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tion of the drainage canal has been reduced from 75 per 100,000 to a negligible number.

The testimony of Government engineers shows that it would take from 10 to 25 years for the drainage district to erect sewage treatment and disposal works to handle the sewage within the drainage district if the flow of water was reduced from 10,000 to 4,167 cubic feet per second.

This matter is a subject which needs the consideration of thinking people not only in the State of Illinois but in the whole United States. The treaty with Canada entered into some years ago seemed to contemplate an acquiescence on the part of the Canadian Government to the withdrawal of 10,000 cubic feet a second by the drainage district. However that may be, the Secretary of War has not given his official consent. Whether the increased withdrawal should or should not be made is properly a political and not a legal question in the absence of consent by the Secretary of War. The Legislature of the State of Illinois, the various civic bodies, the association of commerce, and Senators and Representatives should see to it that at the earliest possible moment the situation here is brought to the attention of Congress, so that by appropriate legislation the health and welfare of this great community may be safeguarded. I have no doubt that when the matter is properly presented it will be taken up by Congress and by the State Department, and some plan devised which will bring about adequate and the desired results.

It goes without saying that this court will not issue an injunction to be effective forthwith. It can not impose the condition so strenuously urged by the attorneys for the sanitary district. It is doubtful whether the State of Illinois could authorize expenditures to be made in foreign States and foreign countries to restore the water levels.

On the testimony of the Government engineers the court might, in the exercise of a sound discretion, delay the effectiveness of its injunction for from 15 to 25 years to enable the sanitary district or the State of Illinois to arrange for other means of disposing of the sewage now handled by the sanitary district.

Believing as I do, that it is a matter for the immediate action of Congress, a decree may be prepared finding the facts as stated in the bill and enjoining the defendant from withdrawing from Lake Michigan in excess of 4,167 cubic feet a second, the decree, however, not to go into effect for six months.

The matter must necessarily go to the Supreme Court of the United States for final settlement, and no doubt, if need be, when the record is there filed, application may be made to that court for a supersedeas or further stay.

APPENDIX XI

[H. R. 9046. 67th Congress, 1st sess.]

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 the conditions of such withdrawal.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Sanitary District of Chicago, a municipal corporation organized and existing under the laws of the State of Illinois, or its legal successor, be, and the same is hereby, authorized to withdraw from Lake Michigan, through the Chicago and Calumet Rivers, and through artificial channels which have been heretofore or may hereafter be constructed, an amount not to exceed an average of ten thousand cubic feet of water per second during each calendar year, for the purpose of diverting sewage and drainage from Lake Michigan and keeping the waters at the south end of said lake, which is the source of the water supply of the people, pure and free from pollution.

The amount of water hereby authorized to be withdrawn shall be inclusive of and not in addition to the amount of water which has been heretofore or is now being withdrawn from Lake Michigan by the said the Sanitary District of Chicago. The condition on which such withdrawal is hereby authorized is that said the Sanitary District of Chicago shall pay into the Treasury of the United States, as and when directed by the Secretary of War, such sum or sums of money as may be estimated by the Chief of Engineers of the United States Army, as hereinafter provided, to be the reasonable cost of constructing, compensating, and/or regulating works in the Saint Clair River, and/or in the Niagara River, and/or in the Saint Lawrence River at or above Rapide Plat, to restore and maintain the water levels in said Great Lakes and their appurtenant rivers, as full and complete compensation for any lowering of water levels of the Great Lakes system resulting from such withdrawal at Chicago.

That the Chief of Engineers of the United States Army shall cause to be prepared plans and specifications for and an estimate of the reasonable cost of constructing such compensating and/or regulating works. Said project, plans, specifications, and estimated cost shall be subject to the approval of the Secretary of War and also subject to the approval of any other officer of the United States or commission or tribunal whose, approval is required under Act of Congress heretofore passed or under any treaty or treaties now existing to which the United States is a party.

Such works shall be designed and built, as speedily as is practicable, under the direction of the Secretary of War or jointly by the United States and the Dominion of Canada, and the money furnished by the Sanitary District of Chicago, as hereinbefore provided, shall be applied and used in payment for the same.

SEC. 2. That the said the Sanitary District of Chicago, and/or any other agency of the State upon which the functions now performed by said the Sanitary District of Chicago may hereafter devolve, is hereby prohibited from withdrawing from Lake Michigan a greater average amount of water/annually than is above specified, regardless of any increase in the population of said the Sanitary District of Chicago. The said the Sanitary District of Chicago is required to proceed immediately with the installation of sewage purification works to care for any excess population of said the Sanitary District of Chicago over and above three million people, in order that any effluent discharged into the Des Plaines or Illinois River through the Chicago and Calumet Rivers or through any artificial channel of the Sanitary District of Chicago shall not be or become a nuisance or menace to the health of any of the people of the United States.

APPENDIX XII

[S. 4428. 67th Cong., 4th sess.]

A BILL For the improvement of commerce and navigation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to create a navigable waterway nine feet in depth suitable and sufficient to carry the commerce of the Great Lakes and Mississippi Valley, the same to extend from Lake Michigan at Chicago, Illinois, to a connection with the nine-foot channel in the Mississippi River at or below the mouth of the Ohio River, the Secretary of War is hereby authorized and directed to improve the Illinois River from the terminus of the Illinois waterway at or near Utica, Illinois, to its confluence with the Mississippi River and to improve the Mississippi River from the mouth of the Illinois River to the mouth of the Ohio River so as to provide therein a navigable channel of the depth of nine feet, such improvements being based upon an increment of not exceeding cubic feet per second of water from Lake Michigan through

the main channel of the Sanitary District of Chicago and the Illinois waterway and to include the removal of the locks and dams constructed by the Federal Government at La Grange and Kampsville, Illinois, and the locks and dams: constructed by the State of Illinois at Henry and Copperas Creek: Provided, That the State of Illinois will convey to the United States (as authorized by an act of the general assembly of said State approved June 21, 1919) such rights and title to the locks and dams at Henry and Copperas Creek as may be deemed necessary to permit their removal.

That authority is hereby given for the appropriation of the sum of $5,700,000 and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers for the removal of said dams and such parts of said locks as may be necessary and for the construction of said nine-foot navigable channel from the terminus of the Illinois waterway at or near Utica, Illinois, to connect with the nine-foot channel in the Mississippi River at or below the mouth of the Ohio River. All other Federal projects for the improvement of the Illinois and Mississippi Rivers between these points are hereby modified to conform to the foregoing project for a nine-foot waterway.

The State of Illinois is hereby authorized, at its sole cost and expense, to improve the Des Plaines and Illinois Rivers from the terminus of the main channel of the Sanitary District of Chicago at Lockport, Illinois, to a connection at or near Utica, Illinois, with the Federal improvements above authorized and to construct such channel, locks, dams, and other improvements as will secure, based on increment of cubic feet of water per second, a navigable depth

of not less than nine feet of water with a minimum depth of fourteen feet on all miter sills of the locks constructed by it as a part of such improvement, and is further authorized to modify its plans for the Illinois waterway, heretofore submitted to and approved by the Secretary of War and Chief of Engineers, so far as may be necessary to conform to the general scheme for a nine-foot waterway: Provided, That work done in pursuance of said plans shall be subject at all times to the inspection and approval of said Chief of Engineers and Secretary of War.

The State of Illinois and the Sanitary District of Chicago (a municipal corporation organized under the laws of the State of Illinois owning and operating certain canals which are navigable channels of adequate depth, connecting through navigable waterways with Lake Michigan) are hereby authorized, jointly and severally, to construct at their own expense and without cost to the United States, at or near the present terminus of the main channel of said the Sanitary District of Chicago at or near Lockport, Illinois, a suitable lock connecting said sanitary district channel with the Illinois waterway; said lock to be of a minimum width of not less than one hundred and ten feet, a minimum usable length of not less than six hundred feet, the minimum depth on miter sills of said lock to be not less than fourteen feet, and said the Sanitary District of Chicago, or its legal successor, is hereby authorized to withdraw from Lake Michigan, through the Chicago and Calumet Rivers and through artificial channels which have been heretofore or may hereafter be constructed and to discharge same into said Illinois waterway, an amount not to exceed an average of ten thousand cubic feet of water per second during each calendar year.

The amount of water hereby authorized to be withdrawn shall be inclusive of and not in addition to the amount of water which has been heretofore or is now being withdrawn from Lake Michigan by the said the Sanitary District of Chicago for the purpose of diverting sewage and drainage from Lake Michigan and keeping waters at the south end of said lake free from pollution. The condition on which such withdrawal is hereby authorized is that said the Sanitary. District of Chicago shall pay into the Treasury of the United States, as and 98203-24-7

when directed by the Secretary of War, such sum or sums of money as may be estimated by the Chief of Engineers of the United States Army, as hereinafter provided, to be its reasonable share of the cost of constructing, compensating, and/or regulating works in the Saint Clair River and/or in the Niagara River and/or in the Saint Lawrence River at or above Rapide Plat, to compensate and control the water levels in said Great Lakes and their appurtenant rivers, as full and complete compensation for any lowering of water levels of the Great Lakes systems resulting or to result from such withdrawal at Chicago.

The Chief of Engineers of the United States Army shall cause to be prepared within eighteen months from the passage of this Act at the cost of said the Sanitary District of Chicago, plans and specifications for and an estimate of the reasonable cost of constructing such compensating and/or regulating works. Such plans, specifications, and estimated cost shall be subject to the approval of the Secretary of War.

Such works shall be designed and built as speedily as is practicable under the direction of the Secreatry of War or jointly by the United States and the Dominion of Canada, and the money furnished by the Sanitary District of Chicago, as herein before provided, shall be applied and used in payment for the same.

The said the Sanitary District of Chicago and/or any other agency of the State of Illinois upon which the functions now performed by said the Sanitary District of Chicago may hereafter devolve, is hereby prohibited from withdrawing from Lake Michigan a greater average amount of water annually than is above specified, regardless of any increase in the population of said the Sanitary District of Chicago. The said the Sanitary District of Chicago is required to proceed immediately with the installation of sewage purification works in accordance with an ordinance adopted August 7, 1919, by the board of trustees of said the Sanitary District of Chicago to care for any excess population of said the Sanitary District of Chicago over and above three million people, in order that any effluent discharged into said Illinois waterway or into the Des Plaines or Illinois Rivers through the Chicago and Calument Rivers or through any artificial channel of the Sanitary District of Chicago shall not be or become a nuisance or menace to the health of any of the people of the United States.

APPENDIX XIII

FLOW THROUGH CHICAGO DRAINAGE CANAL IN CUBIC FEET PER MINUTE

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NOTE. From 1900 to 1911, inclusive, the figures given in the maximum and minimum columns show the greatest and least average for any month in that year. From 1912 to 1918, inclusive, the figures given represent maximum and minimum discharge based upon hourly readings. From 1919 to 1921, inclusive, the figures given show the maximum and minimum daily discharge. All these figures are from 10 to 15 per cent lower than independent measurements indicate for they are the result of computations from turbine consumptions which are not accurately known at the present time.

APPENDIX XIV

WAR DEPARTMENT, Washington, July 11, 1900.

SIR: In response to your application of 7th ultimo, for permission to make certain changes, alterations, and improvements in the South Branch of the Chicago River, from the south line of Twelfth Street to the east line of Ashland Avenue, as shown on plans which accompanied said application, I beg to inform you that there is no objection on the part of the War Department to the prosecution of the work as specified, it being understood that this statement as to the attitude of the War Department shall not be understood as involving the general Government in any way with the expense incident to the carrying out of the project, and does not in any way invalidate, waive, or affect the right of the Secretary of War to regulate or revoke the permit granted, under date of May 8, 1899, to the Sanitary District of Chicago, to divert the waters of the Chicago River and cause them to flow into the artificial channel, such permission being subject to the following conditions, viz:

"1. That it be distinctly understood that it is the intention of the Secretary of War to submit the questions connected with the work of the Sanitary District of Chicago to Congress for consideration and final action, and that this permit shall be subject to such action as may be taken by Congress.

"2. That if, at any time, it become apparent that the current created by such drainage works in the South and main branches of Chicago River be unreasonably obstructive to navigation or injurious to property, the Secretary of War reserves the right to close said discharge through said channel or to modify it to such extent as may be demanded by navigation and property interests along said Chicago River and its South Branch.

"3. That the Sanitary District of Chicago must assume all responsibility for damages to property and navigation interests by reason of the introduction of a current in Chicago River."

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SIR: On behalf of the Sanitary District of Chicago I submit herewith, in duplicate, maps showing the plan adopted by said district for widening the Chicago River to 200 feet, and ask that you approve the same. Condemnation proceedings covering the property which must be acquired to admit of the widening necessary to the execution of the adopted plans are now pending and it is necessary that we produce a plat showing your approval. On July 11, 1900, you issued an approval of our projects, transmitting under that date two letters, one covering the entire project from Lake Street to Robey Street, the other covering specifically the project from Twelfth Street to Robey Street. At that time we had under consideration alternative projects north of Twelfth Street; now, however, we have formally adopted the project shown upon the maps herewith submitted.

Respectfully submitted.

ISHAM RANDolph,

Chief Engineer, Sanitary District of Chicago.

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