REPORT 
 
 OF THE 
 
 MINOEITY OF THE COMMITTEE ON JUDICIARY, 
 
 ON HOUSE BILL NO. 3Y3, 
 IN SENATE, MARCH 1, 1869. 
 
 A minority of the Judiciary Committee, who have had under 
 advisement House Bill No. 3T3, entitled a bill for "An act relating 
 to a portion of the submerged lands and Lake Park grounds, lying 
 on and adjacent to the shore of Lake Michigan, on the eastern 
 frontage of the city of Chicago," not concurring in the recommen- 
 dation of the majority of said committee, beg leave respectfully to 
 state some ot their reasons for recommending the rejection ot the 
 bill. 
 
 It is conceded by the friends of this bill that the strip of land 
 on the shore of Lake Michigan, between Randolph street and Park 
 Row, and from the west line of Michigan Avenue to the water's 
 edge, was dedicated to the public use— part of it by the United 
 States government, and part of it by the Canal Trustees — and 
 that such dedication had been confirmed to the city of Chicago by 
 act of the Legislature in 1861. That, originally, it was dedicated 
 as a street, and that when the city became incorporated (March 
 4th, 1837,) the title to this strip of land vested in the city, with all 
 the riparian rights incident to the ownership of the bank of navi- 
 Yol. 1—64 
 
[ 506 ] 2 
 
 gable water, including the right to erect wharves, docks and piers, 
 for the accommodation of navigation and commerce. 
 
 Such continued to be the rights of the city up to the time when 
 it granted to that company the right of way for its track through 
 the lake in front of the same. 
 
 Although the charter of the company granted to it the right of 
 way over and through lands owned by the state, for the "only" 
 and SOLE inirpom'''' of constructing, maintaining and operating its 
 road, it provided that the '■'■company should not he authorized to 
 make a location of its track within any city without the consent of 
 the Common Council of the city^ [Private laws, 1851, p. 61.] 
 
 Thus it will be seen that, in the wisdom of the Legislature that 
 created the Illinois Central Railroad Company, while it bestowed 
 upon it the richest endowment ever granted to any railroad com- 
 pany in this country, it recognized its paramount obligation to its 
 citizens by reserving to each particular locality, through which the 
 road should run, the authority to fix the terms and limitations 
 upon which it should traverse its streets and occupy its public 
 grounds and waters. 
 
 Fully recognizing this, the company applied to the Common 
 Council of Chicago to be permitted to enter the city upon the lake 
 shore, which was granted upon the company's entering into an 
 agreement, under seal, with the city, upon the terms, among other 
 things. 
 
 That " the said road should enter the city at or near the inter- 
 section of its south boundary with Lake Michigan, and following 
 the shore on or near the margin of said lake, northerly to the 
 southern bounds of the open space known as Lake Park, in front 
 of canal section fifteen, and continue northerly across the open 
 space in front of said section, to such grounds as the said company 
 may acquire between the north line of Randolph street and the 
 Chicago river, in the Fort Dearborn addition to said city." 
 
 That " the company might enter upon and use in perpetuity, /b/* 
 its line of road and other works necessary to protect the same 
 from the lake, a width of three hundred feet from the southern 
 boundary of said public ground, near twelfth street; the inner or 
 west line of the ground to be used by said company to be not lees 
 than four hundred feet east from the west line of Michigan avenue 
 and parallel thereto." 
 
3 [ 5or ] 
 
 That "the company rni'f^ht extend their works and fill out into 
 the lake to a point in the southern pier not less than four hundred 
 feet west from the present east end of the same, thence parallel 
 with Michigan avenue to the north line of Randolph street ex- 
 tended, hut it is expressly understood that the Common Council does 
 not grant any right or 'privilege beyond the limits above specified, 
 nor beyond the line that may be actually occupied by the works of 
 the company!''' " That should any damage or obstruction occur to 
 the harljor of Chicago, clearly traceable to the construction of said 
 works, then the compan}^ should be held responsible for the same." 
 
 That "the said company should erect and complete ***■'«■ 
 and shall f)r ever maintain a continuous wall or structure of stone 
 masonry, pier work or other sufficient material, of regular and 
 sightly appearance, and not to exceed in hight the general level 
 of Michigan avenue, opposite thereto, from. the north line of Ran- 
 dolph street, to the southern bound of Lake Park before mentioned, 
 at a distance of not more than three hundred feet east from and 
 parallel laith the western or inner line, pointed out to said com- 
 pany, as herein before specified^ 
 
 " The said company shall erect no buildings between the north 
 line of Randolph street and the south line of Lake Park, nor 
 occupy nor use the xoorhs proposed to be constructed betioeen these 
 points, except for the passage of or for making up or distributing 
 their trains, nor place upon any part of their works between said 
 points any obstruction to the view of the lake from the shore, or 
 suffer their locomotives, cars or other articles to remain upon their 
 tracks, but only erect such works as are proper for the construction 
 of their necessary tracks and the protection of the same." 
 
 " The said company shall erect and maintain on the western or 
 inner line of the ground pointed out tor its main track on the lake 
 shore, as the same is hereinbefore defined, such suitable walls, 
 fences, or other sufficient works as will prevent animals from stray- 
 ing upon or obstructing its tracks, and secure persons and property 
 from danger." 
 
 " Said structure to be of suitable materials and sightly appear- 
 ance, and of such hight as the common council may direct, and no 
 change therein shall be made, except by mutual consent : Provi- 
 ded, however, That the company shall construct such suitable 
 gates at proper places at the ends of the streets which are now or 
 may liereafter be laid out, or may be required by the coramoQ 
 
[ 508 I 4 
 
 council, to afford pafe access to tlie lake. And pi'ovided also, That 
 ill case of the construction of an outside harbor, streets may he 
 laid, out to approach the same in mam er provided by law, in 
 -which case the common council may regulate the speed of locomo- 
 tives and trains across them. [Gary's laws and ordinances of 
 Chicago ; page 454.J 
 
 The bill, whose passage is recommended by the majority of your 
 committee, falsely assumes that the Illinois Central liailroad Com- 
 pany is already the owner of all rights outside of its track for one 
 mile east into the lake. 
 
 The minority of your committee can see no reason why this 
 .^assumption should be made, unless it is intended by false claim of 
 right to deceive your honorable body and the public, into granting 
 to that company, without- compensation, property and franchises, 
 worth, as your committee are advised and believe, an amount 
 equal to the whole value of all the property of the company. 
 
 Under the express understanding that no right or privilege was 
 granted beyond the limits specified, it asserts the ownership of a 
 mile square of land and water beyond it. 
 
 Under the solemn agreement that in case of the construction of 
 an outside harbor, streets might be laid out to approach the same 
 in the manner prescribed by law, and to regulate the speed of lo- 
 comotives and trains crossing the same, it claims to be the only 
 party entitled to build and enjoy such a harbor, and that the rights 
 of the city terminate with its line of road. 
 
 Under their agreement to be responsible for all damages and 
 obstructions to the harbor of Chicago traceable to the construction 
 of its works, as authorized by the agreement, it claims the right to 
 appropriate to its only and sole use the entire outside harbor, and 
 to extend its piers and fill out across the only entrance to the 
 mouth of Chicago river, covering as it will, the channel of the 
 river, which by the action of the waters of the lake is thrown to 
 the south across the tracts which will be ceded to this company by 
 this bill. 
 
 Instead of keeping the space in front of Lake Park free from 
 buildings, open and unobstructed to the view from the shore, it 
 claims the right to fill it with warehouses, storehouses, lumber 
 yards, and such erections as it shall please to erect thereon for its 
 convenience oi- profit. 
 
5 [ 509 ] 
 
 Instead of keeping its solemn covenant in any particular, it 
 seeks, without consideration to its covenantee, to break it in every 
 part, to the destruction, as the people of the city believe, of the 
 dearest interests of the city and the State, 
 
 And to all this the bill proposes to add the sanction of a law. 
 
 The minority of your committee cannot refrain from expressing 
 the belief that no exigency exists which will justify this wrong 
 on the part of this great corporation, or that will justify them 
 in recommending that this bill be enacted into a law. 
 
 Beyond these considerations there are others to which the mi- 
 nority of your committee beg leave briefly to allude. 
 
 The bill takes from the city of Chicago a strip of ground to 
 which it has undoubted title, thirteen hundred and fifty feet in 
 length and three hundred feet in width, fronting on Michigan 
 avenue, worth $3,000,000, for which it arbitrarily fixes the price to 
 be paid by the city at $800,000, and imposed as a penalty the for- 
 feiture of even this small sum if it does not promptly yield to the 
 unequal bargain. 
 
 Whether this is constitutional or not, your committee have not 
 stopped to consider. The glaring injustice demands at least that 
 the bill shonld be amended so as to give the city fair compeusation 
 for its property. 
 
 It cedes to the company a mile square of land and water equal 
 in value, when improved, to any in the city of Chicago, and in 
 which the State and the city have the only interest, and over which 
 they have control, limited only by the exigencies of navigation. 
 
 The average depth of water over this land does not exceed ten 
 feet. It may be filled up and docked over for about $200 per foot 
 front by 180 feet deep, including the necessary streets and alleys ; 
 and it adjoins property that is now selling for $800 to $1,500 per 
 foot front. Carrying out these calculations, the Senate will get 
 some idea of the vast inheritance with which we part if we pass 
 this bill ; though it may give but a faint conception of the conse- 
 quences for good or for irreparable evil to the state. 
 
 It has been urged that this property is unimproved, and una- 
 vailable to the state, and, in its present condition, yields no reve- 
 nue to the state. This does not seem to us to justify even the 
 least injustice to the city of Chicago ; much less does it justify us 
 in hastening to give it away, and exempting it from state and 
 county taxes, for less than two-thirds the actual yearly tax which 
 
[ 510 ] 6 
 
 would be paid to the state if it were sold to and improved by- 
 other ])arries than the grantees in the bill under consideration. 
 
 Your committee are informed that numerous parties stand ready 
 to purchase this property in larger or smaller parcels — and they 
 would deprecate the sale of the whole to any one individual or 
 company — and that these purchasers would buy it in its unim- 
 proved condition ; and among such purchasers would no doubt be 
 found the railroads now seeking it as a gift. Lands of the state 
 have heretofore been sold, and the avails honestly accounted for ; 
 and it is believed honest agents might be found in this behalf. 
 
 That part of the property included in the bill which lies east of 
 a point fifteen hundred feet east of the present track of the Illi- 
 nois Central Railroad should not be disposed of to any person or 
 corporation, for the reason that throwing out embankments or 
 piers beyond that point would cause the deposit of sand in front 
 of the present entrance to the harbor, and destroy its usefulness, 
 and impair the value of vast amounts of dock property within the 
 city of Chicago ; and only such quantities, say three blocks in 
 width north and south, ought to be disposed of until that shall be 
 improved, and other parts are demanded for the accommodation 
 of the growing business of the state, when it will bring an 
 increased price. 
 
 There is no guarantee in the bill that any improvement shall be 
 made b}^ the company, and no protection against any arrangement 
 which the company might make, under which the gross receipts 
 of the road from such property might be merely nominal. 
 
 One of the heaviest burdens which now rests upon the produ- 
 cers of our state and the north-west is the present high rate of 
 storage which is charged by the grain warehouses, now unfortu- 
 nately combined under the influence and control of the railroads 
 centering in Chicago. Although there is a stringent law upon 
 our statute book, that railroads shall deliver grain to any ware- 
 house to which it may^ be directed, yet so powerful is this combi- 
 nation that the law is put at defiance, and all competition in stor- 
 age is crushed out; and while the warehouses in the combination 
 are filled to overflowing, at exorbitant rates of storage, other 
 warehouses stand rotting by their sides, with empty bins, for the 
 want of the business which they would gladly do for half the 
 price. Yet, while the bill is careful to preserve legislative control 
 over the wharfage and dockage upon the premises proposed to be 
 
7 [ 511 ] 
 
 ceded, no such control is reserved over the storage of grain and 
 other products and merchandise. This will be the principal busi- 
 ness which must be here carried on, and your committee would 
 ask the Senate to inquire the cause of this omission. 
 
 The minority of your committee might continue to enumerate 
 reasons against the passage of this bill, but they forbear. 
 
 They respectfully recommend that the bill be rejected. 
 
 J. D. WARD, Chairman. 
 ALLEN C. FULLEE, 
 J. W. STREVELL, 
 H. SNAPP. 
 
KFX