by John Marshall Harlan

“ It asks a decree declaring that it is the owner in fee, and of the riparian rights thereunto appertaining, of all said lands, and has, under existing legislation, the exclusive right to develop the harbor of Chicago by the construction of docks, wharves, and levees, and to dispose of the same, by lease or otherwise, as authorized by law; and that the railroad company be enjoined from interfering with its said rights and ownership. ”

“ In the year 1883 an information was filed in the circuit court of Cook county, Illinois, by the People of that state against the Illinois Central Railroad Company, the city of Chicago, and the United States of America. That case was removed into the circuit court of the United States for the northern district of Illinois, and a motion to remand it to the state court was overruled. ”

“ Conceding, then, as we must, the right of the railroad company to reach that point of practical navigability, these structures were not and are not unlawful, and its rights to them must be sustained. The title to submerged lands resting in the state is held in trust in aid of navigation. ”

“ If, having reference to the manner in which commerce in vessels was conducted at the time of the investigation below, the structures in question did not extend into the lake beyond the point of practical navigability, then the circuit court, in the execution of the mandate of this court, properly confirmed the title and possession of the railroad company as established by the original decree. ”

“ When the investigation below was entered upon, pursuant to our mandate, the depth of water in the channel of Chicago river over the La Salle and Washington streets tunnels was about 16 feet and 8 inches,-a greater depth than exists at the outer edge of the piers, docks, and wharves in question, except that at the mouth of the Chicago river, against the ends of some of the company's structures, there is a depth of 18 to 20 feet, obtained by dredging. ”

“ In view of these facts, what matters are open for consideration on this appeal? This question was fully discussed at the bar. It is not in our opinion difficult of solution.
We have seen that by the original decree of the circuit court rendered September 24th, 1888, the railroad company was adjudged to be the owner in fee of the particular structures in question, namely, the piers marked 1, 2, and 3 on the Morehouse map, as well the piers and docks between and in front of Twelfth and Sixteenth streets, and were entitled to use and control them in its business. ”

“ The state insisting that the company has, without right, erected, and proposes to continue to erect, wharves, piers, etc., upon the domain of the state, asks that such unlawful structures be directed to be removed, and the company enjoined from constructing others. The city, by its cross bill, insists that since June 7th, 1839, when the map of Fort Dearborn addition was recorded, it has had the control and use for public purposes of that part of section 10 which lies east of Michigan avenue and between Randolph street and fractional section 15 ”

“ We can now notice, therefore, only such errors as are alleged to have occurred in the decisions of questions which were peculiar to the second trial.' To the same effect are numerous cases, some of which are cited in the margin. ”