New-York tribune., 1900-03-19
CHICAGO'S MADE LAND.
A SUPREME COURT DECISION OF VAST
IMPORTANCE

ILLINOIS CENTRAL RAILROAD DEFEATED.
Chicago, March IS CSpeciaD.-The Supreme
Court of the United States handed down de-
cision last week which settles a matter of in
terest to every Chicagoan. involving as 1t does
the right cf the citizens 10 permanent proximity
TO the lake front The particular decided
was THAI Of the city of Chicago against the Hi
nois Central Railway. and touched on the right
Of the railway company to build roundhouse
on land made from submerged land between
Twenty-Gf;h and Twenty seventh SITS, the piece
OF ground being about four acres in extent.
VAST INTERESTS INVOLVED.
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 jast decided only to the right
TO the r-ade land On which the roundhouse
stands. the Supreme Court expressed itself in
clear terms and in such a broad manner that Il
must affect great deal Of litigation still pend
ing touching the right Of the Illinois Central to
land worth something like S10,000000 all along
its right Of way: in fact. from Sixteenth-st. to
Fifty-hrst-st.. and from the Chicago River 10
Randolph-st. II also establishes a precedent
which must govern the actions Of property own
ers in the northern part of the city. who for
some years have been Zsalously making land,
causing sheltered water for q long way out, and
THE RAILROADS CONTENTION.
The case is an old one. and the litigation, some
of it still unsettled. has been dragging on for
nearly twenty years. The railway company
bases lis right TO the land in all cases on its
charter. particularly on Section 5, which states
that the company shall have the right TO all
such lands waters materials and privileges be
longing 10 the State may he necessary. IN
Guiding land necessary for engine houses. The
Supreme Courts decision, however. declares
that the State Of Illinois 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 CT the railway companys success
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 until he died in 1897, as
sistent 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 il his especial business to fight the
company on every possible occasion
FIGHTING WITH CARTOONS.
At times the fight narrowed into the personal
domain the famous cartoons. depicting the rail-
way company as a hog were devised, and the
features Of the animal Oh several occasions had
a curious resemblance 10 certain ofhclals OF the
company. Indeed, on cne occasion the edltof
was told plainly that if the animal should show
any more developments in that line drastic
legal action would be taken.
There a time when the Illinois Central
feared that 1t would lose it's right of way over
the lake front. so far as the downtown distrlcts
were concerned An intermittent legal hght
was always kept up TO the railways rlsnt
of wav downtown. and it only two years
ago that the matter was adjusted by conpro-
mise, the company agreeing 10 lower It's tracks
A,,i15 dino haax walls
paying the cost of filling in the land east OF
its tracks far the inner breakWater, the
land thus made 10 be turned into public park
This work is still going on, though the tracks
and stations from SiEteenth-st. to Randolph
st. now hidden, and the long strip OF land
west of the railway and between it and Michi-
gan-aVe.. the street Immediately fronting the
lake. mas been beautifed by the city. and made
a rather presentable frontage for visitors at
the principal hotels 10 gaze upon. lasting
settlement OF the right to occupy the lake front
highly satisfactory TO the railway officials
It's remaining an open question was a severe
drain the special service fund, and it was a
great deal cheaper to pay between Sl,oooo0e
and S2Go0000. the cost Of the lake front I'M
provements, than TO continue the fight.
THE ILLINOIS CENTRAL NOT SATISFIED.
Illinois Central officials are not, however, so
well satisfied with the final settlement of the
submerged lands question as at the rate things
are moving it win not be long before the
shore line will be distance east Of the
right Of way. which will leave land subject to
TO pay between the tracks and the lake shore.
To the general public il 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 have been seeking in one
way and another to make land, and the public
has for q long time been TO all ntents and pur-
poses barred from access TO the submerged land
and shallow water at the front And that
all efforts claims Of this kind rendered
valueless by the Supreme Court Of the United
States the sitting UP and depositing of sand will
be left to nature. which year by year places the
site Of old Chicago further west.
GEOGRAPHY LIKELY TO BE CHANGED
1t is not unduly sensational to say that now
that the rivers current has been turned inland,
the accumulation Of land eastward during the
next fifty years will entirely change the relative
position Of property and STREETS 10 the lake. The
water in the present harbor is with difficulty
kept dredged. and outside of il the lake gets
shalIower year by year. It seems clearly desir-
able from the public point Of view that nothing
should he dcne to hasten the drying up process.
The railway company fought the last case
tooth and nail. and Judge w. B. Guthrie, of
New York, the special counsel employed to
argue the case before the Supreme Court. Pres
ident Fish has not expressed himself on the de-
cision pertinently. Local officials acknowledge
its scope, and therein is the most satisfactory
feature of the opinion handed down last week by
Justice Brown.