Louis Brandeis

“ But here the government has contended since the beginning of the improvement that, at the time of the dredging in 1899 and in 1909, it possessed the right of navigation over the land in question; which right of navigation, if it existed, gave it the right to dredge further in order to improve navigation. The facts preclude implying a promise to pay. If the government is wrong in its contention, it has committed a tort. The United States has not conferred upon the District Court jurisdiction to determine such a controversy. ”

“ This right in the land the government claimed and claims that it already possessed at the time when it dredged on the property in question; and it is the same right which the government possesses in that portion of the present river bed lying within the original meander lines and which originally constituted the whole river bed. Under the law of Illinois, neither the United States nor the state owns the lands under a navigable river. ”

“ The General Assembly of Illinois by resolution of April 22-23, 1897, gave assent to the United States acquiring by purchase or condemnation 'all lands necessary for widening the Chicago river and its branches.' In 1899 Congress directed a survey with a view to creating a deeper channel and adopting 21 feet 'as the project depth for the improvement in lieu of that fixed by the Act of June third, eighteen hundred and ninety-six.' Act of March 3, 1899, c. ”