The evening times., 1900-03-19


the United States Supreme Court, handed
down last week, settles a matter of in
terest TO every Chicagoan, involving as il
does the right of the citizens to 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 TO 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 at 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 in
clear terms and in such a broad
manner that il must affect
great deal of litigation still pending
touching the right of the Illinois Central
to land worth something like 10000, 600 all
along its right Of way; in fact, from Six
teenth Street to Fifty-frst Street. 1t
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
long way out, and particularly at the en-
trance to the harbor
The case is an old one. and the litiga-
ton. some Of il still unsettled. has been
dragging on for nearly twenty years. The
railway company bases its right to the
land in all cases on its charter. particu-
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-
sary, 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 city's 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 TN
til he died in 1897, assistant TO President
Stuyvesant Fish. made ii 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
city, made ii his especial business to fight
the company on every possible occasion.
At times the fight narrowed into the
personal domain. the famous cartoons de-
picting the railway company as a hog were
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 if the animal should
show any more developments in that line
drastic legal action would be taken.
There was a time when the Illinois Cen
tral feared that il would lose its right of
way over the lake front so far the
downtown districts were concerned. An
Intermittent legal fight was always kept
UP as to the railways right OF way down
town. and il 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 20 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. the
street Immediately fronting the lake has
been beautifed by the city. and made a
rather presentable frontage for visitors at
the principal hotels to gaze upon. 4 last
ing settlement Of the right to occupy the
lake front was highly satisfactory 10 the
railway officials. Its remaining an open
question was d severe drain on the special
service fund. and it was a great deal
cheaper to pay between 81 000. 600 and So
GOO 000. 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. az
at the rate things are moving now ii will
not be long before the shore line viii be
some distance east OF the right Of way
which will leave land subject to the con
troll of others or for which they Will have
10 pay between the tracks and the lake
shore.
To the general public it is Of greater
moment that the right of property owners
along the north shore to make land and to
claim it when made has been effectually
barred. For seven miles along the north
shore owners of land on the lake front
gave been seeking in one way and an
other to make land and the public has for
q long time been TO all intents and pur-
chases barred from access to the sub
merged land and shallow water al the I
front. And now that all efforts or claims I
OF this kind are rendered yalueless bv the /
Supreme Court of the United States tho
sitting up and depositng of sand viii be +,
left TO nature. which year by year p,aces
the site Of old Chicago further west
1t is not unduly sensational to say that.
turned inland. the accumulation of land
eastward during the next fifty years will
entirely change the relative position OF
and streets to the lake The
water in the present harbor is with diff
Guilty kept dredged, and outside of il the
lake gets shallower year by year. Ii seems |
clearly desirable from the public point of
view that nothing should be done TO has /
ten the drying-up process.
The railway company fought the last !
case tcCth and nail and Judge W. b 4
Guthrie, Of New York, was the special 4
counsel employed to argue the case before /
the Supreme Court. President Fish has
not expressed himself on the decision per- /
tinently. Local officials acknowledge ifs |
scope, and there in is the most satisfactory /
feature OF the opinion handed down last
week by Justice Brown.
Rare Surgical Operation
NEW YORK, March l9.-There was a
rare surgical operation successfully per-
- Dali IT,,