The Cairo bulletin., 1911-02-07
CHIPERFIELD COMMITTEES
REPORT ON SUBMERGED LAND
ATTACKS PRIVATE OWNERSHIP
Declares Condition at East St. uis Iatolerable
AT Cairo 1882 Acres Of River Front May
be Claimed by Sta e---Suits Urged to
Restore Property Rights

, cr03chments by the Pullman Caf com
pany, the Knickerbocker Ice company
Morris & Co, and the Sherwin-Wil-
lams company on Lake Calumet. Fol
| lowing are extracts from the report
having an important hearing on The
situation at Cairo Ga
Suits to Test thea Rights.
Along the shores Of Lake Michigan
and of the Mississippi river certain
| companies will be found claiming the
right 10 exercise certain exclusive
franchises conferred upon them, as
they claim, by various charters of
| the state.
Among these are the Illinois Con
trail Railroad company, the Chicago
Dock and Canal company, the Wig
F., 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 Ferry company and
the Cairo Trust Property assume to
deny even the right of those navigat-
1 ing the public waters to land vessels
4 along the shores of the river within
the shore limits which they assert
(, 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 as 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 tine part of these compan-
les Of the privileges which they claim
the right to exercise under their Char
ter grants.
| We feel that 1t 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
AMI 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 legisla-
ture make sufficient appropriation
| to the office of the attorney general
for such purpose an dthat such ques-
tions 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-
ble 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 inds-
Icriminately give permission to erect
works and make improvements and
fill III submerged shadows and that
by virtue of the granting of such per-
Init title is transferred to the person
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 i'm
provement or work will not interfere
with navigation and ii 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 sucl
action by the government OF the Uni
} tel States.
Surely the state of Illinois and it,
various political subdivisions so al
fected by such action have a right tc
bo heard
II Is true that the government O
the United States may proceed inde
pendent of them, but II is also trut
that Proper regard for the mutua
interests OF each requires that full
consideration shall be given to the