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Show FIELD'S OPINION. Alllimationbytlie United States .Supreme Court OF A DECISION ItENDEHIU) In Favor ol Chicago Against the Illinois Illi-nois Central. A i.iino iiivriiini uav i.ni.i. Million. i,r lliilliitaMlorll. i.ri'ropfrlx lil.olwd. l'oldr Vtliarlloi; I'rlvllrura. WAtlllMlTOX, D.C., Dec. 8. The opinion of Justice Field lu the well known Chlcsg) Liko Freut cases Is one of great Importance, aaldu even fruui tho great valuo of tho properly and the controversy. To a comlder-able comlder-able extent II lays down new laws. Thu controlling spirit of thu decision Is tho sovereignty of the poople over even their on u legislatures. Thu opinion opin-ion Is very long and olaboratc. After the point mentioned above It comes down to the chief question III thu case, viz, Tho light uf ttie Illinois Central ltnllroad company lo taku for Its own uiu submerged land extending Into Lako Michigan from tho shore to tho Tho court brushes aside the teohulcal crltlelims made to granting tho act cf 1619 and sqinircly meeting therupo-ellloulhat therupo-ellloulhat by this act the legislature ex coded Its authority, ravp, the state's title tu the lauds under navigable waters like Lake Michigan la dlllereat 111 character from that which the statu I old to land Intended for sale. It Is a title held In trust for the people of tho stato that lhey;niay e njoy the navigation naviga-tion of the waters, earryun commerce uvcr them aud have thu liberty of lUh-lug lUh-lug therein freed from thu obstruction or Inlirforeueeof rlvato artier, lhe state cau no moro abdicate Its trust over property In which thu whole people nre Interittcd, llku navigable waters, than It can abdicate lla ruwers lu tho administration of government aud the preservation of peaee. In thu admliililratlonol govurumeut the usu of such towers may for a limited eilod be delegated tu a municipality or other bedy, lut there always re-malnt re-malnt with the slate tho right lo revoke re-voke thuse powers aud exercise them In a more direct manner and one mure conformable lo lla wishes. Ho with trusts connected with publlo property of u special character, like lauds under navigable waterj.thry cannot beplit-td i ntlrely beyond Ihodlsorctlou aud control con-trol of the stale. The liarlor of Chicago Is of ImmentB valuo to tho people of the atatu of Illinois Illi-nois In thu fucimiia It sllords to Its vast and constantly Increasing com luerce. Aud the Idea that lie leglala turo can deprive thu statu of control over IU bed uud waters and place the same lu tho hands of a prlvalu corporation cor-poration created for different purpose), uou limited lo thu transportation of passengers and freight between distant points nnd thu city. Is a proportion that cannot be defended. Thu area of the submerged lauds In question is as Isrge aa that embraced by nil thu merchandise mer-chandise docks along the Thames at Londou; much larger than that Included lu the famous docks and basins at Llvorpool. Twice that of Urn port of Marseilles, and nearly, If cot quite, equal to the pier area along the water irunt of lhe city of New i ork: and thearrlvuls and clearings of vessels at the tort exceed In number those of New York nnd are equal to those of New York and lloaton combined. It la hardly conceivable con-ceivable that thu legislature cun divest the control of the slate over the management man-agement uf this harbor and vest It absolutely In a prlvato cor oration. Any grant of the kind Is necessarily revokable, and the uxerolse of the trust by which tho property la held by the state can be resumed at any time. The otlnlon also alllrmi thu decrees de-crees of the lower oourt ai resrmots Iho city's claim to tho ow uershlpof streets, alleys and other publlo grounds on the reclaimed lauds. Justtco Bhlras In oral dlsneut raid In bis oplnlou tho grant of thu statu to the Illinois Central Cen-tral Hallway company wai a valid grant whlcn constituted a contract belwton thu railway and state and one which could not not bu taken away by a sutsequent arbitrary act of the legislature. legis-lature. 'Iho statu could regulate the usoof riparian waters by thu railway oompsny no lo protect iiihllo Interests. Thu eflect of the decision Is more against tho railway company than tho decision of Justice llarlou and Judge, lllodgett In the circuit oourt for It makes possible the losa by thu company of tome plor properly it now oeouplos. |
