have
been taken in along the right Of way. The
late JOHN Dunn, for many years. and IN
I'll he died in 1897. assistant 70 President
Stuyyesant Fish. made il his special work
to tie the contest over the lake front into
the most complicated legal tangles while
the editor Of the Daily News" OF this
Nllys mdQe IT MS especial LsislneSS 10 ugnt
the company on every possible occasion.
Al times the fight narrowed into the
personal domain. the famous cartoons. de-
piCting the railway company as a hog we're
devised. and the features OF the animal
on several occasions had curious re-
semblance to certain officials Of the COM
pany. Indeed on one occasion the editor
was told plainly that il the animal should
show any more developments in that line
drastic legal action would be taken.
There was time when the Illinois Cen
tral feared that IL would lose its right OF
way over the lake front. so far as the
downtown districts were concerned. An
Intermittent legal fight was always kept
up as to the railways right OF way down
town. and 10 was only two years ago that
the matter was adjusted by compromise
the company agreeing to lower its tracks
and stations. building heavy retaining
walls and paying the cost Of filling in the
land east OF its tracks as FAR as the inner
breakwater. the land thus made 90 be
turned into a public park.
This work is still going on. though the
tracks and stations from Sixteenth street
TO Randolph Street are now hidden. and
the long strip OF land west Of the railway
and between It and Michigan Avenue. III,
street Immediately fronting the lake ha,
been beautifed by the city. and made
rather presentable frontage for visitors al
the principal hotels 10 gaze upon. 4 last
ing settlement Of the right to occupy the
lake front was highly satisfactory 20 Tho
railway officials. Its remaining an opeI
question was a severe drain on the spe.ia
service fund. and il was a great dea
cheaper to pay between 81. .OO0. 900 and s.
coo goo. the cost OF the lake front improve.
ments. than to continue the fight
illinois Central officials are not how
ever. so well satisfied with the final settle
ment Of the submerged lands question. a,
at the rate things are moving now il will
not be long before the shore line will be
some distance east Of the right OF Eay
which will leave land subject to the con-
troll Of others or for which they will have
70 pay between the tracks and the lake
shore.
To the general public it is Of greater
moment that the right Of property owner.
along the north shore to make land and L
claim il when made has been effectually
barred. For seven miles along the NORTH
shore owners Of land on the lake from
have been seeking in one way and an.
other TO make land, and the public has fol
long time been to all intents and pur-
chases barred from access to the sub
merged land and shallow water al the
front. And now that all efforts or claim,
OF this kind are rendered valueless bv tbe
Supreme Court OF the United States. N,
sitting up and dePositing OF sand will b,
left to nature. which year by year p,ace
fht site VI Olu OulCdsC luIlneI west.
IL is not uuduly sensational 20 say that
now that the rivers current has beel
turned inland. the accumulation Of LAM
eastward during the next fifty years viii
entirely change the relative position o
property and streets to the lake. Tn
water in the present harbor is with diff
Guilty kept dredged, and outside of il tn
lake gets shallower year by year Il seem
clearly desirable from the public point O
view that nothing should be done to has
ten the dryiug-up process
The railway company fought the las
case tCCth and nail. and Judge w r
Guthrie, Of New York. was the specia
counsel employed to argue the case befor
the Supreme Court. President Fish ba
not expressed himself on the decision ner
tinently. Local officials Acknowledged A.
scope, and there in is the most satisfactor
feature Of the opinion handed down las
week by Justice Brown.
Rare Surgical Operation
NEW YORK, March 19-There was /
rare surgical operation successfully per
formed in the Bellevue Hospital by Dr
Eporga ID Stewart On Tbpre1.,,- 10. n.