It shall have power in relation to the appointment, suspension from office, or removal of the officers and clerks of the bureau.

It shall determine their allowances and salaries and have charge of the general expenses. Five members present at a meeting regularly called shall constitute a quorum. Decision shall be made by a majority of votes. The council shall communicate without delay to the signatory powers the rules adopted by it. It shall communicate to them every year a report as to what has been done by the bureau, the performance of its administrative functions, and its expenses.

ARTICLE 29.-The expenses of the bureau shall be borne by the signatory powers in the proportion established for the international bureau of the universal postal union.

CHAPTER THIRD-OF THE ARBITRAL PROCEDURE.

ARTICLE 30. For the purpose of promoting the development of arbitration the signatory powers have determined upon the following rules, which shall be applicable to the arbitral procedure unless the parties agree upon different rules.

ARTICLE 31.-Powers which resort to arbitration will sign a special submission in which shall be briefly stated the subject of the litigation and the extent of the powers of the arbitrators. This submission implies an agreement by each party to submit in good faith to the decision of the arbitral tribunal.

ARTICLE 32. The powers of the court of arbitration may be conferred upon a single arbitrator or upon several arbitrators designated by the parties to the controversy, as they may agree. Or they may be selected by them from among the members of the permanent court of arbitra-. tion established by the present act. In default of the constitution of the tribunal by the direct agreement of the parties, it shall be formed in the following manner :

Each party shall name two arbitrators, and these between them shall choose the umpire. In case they do not agree the choice of the umpire shall be given to a third power designated by the agreement of the parties. If they do not agree on this point each party shall designate a separate power, and the choice of the umpire shall be made by agreement between the powers thus designated.

ARTICLE 33. -When a sovereign or the head of a state is chosen for an arbitrator, the arbitral procedure shall be determined by him.

ARTICLE 34. The umpire shall preside over the tribunal. When there is no umpire the tribunal shall itself name its presiding officer.

ARTICLE 35.-In case of death, resignation, or absence for any cause of one of the arbitrators,

the vacancy shall be filled in the way pointed out for his appointment.

ARTICLE 36. The place where the tribunal shall sit to be fixed by the parties. If they do not fix a different place, the tribunal shall sit at The Hague. The place of session thus determined shall not, except in case of vis major, be changed by the tribunal except with the consent of the parties.

ARTICLE 37. The parties have the right to name delegates or agents who shall represent them before the tribunal and serve as intermediaries between them and it. They are also authorized to employ for the defense of their rights and interests before the court, counselors or lawyers named by them for that purpose.

ARTICLE 38.-The tribunal shall decide upon the languages which may be used and the use of which shall be authorized at its sessions.

ARTICLE 39.-The arbitral tribunal may in general be divided into two distinct parts: the examination of evidence and the hearing. Examination of evidence shall consist in the presentation made by the respective agents to the members of the court and to the other side of all printed or written instruments and of all documents containing the matters pleaded in the cause. This communication shall take place in the form and at the times fixed by the tribunal by virtue of Article 48. The hearing shall consist in the oral discussion of the matters pre sented by the parties before the tribunal.

ARTICLE 40.-Every document produced by either party shall be communicated to the other. ARTICLE 41.-The oral hearings shall be under the direction of the president. They shall be published only in accordance with a decision of the tribunal made with the consent of the parties. They shall be reported in official statements edited by secretaries named by the president. These official statements shall be the only official record of the hearing. After the taking of evidence has been closed the tribunal shall have the right to exclude from the hearing all additional acts or documents which either party may desire to submit without the consent of the other.

ARTICLE 42.-The examination of evidence being closed, the tribunal has the right to refuse to admit all new acts or documents that one of the parties wishes to submit without the consent of the other.

ARTICLE 43. The tribunal shall, however, have the right to take into consideration additional acts or documents which the attorney or counsel for the parties may call to its attention. In this case the tribunal has the right to require the production of these acts or documents, but copies of them must be furnished the adverse parties.

ARTICLE 44.-The tribunal may, moreover, re

quire the agents of the parties to produce all official documents and require all necessary explanations. In case of refusal the tribunal may enter notice thereof upon its records.

ARTICLE 45.-The attorneys and counsel for the parties are authorized to present to the tribunal all the pleas that they deem useful for the defense of their cause.

ARTICLE 46. They have the right to take exceptions and raise objections. The decisions of the tribunal on these points shall be final and shall not give rise to any further discussion.

ARTICLE 47.The members of the tribunal have the right to put questions to the attorneys and counsel of the parties and to demand from them further explanations on doubtful points. Neither questions put nor observations made by the members of the tribunal during the course of the hearing shall be recorded as the expression of the opinion of the court or of any of its members.

ARTICLE 48.-The tribunal is authorized to determine its own jurisdiction, by interpreting the submission, as well as any other treaties which may be invoked in the matter, and also by applying the principles of international law.

ARTICLE 49.-The tribunal has the right to make rules of procedure for the direction of the litigation, to determine the forms and the time within which each party must submit its motions, and to determine all the formalities which shall regulate the taking of evidence.

ARTICLE 50.-The attorneys and counsel of the parties having presented the explanations and briefs in support of their cause, the president shall pronounce the hearing closed.

ARTICLE 51.-The deliberations of the tribunal shall be had in secret session. A decision shall be had by a vote of the majority of the members of the tribunal. The refusal of any member to take part in the vote must be specified in the official statement of its proceedings.

ARTICLE 52. The arbitral judgment when determined by a majority vote shall be accompanied by an opinion, reduced to writing, and signed by each member of the tribunal. Those of the members of the court who are in the minority may, when signing, specify their dissent.

ARTICLE 53. The arbitral judgment shall be read at a public session of the tribunal, the attorneys and counsel for the parties being present or regularly notified to be present.

ARTICLE 54. The arbitral judgment, duly pronounced and notified to the attorneys of the parties to the litigation, shall decide the controversy finally and without appeal.

ARTICLE 55. The parties may, however, reserve in their submission the right to ask for a revision of this arbitral judgment.

In this case and in the absence of an agreement to the contrary, demand must be addressed to the tribunal that rendered the judgment. It can only be based upon newly discovered evidence which is of a character to exercise a decisive influence upon the judgment, and which at the time the hearing was closed was unknown to the tribunal itself and to the party which asks for a revision of the judgment. The revision can only be granted by a decision of the tribunal distinctly stating the existence of newly discovered evidence of the character specified in the preceding paragraph, and declaring that the prayer for revision is for this reason granted. The submission shall determine the time within which a prayer for a revision of the judgment shall be entered. ARTICLE 56. The arbitral judgment is obligatory only upon the parties who took part in the submission. When it consists in the interpretation of a convention in which other powers than those to the litigation have taken part, these shall notify the other parties of the submission upon which they have agreed.

Each of these other powers has the right to take part in the proceedings before the tribunal. If one or more of them shall avail themselves of this right, the interpretation embodied in the judgment shall be equally binding upon them.

ARTICLE 57. Each party to the controversy shall bear its own expense and an equal part of the expense of the tribunal.

districts enacted by the Illinois State Legislature on May 29, 1889. The trustees of the district are elected by popular vote, the district itself comprising all of the city north of Eighty-seventh Street, together with some forty-three square miles of Cook County outside of the city limits. The trustees are authorized to levy and collect taxes and, within limits, to issue bonds necessary for the prosecution of the work. Under this authority expenses aggregating $33,000,000 have been incurred, and the total cost of the canal is not likely to fall much below $35,000,000, or over $15 per capita for the entire population of the district.

The magnitude of the canal itself is commensurate with the expenditure. The channel proper extends from a point near Bridgeport to Lockport, about 29 miles to the southwest. A portion of the excavation lies along the former bed of the Desplaines River, a small stream which has been ejected from its original course and made to flow in the " river diversion' channel" especially constructed for this purpose at an outlay of $1,100,000. The wide fluctuations in the volume of the Desplaines, which is said to vary from a flow scanty enough to pass through a six-inch pipe to a volume of 800,000 cubic feet per minute, have rendered this special provision necessary. It is an interesting fact that in taking this channel the canal simply restores the prehistoric water-course, and that in earlier geologic times the great lakes drained into the Mississippi by way of the Illinois and Desplaines instead of into the St. Lawrence.

The huge controlling works for regulating the flow from the channel into the Desplaines Valley are at Lockport. The controlling works include large sluice gates and a bear-trap dam with an opening of 160 feet and an oscillation of 17 feet vertically. The fall from the controlling works to the upper basin at Joliet, four miles below, is about 42 feet. It is estimated that even when the channel carries only the minimum quantity of water required by law the falls will afford about 20,000 horse-power, which, converted into electricity and conducted to centers of distribution in Chicago, would yield aver 16,000 horse-power at the sub-stations.

The utilization of this water power has aroused much local interest. A special committee of the Civic Federation has made a careful study of the subject, and its report does not favor leasing the water privileges to private persons. They have expressed the following opinion on this point:

In conclusion, your committee is firmly convinced that no disposition of the water-power should be made at the present time, but that its full value, whatever that may be, should be preserved for the taxpayers of

the city and sanitary district. The value for a period of fifty years, according to conservative estimates based upon experience in other localities and upon the opinion of the most competent electrical engineers, would amount to from $30,000,000 to $50,000,000.

The main drainage channel is in part cut through solid rock and in part through glacial drift, the total amount of excavation involved being 26,261,815 cubic yards of glacial drift and 12,006,984 cubic yards of solid rock. The rock cuttings are about 160 feet wide at the bottom, with nearly vertical walls. The excavations through the sections, with a preponderance of hard material, provide for a flow of 600,000 cubic feet of water per minute, or a rate of flow sufficient for the requirements of a population of 3,000,000 people, which is about double the present population of the district. The narrower channel that has been cut through the more easily handled material provides for a flow of 300,000 cubic feet per minute, and can easily be enlarged by simple methods of excavation as the growth of the population demands. It is claimed that the canal will be navigable for any craft drawing less than twenty-two feet of water.

While the canal is primarily designed to carry off the waste of a great city, the projectors of the enterprise have not been blind to the commercial possibilities of a free waterway from Chicago to the Mississippi. It is estimated that the expense of the excavations and retaining walls already provided for by the sanitary district constitutes nearly two-thirds of the entire cost of such a ship channel, and it is hoped that the general Government, which has done so much to improve the Mississippi River, may eventually be induced to undertake the completion of the channel construction. Should this plan ever be executed, large steamers will be able to make their way from the great lakes to the Gulf of Mexico, and the commerce of the whole Mississippi Valley will be greatly stimulated and enlarged.

Many difficulties have been encountered in the construction of the canal, and it still meets with much opposition. A problem of the most serious character, and one upon which there exists great diversity of expert opinion, is concerning the effect upon the lake levels that will be produced by the withdrawal of the large quantity of water that the canal will divert. High authorities estimate that the abstraction of 300,000 to 600,000 cubic feet per minute will permanently lower Lakes Michigan, Huron, and Erie not less than three and not more than eight inches, accompanying this statement, however, with the reservation that it will take from three to four years for the full effect to be reached. Other engineers of equal competence place the maximum perma

nent depression at a lower figure. As a matter of fact sufficient data cannot at present be obtained to demonstrate satisfactorily and conclusively the effect of the contemplated change. Only the full operation of the canal, carefully watched and studied for a series of years, can be expected to solve the question.

saying: "What Why, the dredg within that much use a jackplane on

Admitting, however, the possibile occurrence of an eight inch lowering, speculation is rife as to the effect upon navigation likely to result from even a slight reduction in the depth of the lakes. Many of the lake harbors and channels are still shallow, despite the fact that they have been deepened at considerable expense by the general Government. Not a little anxiety is felt in several localities, and in case the vast commerce of the great lakes is interfered with by the permanent depression of level, the national authorities will doubtless be asked to intervene. There are, moreover, national interests involved which add to the serious character of the question. On the other hand, it is confidently claimed by eminent authorities that the probable depression of level will work no injury at all to the lake commerce. It is urged that since under present conditions fluctuations of several feet in the level do actually take place in a few days, a permanent change of a few inches would not be perceptible to navigation interests. Mr. Lyman E. Cooley, formerly chief engineer to the sanitary district, is reported as will three inches amount to? ing contractors can hardly get of specifications. You can't the bottom of the lake." Another question that has aroused much speculation is the possible effect of the canal upon the towns of the Illinois Valley. Inasmuch as a large portion of Chicago sewage, estimated as high as 80-90 per cent., has for some years passed into the Illinois River by way of the Illinois and Michigan Canal, the dilution of the sewage on the scale projected would seem to promise nothing but improvement. In the celebrated report of the English commission on the pollution of rivers it is estimated after careful examination that 9,000 cubic feet of water per minute renders the sewage of 100,000 people inoffensive. The dilution of 20,000 cubic feet per minute required by the sanitary district will unquestionably improve visibly the quality of the Illinois River and is amply sufficient to prevent a nuisance. The question of the use of the Illinois River as a source of water supply is, of course, quite a different one, but as a matter of fact no town at present derives its water supply from this river, and all the large towns along the bank of the stream pour their own untreated sewage freely

into it. The city of St. Louis, however, objects strenuously to the opening of the canal, on the ground that its own water supply, which is drawn from the Mississippi some thirty miles below the mouth of the Illinois, will be injuriously affected. The distance from Chicago is so great, however, the length of the Illinois alone being over 260 miles, and the problem is so compli. cated by the mingling of the Illinois water with that of the Mississippi and the Missouri, that available precedents for a decided opinion are altogether lacking. This being the case, the trustees of the sanitary district have wisely undertaken a thoroughgoing chemical and bacterial exam. ination of the present condition of the Illinois and Mississippi Rivers, with the intention of following up the investigation with a similar series of analyses made after the canal is opened. In this way and in this way only can the questions raised by St. Louis be satisfactorily and conclusively answered.

Many problems near at hand confront the sanitary district. The effect of the canal upon the navigation interests of the Chicago River, perhaps the most important navigable river of its length on the globe, is by some viewed with ap prehension. The river is narrow, tortuous, and beset by obstructions in the shape of bridges and piers of masonry, and the quickening of the cur rent that will result from the inrush of lake water when the canal is opened will, it is feared, render navigation difficult and dangerous, if not impossible.

Regarding the beneficial influence of the operation of the canal upon the Chicago water supply there can be no question. It may be taken as axiomatic that the larger the amount of sewage kept out of a water supply the less typhoid fever there will be in the community served by that supply.

Whether or not one holds the opinion that the construction of a canal was the most suitable and economical solution of Chicago's problem of water supply and sewage disposal-and even at this late date there are not lacking friendly crit ics of the whole undertaking-there can be no question that in view of the advanced stage of the enterprise justice demands that a fair trial be given it. If it should be found on impartial inquiry after the canal is put in operation that danger, inconvenience, and loss are resulting to other communities, ways must be found to remedy these difficulties. Attempts, however, to prevent the opening of the canal reveal a misconception of the magnitude of the interests involved as well as of the intricate character of the questions at issue and of the uncertainty that shrouds many of the points in dispute.