Year: 1879

] Identified with the cltys prosperity.


THE LAKE-FRONT


The Commissioners Of the Illinois d


Michigan Canal have presented themselves
| officially as claimants for that portion Of
! land, commonly known Us the Lake-Front, F."
which lies between Madison street and Park


row and east Of Michigan avenue. They
set up claim in behalf of the canal. The


facts are few and may be briefly stated. In


1927 Congress donated to the State Of 1lli-
| nois various sections of public land to aid in
| the construction of the canal, and this land
extended from Lasa1le to Lake Michigan.


Included in this land was fractional Sec. Is,


being that portion" Of land extending south
from Madison to Twelfth Street, and lying
east of State street. OF which the greater


part, located east Of Michigan avenue, WAS
then submerged by the lake. These Com


missioners laid off all the canal land within


what are now the limits of the city into


building lots, with streets and alleys That


part east Of Michigan avenue and be-


tween Madison street and Park row


was reserved as q public park. ALI the lots
we're sold, and those fronting east on Aichi-
gan avenue were sold under the contract that


the land lying east Of them to the lake was


to be forever kept open. In consideration Of


this condition the lots fronting the park


we're held and sold at q higher price, the
aim and expectation being that these lots
fronting the park would produce more money


for the canal than if the whole land were


sold without any park. This land sale took
place in 1886, and the Commissioners closed
up their business, and from that time to
this the fact that the Lake-Front had been
dedicated as q park has never been doubted,
any more than that the land occupied as
streets had been dedicated to the public.
The city has held and used this land IS
park ever since the sale of the canal lands in
1885,


The Canal Commissioners have obtained
from the firm of LAWRENCE, CAMPBELL j.
LAWRENCE legal opinion as to the present
status Of the legal title to this property, and
rs to the power of the Legislature over the
subject, and this opinion is to the following
effect:


l. That the Canal Commissioners who
acted for the State in laying off the land in
c1uding this property never had any author
ity to dedicate any part Of it for Park pur-
poses, and therefore none of the land was
ever dedicated for any such purpose.


2. That there is no evidence that the Com
missioners intended to dedicate the land as
a street, and even if they had such an inten- |
ton the city did not accept it for that pur-
pose, and the dedication failed


g. The recital in the City Charter Of 1863, |
that 1.-THE State Of Illinois, by its Canal Com
having declared that the public
ground east of said lots Cmeaning east of
Michigan avenue should forever remain
open and vacant, is mere assumption; and |
The recital Of supposed dedication by the
Canal Commissioners, which they had no
power to make, cannot estop the State from
asserting its own title for the use of the canal.


4. The act Of April, 1869, granting to the
:ity all the right. title, and interest of the
State in this land, with authority to sell and
lpply the proceeds to park purposes, was
lear pcrversion Of the trust upon which tbs
State held this land; nevertheless, the grant
;ested the title in the city.


5. The act Of 1873, repeating the Lake
front act Of 1869, did not revest in the State
be title TO the land in question.


6. The naked title to this land is therefore
n The city under the act of 1869; but the
md was given to the State for the purpose
# building the canal, and no other" and it
r,o4 ,-r,1,{ F11T1rr 4ho |
ther purpose and in cases of perversion of
rust the benefcinries may appeal to the
;ourts for protection.


7. That if the Legislature viii by law au-
horize the Canal Commissioners to bring
uits for the purpose OF establishing the
rusts upon which the State received this
md, the Courts will doubtless hold That the
ity took the land with full notice Of the
ses and purposes Of the original trust, and
hat the Canal Commissioners have the right
, compel the appropriation Of the property
, the purpose of building the canal. >,
Reduced to plain English, this opinion is, !
nat the land in question belongs to the Canal :
und, and that the Commissioners are enti- &
ed to take possession Of it, lay it off in lots,
IL it, and apply the proceeds to the COM I
letion Of the canal,-that is, go back to the 6
ear 1886, md trent the land as an original {
onation from Congress. c
There are several things which, however. =
and in the way Of any Immediate sale of +
us land by the Canal Commissioners. In i
fe first place, it is not denied that there was t
dedication Of this land to the public; that t
lis dedication was used By the Commission Il
5 TO increase the canal funds by obtaining c
ore money for the land abntting on this =
,blc park Those who bought land on the c
est side Of the avenue, under the condition c
at the land Oh the east should forever re- S
ain open to the public, have had rights and p
uities running since 1886, which the S
ate, the General Government, the Canal a
the City of Chicago, the e
operty-owners along the avenue, and all o
rsons, corporations. and others inter t,
ted, directly or remotely, have accepted, I h
3uiesced in, and consented to for nearly a
ty years, without an adverse claim or ques- a
n. Something must BE- considered settled b