[First indorsement]

Office Chief of Engineers, United States Army, January 15, 1902. Respectfully forwarded to the Secretary of War.

Under date of April 26 and June 7, 1900, the Sanitary District of Chicago made application for permission to make certain changes, alterations, and improvements in the Chicago River from Lake Street to Ashland Avenue, in the city of Chicago, the said work being outlined and shown on the maps accom. panying the applications.

By letters dated July 11, 1900, the Secretary of War advised the Sanitary District of Chicago that "there is no objection" on the part of the War Department to the prosecution of the work of improving the Chicago River specified in the said applications and delineated on the maps accompanying the same, 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.

The Sanitary District of Chicago now submits maps showing the plan and project formally adopted for widening a portion of the Chicago River 200 feet, and asks that the Secretary of War approve the same. It is stated that 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 that it is necessary to produce in court a plat showing the approval of the Secretary of War.

In my opinion the work outlined on the maps submitted will be, if carried out, a material benefit to the navigable capacity of the Chicago River, but before it can be executed, its approval by the War Department is necessary under the tenth section of the river and harbor act of March 3, 1899, which provides that it shall not be lawful to in any manner alter or modify the condition or capacity of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.

I accordingly recommend that the work be approved, subject to the following conditions:

That its approval shall not be construed as involving the General Government in any way with the expense incident to the carrying out of the project; nor as in any way invalidating, waiving, or affecting the right of the Secretary of War to regulate or revoke the permit granted 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 known as the "Chicago drainage canal"; nor as authorizing in any way, any impairment or invasion of the legal rights of any per.son or corporation.

The maps have been prepared for the signature of the Secretary.

G. L. GILLESPIE,

Brigadier General, Chief of Engineers, United States Army.

35041-23.

Inclos. 24 & 25, 17 & 18 accompg.

Respectfully referred to Lieut. Col. O. H. Ernst, Corps of Engineers, inviting attention to the action of the department, which he will please communicate to the Sanitary District of Chicago.

Respectfully returned to the Chief of Engineers, as directed by telegram received to-day. The delay in returning these maps was occasioned by the request of the Chief Engineer of the Sanitary District of Chicago that they be held until he could obtain from them certain data necessary for the conduct of his office.

O. H. ERNST,

Lieutenant Colonel Corps of Engineers.

2 inclo. in sep. pkg.

APPENDIX XVI

[52d G. A. House bill No. 720 in Senate. 1921.]

A BILL For and act to amend sections 3, 4, and 7 of an act entitled, "An act to create sanitary districts and to remove obstructions in the Desplaines and Illinois Rivers," approved May 29, 1889, in force July 1, 1889, as subsequently amended.

SECTION 1. Be it enacted by the people of the State of Illinois represented in the General Assembly: That sections 3, 4, and 7 of an act entitled, “An act to create sanitary districts and to remove obstructions in the Desplaines and Illinois Rivers," approved May 29, 1889, in force July 1, 1889, as subsequently amended, be and the same are hereby amended to read as follows:

SEC. 3. In each sanitary district organized under this act there shall be elected at the November election, 1905, nine trustees, three of which trustees shall hold their office for a term of one year, three for a term of three years, and three for a term of five years, and until their successors shall be elected and qualified.

At every regular county election occurring after the year 1905 there shall be elected three trustees who shall hold their offices for six years, and until their successors shall be elected and qualified, to succeed those whose terms of office shall expire that year. In all elections for trustees each elector may vote for as

many candidates as there are trustees to be elected, but no elector may give to such candidates more than one vote, it being the intent and purpose of this act to prohibit cumulative voting in the selection of members of the board of trustees of the sanitary district.

When a vacancy shall occur in the office of trustees of any sanitary district organized under the provisions hereof within one year before the expiration of the term of such vacant office, the vacancy shall be filled by appointment by the board of trustees of such sanitary district, but if such unexpired term exceeds one year, the governor shall appoint the time for an election to fill such vacancy, and shall file a notice of such time with the county clerk of each of the counties in which (such) sanitary district shall be situated.

Such sanitary district shall from the time of the first election held by it under this act be construed in law and equity a body corporate and politic, and by the name and style of the sanitary district of and by such name and

style may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for corporate purposes, and adopt a common seal and alter the same at pleasure.

SEC. 4. The trustees elected in pursuance of the foregoing provisions of this act shall constitute a board of trustees for the district by which they are elected, which board of trustees is hereby declared to be the corporate authorities of such sanitary district, and shall exercise the powers and manage and control all the affairs and property of such district. Said board of trustees shall have the right to elect from their own number a president, and from without their own number a clerk, treasurer, chief engineer, and attorney for such municipality, who shall hold their respective offices during the pleasure of the board, who shall give bond as may be required by said board. Said board may prescribe the duties and fix the compensation of all the officers and employees of said sanitary district: Provided, however, That the salary of the president, of said board of trustees elected subsequent to the year 1910 shall in no case exceed seven thousand five hundred dollars ($7,500.00) per annum and the salary of each of the other trustees elected subsequent to the year 1920, shall not exceed seven thousand five hundred dollars ($7,500.00) per annum. Any incumbent of the office of trustee (excepting said president) whose term is now running and does not expire until after the passage of this act may appoint a private secretary, and such appointment shall remain in force until revoked by the trustee making the same, and such secretary shall receive a salary at the rate of two thousand five hundred dollars ($2,500.00) per annum, payable monthly. No trustee (excepting the president) shall be entitled to appoint such private secretary during such time as he shall receive the maximum salary herein authorized. Any incumbent of the office of president heretofore or hereafter elected may appoint a private secretary, which secretary shall receive a salary not to exceed three thousand five hunderd dollars ($3,500.00) per annum, payable monthly. Any such appointment made by the president shall remain in force during his incumbency unless sooner revoked by such president.

Said board of trustees shall have full power to pass all necessary ordinances, orders, rules, resolutions, and regulations for the proper management and conduct of the business of said board of trustees and of said corporation and for carrying into effect the object for which such sanitary district is formed. All ordinances, orders, rules, resolutions and regulations passed by said board of trustees shall, before they take effect, be approved by the president of said board of trustees, and if he shall approve thereof, he shall sign the same, and such as he shall not approve he shall return to the board of trustees with his objections thereto in writing at the next regular meeting of said board of trustees occurring after the passage thereof. Such veto may extend to any one or more items or

appropriations contained in any ordinance making an appropriation, or to the entire ordiuance; and in case the veto extends to a part of such ordinance the residue thereof shall take effect and be in force, but in case the president of such board of trustees shall fail to return any ordinance, order, rule, resolution or regulations with his objections thereto by the time aforesaid, he shall be deemed to have approved the same, and the same shall take effect accordingly. Upon the return of any ordinance, order, rule, resolution or regulation by the president the vote by which the same was passed shall be reconsidered by the board of trustees, and if upon such reconsideration two-thirds of all the members elect shall agree by yeas and nays to pass the same it shall go into effect notwithstanding the president may refuse to approve thereof.

SEC. 7. The board of trustees of any sanitary district organized under this act shall have power to provide for the drainage of such district by laying out, establishing, constructing, and maintaining one or more main channels, drains, ditches, and outlets for carrying off and disposing of the drainage (including the sewage) of such district, together with such adjuncts and additions thereto as may be necessary or proper to cause such channels or outlets to accomplish the end for which they are designed in a satisfactory manner; and may lay out, establish, construct, and maintain, or provide for the laying out, establishing, constructing, and maintaining of sewage disposal and treatment plants and works, within or without the territorial boundaries of such sanitary district, that may be advantageous or necessary in preventing the water in any channel, ditch, drain, outlet, or other improvement of the sanitary district discharged into or through any river or stream of water beyond or without the limits of the district constructing the same from becoming offensive or injurious to the health of any of the people of the State, and, in the case of the Sanitary District of Chicago, beginning with the year 1925, some efficient method of treating sewage other than by water dilution shall be annually provided to create an effluent thereof which shall not be offensive or injurious to the health of any of the people of the State, and which shall be adequate to care for a population of not less than 300,000 until at least 60 per centum of the present population of the Sanitary District of Chicago, has been provided for; also to make and establish docks adjacent to any navigable channel made under the provisions hereof for drainage purposes, and to lease, manage, and control such docks, and any land adjoining or adjacent thereto, owned or controlled by such sanitary district, and also to control and dispose of any water power which may be incidentally created in the construction and use of said channel or outlets, but in no case shall said board have any power to control water after it passes beyond its channel, waterways, races, or structures into a river or natural waterway or channel, or water power, or docks, situated on such river or natural waterway, or channel: Provided, however, Nothing in this act shall be construed to abridge or prevent the State from hereafter requiring a portion of the funds derived from such water power, dockage, or wharfage to be paid into the State treasury to be used for State purposes, nor from supervising for purposes of navigation any channel which has been heretofore or may be hereafter constructed by any such district. Such channels or outlets may extend outside the territory included within such sanitary district, and the rights and powers of said board of trustees over the portion of such channel or outlet lying outside of such district shall be the same as those vested in said board over that portion of such channels or outlets within the said district, but in the case of the Sanitary District of Chicago, such rights and powers of the board of trustees shall not extend beyond the terminus of its main channel at Lockport, in the township of Lockport, in the county of Will, Illinois.