Justice Shiras agreed that ownership of state lands extends to those lands submerged under its navigable waters; however, Shiras argued that the grant of the submerged lands by the state legislature functioned like any land transfer contract and effectively transferred title to Illinois Central. Shiras pointed out that the act granting the submerged lands expressly denied Illinois Central the rights to resell or transfer the lands or to impair the public right to navigation.
Justice Shiras concurred that state land ownership encompasses lands submerged beneath its navigable waters; however, Shiras contended that the state legislature's grant of submerged lands functioned similarly to any land transfer agreement and thus transferred title to Illinois Central. Shiras emphasized that the act authorizing the submerged lands explicitly barred Illinois Central from reselling or transferring the lands or impairing the public right to navigation.