West Chicago Street Railroad v. People Ex Rel. City of Chicago

Syllabus

<p>Although the judgment of the state court rests-partly on grounds of local or general law, and although the opinion may not expressly refer to the Constitution of the United States, if by its necessary operation the judgment rejects-a claim, based on a constitutional right specially set up in the answer, that the relief prayed cannot, in any view of the case, be granted consistently with the contract or due process clauses of the Constitution,-this, court has jurisdiction to review under § 709, Rev. Stat.</p> <p>In a navigable stream the public right is paramount, and the owner of the soil under the- bed can only use it so far as consistent with the public right; and a municipality, through which a navigable stream flows, cannot grant a right to obstruct the navigation thereof nor bind itself to permit the continuance of an obstruction, and this rule is not affected by the fact that the person claiming a right to continue such an obstruction is the owner in fee of the bed of the stream.</p> <p>A municipal ordinance giving permission to a street railroad company, to construct a tunnel under a.navigable stream, the law of the State providing that railways shall not be constructed so as to interrupt the navigation of any water, in. the State, does not amount to a contract under the contract clause of the Constitution, so that the city could not subsequently require the company to lower the tunnel so as not to interfere with the increased demands of navigation; nor, in the absence of any provision to that effect, would it be construed as containing an implied covenant that the municipality would bear the expense of such alterations required by subsequent ordinances.</p> <p>A municipality is under the duty of protecting the unobstructed- navigation of navigable rivfers under its jurisdiction; and it cannot be ‘exempted 1 therefrom by making agreements in regard thereto.</p> <p>Courts may look through and behind mere forms, and interfere,, whenever ■ necessary, for the