The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1911-02-07

, cf0acnmenIS by tDe IEllilldH Nd1 cOll-
pany, the Knickerbocker Ice company
Morris & Co, and the SherwinWil-
lams company on Lake Calumet. Fol
lowing are extracts from the report
having an important bearing on The
situation at Cairo. @9
Suits to Test theS Rights.
Along the shores OF Lake Michigan
and Of the Mississippi river certain
| companies will be found claiming the
right to exercise certain exclusive
franchises conferred upon them, as
they claim, by various charters OF
| the state.
Among these are the Illinois Cen
| trail Railroad company, the Chicago
Dock and Canal company, the Wig
, gins Ferry company Of East st. Louis
| anG the Cairo Trust Property.
In each of these cases these are
! public service corporations that claim
the exclusive right TO control the
+, shores of the parts Of the navigable
! waters within the state of Illinois to
which they assert ownership
The Virgins Gerry company and
the Cairo Trust property assume to
dany even the right of those navigat-
/ Ing the. public waters to land vessels
1 along the shores of the river within
the shore limits which they assert
4, they control.
The existence Of these companies
and their claimed control Of the shore
/ lines of these navigable waters is a
menace to the public rights of the
state of Illinois which az years 20 by
will grow more and more unendur-
able.
From our investigation we believe
that either in whole or to very
large extent there is wrongful usur-
patton on the part of these compan-
les OF the privileges which they claim
| the right to exercise under their char
ter grants.
We feel that it is time there should
be judicial determination of the
precise rights of these companies and
that the matter should be thoroughly
determined in the courts of the land
and to that end we believe and re-
commend that the attorney general
OF this state should proceed by quo
warrantO or such other appropriate
proceedings as he may deem best cal
culated to determine these matters
and to test the rights of these com
panies to exercise these franchises
and privileges,
We therefore urge that the legjsla-
ture make a sufficient appropriation
to the office of the attorney general
for such purpose an dthat such ques.
tlons be fully litigated and deter
mined
Permits From United States.
In matters relating to improve
| ments of the navigation of navigable
streams this committee very strongly
condemns the practice which has here
tofore existed upon the part of the
United States engineers office of
granting permits for the construction
Of various kinds of works in naviga-
BILE waters without a proper regard
for the comfy which ought to exist
! between the government and the state
Of Illinois and its various political
subdivisions which are affected by
such permission.
The evil resulting therefrom Is
not so much in the mere grant of the
permit as it is in the consequences
which follow.
| The popular impression is that the
| United States government can indis-
fortunately give permission to erect
works and make improvements and
fill in submerged shadows and thai
by virtue of the granting of such per
nit title Is transferred to tie person
TO whom the permission is given, and
following this line of reasoning mucf
of the land which lis in controversy
in this investigation has been made
under and by virtue Of the permission
so granted by the office of the United
States engineers.
Such permission on the part of the
United States engineers office Il
Imerely declaration that such inn
provement or work will not interfere
with navigation and it cannot have
the effect of transferring title.
But such permission is frequently
made the basis for aggressive actor
and the parties, when attempt is
made to check them in their impro
per acts, rely upon what they claim
to be authority given them for siicl
action by the government of the Uni
tel States.
Surely the state Of Illinois and it,
various political subdivisions so af
feeted by such action have a right tt
be heard
1t Is true that the government o
the United States may proceed indie
pendent of them, but II is also tru,
that Proper regard for the mutua
interests of each requires that full
consideration shall be given to the
,t.l 1c ~ 4