Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-12-26
GOVERNMENTIN A
DEMAND ON CANAL
In Event of Failure to Improve
I. & M. Uncle Sam viii
Enforce Rights.

the war department and the depart
ment OF justice at Washington, after
discussion and investigation lasting
for several months, today notified the
commissioners Of the Illinois and
Michigan canal that immediate steps
must be taken by the state 70 rehabil-
itate the old waterway between Chi
cago and LaSalle. OF else the depart
ment Of justice would begin action
TO enforce the governments rights in
connection with the waterway. No
tice to this effect has been served up
on the state Of Illinois through the
canal commissioners in two opinions:
one, by Assistant Attorney general
w. r. Harr, and the other by Attor-
ney General Wickersham. The atti-
tude of the federal government toward
the state concerning the present con-
dition Of the canal is clearly stated
in the two letters following:
Department OF Justice, Washington,
d. c. June T. The Canal Com
missioners, Lockport, H.. Gen
tlemen. am in receipt Of a COM
munication from the war department
calling my attention to the condition
of the Illinois and Michigan canal and
suggesting that some action be taken
70 enforce the governments rights
therein. From this communication il
appears that the canal was con-
structed in pursuance of an act of
congress approved March 2, 1927,
"a Stat, 234D, which made a grant of
land TO aid the state in said work.
and provided that when completed
the canal should be and forever re-
main a public highway for the use Of
the United States and Of all persons
in their service. It is further stated
that owing 10 legal complications arts
ing from a decision Of the supreme
court OF Illinois. there are not suffi-
Client funds OF the state available to
keep the canal in condition as a pub
lie highway, that II is greatly deteri-
GRATED. and that. unless some action
is taken by the state within the i'm
mediate future, II will have to be
abandoned.
Il would appear that by the accep-
tance OF the said land grant, together
with the enjoyment OF the proceeds
Of the sale OF considerable portion
OF the land the state assumed a con-
tTactual obligation to the United
States to maintain the canal as a pub
lie highway for the use of the United
States which will be violated il the
canal be allowed 20 become unfit for
use or be abandoned II. therefore.
the facts have stated above be cor
rect. II would seem TO be a proper
case for some action by the United
States TO enforce the performance OF
the contract or to recover the con.
sideration given.
With this in view, I write YOU TO
learn whether my understanding OF
the situation is correct and whether
there is a possibility Of an adjustment
of the matter, without the necessity
OF legal proceedings on the part Of
the government
Respectfully,
For the Attorney General,
WILLIAM X. HARR,
Assistant Attorney General
Department OF Justice. Washington
d. c., Dec. 6. The Canal Commission
ers, Illinois and Michigan Canal, Lock
port, III. Gentlemen: Referring tC
the subject-matter of your visit L
the department on the 5th instant,
beg to advise that | think It desirabl,
that. In connection with the question
whether the Illinois and Michiga- "a
nal shall be improved or sUandoneG
the attention of the le' stature of tn
state Of Illinois ST Ould be called Z
the fact that IT, United States al
pears 70 have a substantial interes
In the maintenance OF the canal.
The &C. approved March 2, 1927, {
81 = Sta, 23D. granting certail
lands to the state in aid of this work
provides that "the said lands shal
be subject TO the disposal OF the sal
state. for the purpose aforesaid, an
no other and also that said cana
when completed. shall be and foreve
remain a public highway for the pul
pose OF the government OF the Unite
States, free from any toll. or othe
charge, whatever. for any property c
the United States, OF persons in the
service. passing through the same"
Il would seem that the state r,
ceived and holds these lands subjeC
to the trusts stated, and, as indicate