City of Chicago v. McGinn

Citations

• 51 Ill. 266

Syllabus

<p>1. Navigation—navigable streams—erection of bridges across them,—of the relative rights in respect thereto. As has been announced by this court, the true doctrine is, relative to the constitutional power of a State over the navigable waters lying within its jurisdiction, that the right of free navigation of such waters is not inconsistent with the right of the State to provide means of crossing them, by bridges or otherwise, provided such bridges do not essentially injure their navigation. The right to navigate these waters, and the right to cross them by bridges, are co-existent, and neither can be permitted to destroy or essentially impair the other.</p> <p>3. Former decisions. The case of The Illinois River Packet Company v. The Peoria Bridge Association, 38 Ill. 467, is cited in support of this doctrine, $md commented upon by the court at length.</p> <p>3. Navigation—rivers above the ébb and, flow of the tide—not deemed navigable by the common law. By the common law, rivers are not deemed navigable above the ebb and flow of the- tide. And in the sense of the common law, which obtains in full force in this state by legislative enactment, neither the Mississippi, Illinois nor Chicago rivers is a navigable stream.</p> <p>4. Water course—the fee of such portion of a river as is measured by the width of the street—is in the corporation. As this court has said, the fee in the streets of a city is vested in the corporation. Bridges are but streets or highways, over water; the fee, therefore, of such portion of the river as is measured by the width of the street of which the bridge forms a part, is likewise in the corporation.</p> <p>5. Navigation—namigable streams—right to bridge them. This being so, it is competent for the corporation to devote such portion of the river to any use which, in the judgment of its authorities, shall be deemed most promotive of thepublic interests, subject only to the easement for navigation.</p> <p>6. Bridges—corporation possesses the