praying that the defendant be enjoined from diverting more than 4,167 cubic feet of water per second from Lake Michigan through the Chicago River. The two suits were consolidated and heard as one, and the taking of evidence, begun on March 18, 1913, was continued until its final completion on December 19, 1914. Altogether, a large number of expert witnesses was called on each side. The arguments of counsel on the law and facts were presented in 1915. On June 19, 1920, Federal Judge Landis rendered an oral opinion in the case, which was in effect a finding that the United States was entitled to an injunction restraining the sanitary district from diverting more than 4,167 cubic feet of water per second from Lake Michigan. Very shortly after this oral opinion was rendered the defendant filed a motion for its reconsideration, July 10, 1920. The court heard the motion on July 12, 1920, and asked both parties to submit authorities. Federal Judge Landis resigned his position in March, 1922. Upon representation of the United States attorney the case was transferred to Judge Carpenter, who asked that the complainant submit a brief covering the points brought out by the defendant's motion on July 10, 1920. Briefs were submitted, counter proposals offered and rebutted, and after several hearings before the Federal judge a formal decree was entered on June 18, 1923, finding against the Sanitary District of Chicago and in favor of the Federal Government. (See Appendix X.) The court granted a stay of execution of six months for the purpose of allowing the defendants ample time to seek relief from the Supreme Court of the United States or from Congress. The sanitary district filed an appeal on June 29, 1923. As a result of its disregard of Federal jurisdiction the sanitary district has rendered null and void the permits issued for the construction of the Calumet Sag Channel and the construction and operation of the North Shore Channel. Both permits contained the condition that the total diversion of water from Lake Michigan into the Illinois River should be no greater than already authorized by past War Department permits. As the amount withdrawn has exceeded the amount thus authorized, the permits are null and void, and the structures are illegal. On November 9, 1921, a resolution was introduced in the House of Representatives, being entitled "A bill to limit the amount of water which may be withdrawn from Lake Michigan by the Sanitary District of Chicago, giving authority therefor, and fixing conditions of such withdrawal." This resolution obviously was drawn up by or for the sanitary district, the object being to obtain congressional authorization for a diversion of 10,000 cubic feet per second. The Secretary of War, upon being consulted by the Committee on Rivers and Harbors, advised against the passage of the enactment in a letter of February 2, 1922. His recommendations are set forth clearly in the following extract from the letter referred to: It is clear that under the condition of affairs created by the Chicago Sanitary District, the diversion of a certain quantity of water is necessary at present for the proper protection of the health of the citizens of Chicago. It is by no means established, however, that the quantity required for that purpose, either now or in the future, is 10,000 cubic feet per second. I regard it as inadvisable to permit the diversions in that amount, or in any amount exceeding the amount now fixed by the department without full and complete information concerning the necessity therefor. It is my view that the quantity authorized should be limited to the lowest possible for sanitation, after the sewage has been purified to the utmost extent practicable before its discharge into the sanitary canal. I regard it as extremely inadvisable to grant the city of Chicago, or any other agency, the right in perpetuity to take from the lake a definite quantity of water. It is not improbable that within a generation a method may be found to separate the valuable fertilizing elements from sewage, as a consequence of which, the withdrawal of water from the lake to dilute the sewage will no longer be necessary. In view of the substantial and widespread damage done to many activities throughout the United States by the diversion, damage which can be but partly compensated for by the construction of the works proposed in the bill, the diversion should not be continued beyond the time when its necessity ceases to exist. A bill was presented to Congress on January 27, 1923, shortly before the closing of its last session, modifying the terms of the House resolution of November 9, 1921, and including provisions for a 9-foot waterway from Utica to Cairo, Ill:, by way of the Illinois and Mississippi Rivers. These provisions serve to make the measure more attractive to residents of towns along the Illinois River, but do not alter the primary object of the legislation-that of obtaining congressional authority for a diversion of 10,000 cubic feet per second. This bill is to be reported on by a special committee of the Senate at the next session of Congress. PART II GENERAL DESCRIPTION The city of Chicago is on the shore and at the southwest end of Lake Michigan, on the continental divide between the watersheds of the St. Lawrence and the Mississippi Rivers. Strangely enough, the divide is quite low while the city itself is built on nearly level ground whose surface is generally 15 to 20 feet above the lake. When Chicago was a village (less than 90 years ago) its water supply was obtained from wells dug by individual owners and from one public well dug in 1834. By 1840 a private water company was pumping water from Lake Michigan into a primitive distributing system, which served until 1851, when municipal operation of the waterworks began. Chicago was a city of 30,000 by that time, and the water supply and sewerage of the city had become quite a problem. The sewerage problem was solved by constructing sewers draining into the Chicago River, which flowed into Lake Michigan. The water intake was placed a mile north of the mouth of the river, and this distance gave protection for a time, but Chicago grew as no other large city has grown. Soon sewers were built in districts far away from the river on the north and the south, discharging directly into the lake. Water intake cribs were built far out in the lake to get beyond the line of sewage pollution. Near the western edge of the city, 10 miles from the lake, is the Des Plaines River, paralleling the lake shore. At a point almost abreast of the center of the city the river turns and flows in a southwesterly direction. At this point the surface of the Des Plaines is about 10 feet above the lake. A shallow, narrow valley or depression extends from this point eastward to the South Branch of Chicago River, its bottom being 5 to 15 feet above the lake. Through this depression a part of the waters of Des Plaines River formerly flowed in times of freshet, and the early explorers were able at such times to navigate canoes and bateaux across the divide which normally separates the waters of the St. Lawrence and Mississippi Valleys. It was through this depression that the old Illinois and Michigan Canal was constructed. Authorized by the United States Congress by the acts of March 30, 1822, and of March 2, 1827, this canal was constructed by the State of Illinois and put into commission in the year 1848. This canal crossed the continental divide on a summit level, and then paralleled the Des Plaines and upper Illinois Rivers to La Salle, Ill., where it entered the latter stream. The summit of the canal was kept supplied with water by pumps located in a plant on the Chicago River near the canal entrance. Originally only enough water was pumped to answer the needs of navigation. The Chicago River, in its natural state, was a very sluggish stream, particularly so in its lower reaches. In addition to a rapidly growing population, which contributed increasing amounts of sewage, industries sprang up which enormously increased the sewage content of the stream and made it highly offensive. Chief among these industries were the distilleries, the tanneries, and the packing houses. As early as 1855 efforts were made to quicken the flow of water through the river and carry off the sewage at a greater rate. This was first attempted by the commissioners of the Illinois and Michigan Canal in an arrangement with the city authorities by which the former agreed to pump water from the river into the canal in excess of the needs of navigation. This was begun in 1865. By 1869 the pumping averaged 167 cubic feet per second with a maximum of 400 cubic feet per second. In the meantime the summit of the Illinois and Michigan Canal, which had been at some 10 feet above Chicago city datum, was cut down to provide direct flow from the Chicago River through the canal to the Illinois valley. This deepening was completed in 1871. At that time it was hoped that the stagnant conditions in the Chicago River would be ameliorated, but such was not the case. Observations in 1879 showed that for a period of 30 days the direction of flow was lakeward, followed by a period of 10 days with no perceptible current in either direction. As a result of this condition the pumping plant at Bridgeport was rebuilt and put into operation in 1884 with a new capacity of 1,000 cubic feet per second. While the circulation in the main river and South Branch was thus being improved that in the North Branch required equal attention on account of the growth in population and industry in that direction. In 1880 a pumping plant was put into commission at Fullerton Avenue which pumped water from the lake through a conduit and discharged it into the North Branch at that point. This plant had a capacity of 400 cubic feet per second and was quite effective for a time in producing the desired results. But Chicago still grew, and with a population of three-quarters of a million by 1885 the contamination of the water supply had become so great as to cause the public to demand a permanent solution of the problem. This led to the creation in 1889 of the Sanitary District of Chicago for the primary purpose of diverting the sewage of Chicago and adjacent towns from Lake Michigan. The Sanitary District of Chicago was organized under an act of the Illinois General Assembly dated May 29, 1889. The area covered by the sanitary district at the present time (1923) includes all of Chicago and some 49 incorporated villages and cities adjacent to Chicago. The population in this area is now about 3,200,000. The district is governed by a board of nine trustees, three of whom are elected for a six-year term at the regular fall election held every two years. The district is supported by taxes, the maximum rate of which may be two-thirds of 1 per cent of the assessed valuation of the property within the district. For permanent improvements bonds may be issued in amount up to 3 per cent of this assessed valuation The total amount of bonds outstanding is in round numbers $25,000,000 out of a bonding capacity of $54,000,000. The sanitary district has police powers and the power of eminent domain. The law provides for the election by the nine trustees of a clerk, treasurer, attorney, and chief engineer. All other employees are chosen at the will of the trustees, usually through the committee on employment. THE MAIN CHANNEL The first work of the sanitary district was the construction of the main dredge channel, extending 28 miles from the Chicago River at Robey Street to the Des Plaines River at Lockport. This was dug 13 miles through earth to Willow Springs 24.4 feet deep (measured from hydraulic grade line established by assumed flow of 14,000 cubic feet per second, with the lake at zero stage, Chicago datum), and from 230 to 300 feet wide at the water surface. It was blasted out of solid rock for 15 miles from Willow Springs to Lockport, 161 feet wide and 24.4 feet deep. At Lockport the controlling works were built, seven sluice gates each 30 feet wide, and a movable dam 160 feet long (the bear-trap dam). By the opening of these sluice gates or the lowering of the bear-trap dam, the amount of water flowing in the main channel could be regulated at all times. To make room for the canal, the Des Plaines River had to be pushed over to the west side of the Des Plaines valley and straightened for a distance of 13 miles. It also had to be straightened, widened, and deepened south of the Lockport controlling works through Joliet, for a distance of 6 miles. Thirteen movable railroad and highway bridges were constructed across the main channel and 14 fixed bridges were built across the Des Plaines River. To provide ample discharge capacity without producing currents obstructive to navigation, the Chicago River was widened and deepened from Lake Michigan to Robey Street, a distance of over 5 miles, the width being made 200 feet and the depth 26 feet. Most of the center-pier bridges were removed and replaced with bascule or lift bridges. Sharp bends were eliminated to facilitate the flow of water. |