In the United States v. Illinois Central Railroad Company case of 1893, the Supreme Court ruled that states could not permanently relinquish their control over navigable waters and lands beneath them. The State of Illinois had granted a large portion of Chicago's harbor to the Illinois Central Railroad in 1869 but later sought to revoke this grant. The railroad company argued that it was entitled to keep its property rights under contract law principles, while the government contended that public trust doctrine prevented such an absolute transfer from occurring. Ultimately, the court sided with the government, asserting that states hold ownership over these areas in trust for their citizens and cannot abdicate this responsibility by transferring title away permanently - even if they attempt to do so through legislation or contractual agreements.

In the dissenting opinion for United States v. Illinois Central Railroad Company, the justice argued that the state of Illinois had full authority to grant a large portion of its harbor in Chicago to the Illinois Central Railroad. The justice disagreed with the majority's view that such an action constituted an abdication of governmental control over public waters and lands, which was not permissible under common law principles. Instead, he contended that these principles did not apply because they were based on English laws and customs which were irrelevant in America where land ownership patterns differed significantly from those in England. Furthermore, he believed it was within a state’s power to dispose off its property as it saw fit unless restricted by constitutional provisions or considerations of public policy - neither of which applied here according to him.