Illonois v. Illinois Cent. R.

33 F. 730, 1888 U.S. App. LEXIS 2054
CourtUnited States Circuit Court
DecidedFebruary 23, 1888
StatusPublished
Cited by9 cases

This text of 33 F. 730 (Illonois v. Illinois Cent. R.) is published on Counsel Stack Legal Research, covering United States Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Illonois v. Illinois Cent. R., 33 F. 730, 1888 U.S. App. LEXIS 2054 (uscirct 1888).

Opinions

Harlan, Justice.

The first of the above-named causes is a suit in equity in the name of the people of the state of Illinois against the Illinois Central Railroad Company, the city of Chicago, and the United States of America. It was commenced in the circuit court of Cook county, Illinois, and subsequently, on the petition of the railroad company, was removed into this court. A motion-to remand the cause was denied, upon grounds indicated in State v. Railroad Co., 16 Fed. Rep. 881. The railroad company and the city filed answers, and the latter also filed a cross-bill for affirmative relief against the state and its co-defendants. To that cross-bill the company filed an answer, as did also the attorney general of Illinois in behalf of the state. The United States has not appeared, either in the original or cross suit. This cause may be regarded as under submission for final decree as between the state, the railroad company, and the city in the original suit; also as between the city and the railroad company in the cross-suit. Notwithstanding the appearance in the cross-suit of the attorney general of Illinois in behalf of the state, some question is made as to the jurisdiction of the court to give to the city any affirmative relief against the state. But that question need not be decided, since all the issues between the state and the city can be finally determined in the original suit brought by the state. The last named of the causes is an information in equity by the United States against the Illinois Central '"-iVoad Comuany, the Michigan Central Railroad Company, the Chicago, Burimgxui* dz; Q.uiney Railroad Company, the Baltimore & Ohio Railroad Company, ana the city of Chicago. [733]*733That case is now before us upon demurrer by the two first-named companies to the information.

The genera] object of these suits is to obtain a judicial determination of the rights of the parties in respect to certain lands on the east or Jake front of the city of Chicago, south of Chicago river, upon some of which are tracks, depots, warehouses, piers, and other structures erected by the Illinois Central 'Railroad Company; and also in respect to the submerged lands within the limits of the city of Chicago, and of the slate of Illinois, “constituting the bed of Lake Michigan, and lying east of the tracks and breakwater” of that company, “for the distance of one mile, and between the south line of the south pier [near Chicago river] extended eastwardly, and a line extended eastward from the south line of lot 21, south of and near the round-house and machine-shops of said company.” The cases, besides, involve an inquiry as to the right of the railroad company, for the promotion as well of its own business as of commerce and navigation generally, to erect and maintain wharves, piers, and docks in the harbor of Chicago. Some of these lands were formerly a part of what was known as “Fort Dearborn Military Post,” or the S. W. i of fractional section 10, near the mouth of Chicago river; others, a part of fractional section 15; while others arc in section 22,—all of,said sections being in township 39 N., range 14 JB. of the third P. M., and on the shore of Lake Michigan, in the order named. It-is necessary to a clear understanding of the numerous questions presented for determination that wo should first trace the history of the title to these several bodies of lands up to the time when the Illinois Central Railroad was located within the limits of Chicago.

1. vis to the Lands Embraced in the Fort Dearborn Reservation. In the year 1804, the United States established the military post of Fort Dearborn, immediately south of Chicago river, and near its mouth, upon the S. W. fractional I of section 10. It was occupied by troops, as well when Illinois, in 1818, was admitted into the Union, as when congress passed the act of March 3, 1819, authorizing the sale of certain military sites. By that act it was provided “that the secretary of war be, and he is hereby, authorized, under the direction of the president of the United States, to cause to lie sold such, military sites, belonging to the United States, as may have been found or become useless for military purposes. And the secretary of war is hereby authorized, on the payment of the consideration agreed for into the treasury of the United States, to make, execute, and deliver all needful instruments conveying and transferring the same in fee; and the jurisdiction which had been specially ceded, for military purposes, to the United States by a state, over such sité or sites, shall thereafter cease.” 3 St. 520. In 1824, upon the written request of the secretary of war, the S. W. \ of fractional section 10, containing about 57 acres, and within which Fort Dearborn was situated, was formally reserved by the commissioner of the general land-office from salo, and for military purposes. Wilcox v. Jackson, 13 Pet. 499, 452. The United States admit, and it is also proved, that the lands so reserved were subdivided in 1837, by authority of the secretary,—he being represented [734]*734by one Matthew Birchard, as special agent and attorney for that purpose,—into blocks, lots, streets, and public grounds, called the “Fort Dearborn Addition to Chicago.” And on the 7th.day of June, 1839, a map or plat of that addition was acknowledged by Birchard as such agent and attorney, and was recorded in the proper local ofhce. A part of the ground embraced in that subdivision was marked on the recorded plat, “Public ground, forever to remain vacant of buildings.” The plat of that subdivision, called “Map A,” is reproduced, and in the margin will be found the certificates which appear on the plat as made and recorded.1

The lots designated on this plat were sold and conveyed by the United States to different purchasers. The sale and conveyance (to use the words of the information filed by the United States) was “by and according to the said plat, and with reference to the same.” But it should be stated that at the time of the first sales, the United States expressly reserved from sale all of the Fort Dearborn addition (including the ground marked for streets) north of the south line of lot 8 in block 2, lots 4 and

[735]

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Cite This Page — Counsel Stack

Bluebook (online)
33 F. 730, 1888 U.S. App. LEXIS 2054, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illonois-v-illinois-cent-r-uscirct-1888.