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 agreed that state ownership encompasses areas beneath its navigable waters; nonetheless, Shiras maintained that the state's legislative grant of these submerged lands functioned in a manner analogous to any contract for the transfer of land, thereby transferring ownership to Illinois Central. This highlights the importance of the public right to navigation and the limitations on private ownership.