The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1907-11-27

value of such an enactment as an
Ievidence Of the navigable character
of the stream. The navigability OF
the stream being thus declared and
| recognized by the legislature. there
can be no question of its power, in
ifurtherance Of great public purpose
tic direct the executive officers of the
Estate to proceed to the removal OF
Constructions theerin.
| So much upon the question OF navi.
gability
| Rights of the State.
| II remains to discuss the rights OF
| The state in the water power to be
Developed ut public expense by di-
verting the waters of Lake Michigan
through the navigable streams Of the
stae TO the Mississippi river to the
Gulf,
| So far as the federal government in
concerned, its projects for the deyel-
lopment of an internal waterway con
with those o fthe Mississippi, general
| ly ignore the question of water power.
On the other hand, the Illinois inter-
nal Improvement commission, au-
thorized by the generally assembly in
1905, seeks to develop. in connection
with the construction of waterway,
all the water power which may be-
come thereby available | deem that
the right OF the state to the water
power thus created is unqualified. and
that any attempt by private corpora
tions to appropriate this power should
not be tolerated by the state.
In relation to this mater, it will be
Of advantage briefly to review various
acts of the general assembly of ILL
nois which have relation to the con
struction and administration of the
Illinois and Michigan canal. These
acts it will appear have an important
bearing upon them point in question,
and review of them will lead natud
ally OF the consideration of the claims
of title. by deed and lease under
which the Economy Light and Power
Company is proceeding with the eerc-
ton of dam at Dresden Heights.
Act OF 1929 and contains the proyis.
ion that.
Nothing in this act or the one to
which it is an amendment shall be so |
as to prevent said commits. |
sioners or their successors In office |
from using any stone. timber ground,
water or other material for the pur-
Pose of making or aiding said canal |
which may be required in its con
struction. and in all sales Of said |
lands this right is hereby expressly |
reserved free from any cost, charge
DR. liability whatsoever.
In 1888, the legislature abolished |
the office OF canal commissioners. and
on January 3, 1886, passed another
act entitled. An act for the construe-
lion of the Illinois and Michigan can
~" providing for a commission TO
take charge OF the construction of the
canal. Section l6 Of this actprescrib-
ed the dimensions fthe canal and
made express provision for the reser
walton Of strip ninety feet in width
On either side, in order to provide for
future enlargement.
On March 2, 1897. the legislature
passed an act amending the act OF
January 9. 1896 Section 10 OF the
vet of 1887 provided that
The canal commissioners shall in
list upon the right OF the state 20 the
light OF way through and upon all
ands heretofore sold or granted by
he state and also the use of all water
nd material required in the eoustrue-
ion Of the canal under the reserva-
ion contained in the tenth section Of
. act passed January p. 1893. pro
iding for the construction of the said
anal. and under the reservation con
aimed in subsequent laws ON the
ame subject but II the court shall
Iecide against this right. then the
anne mode OF proceeding shall be
laa against such waters. lands and
as in other cases
The hrst act in relation to the I'LL
IOis and Michigan canal vas passed
. the legislature in 1929. That act