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Chicago Fights Court Decision Offers to ‘‘Compromise’’ on 8500 Feet Per Second but Doubtful if Weeks Will Agree LTHOUGH the United States A Supreme Court has ordered the sanitary district at Chicago to obey the instructions of the secretary of war concerning the volume*of water which may be abstracted from Lake Michigan, it is not likely that vessel operators on the Great Lakes will find the going any easier during the coming season of navigation. The in- junction which the Supreme Court up- held requires the sanitary district to limit its diversion of lake water to 4167 cubic feet per second. Chicago, however, is still using 10,000 cubic feet per second. The decision of the Supreme Court is as yet without practical effect. This is because the secretary of war has granted the Chi- cago authorities a breathing spell of 60 days after which, unless a further extension is granted, the original in- junction must be obeyed. It now seems rather probable ‘that a further extension will be forthcoming on the strength of the plea that Chi- cago’s present sanitary arrangements necessitate 10,000 cubic feet per ,sec- ond and that public health would be endangered if the flow through the drainage canal were diminished with- out first providing alternate methods for the disposal of Chicago’s sewage. Big Fight Next Winter Meanwhile, the sanitary district au thorities are moving heaven and earth in Washington to get the law changed thus circumventing the Supreme Court’s. decision. Officials closely in touch with the leading vessel owning inter- ests on the Great Lakes do not be- lieve that this new legislation which Chicago is promoting will come to a head during this session of congress. It is expected, therefore, that the whole fight will be postponed until next winter. Meanwhile, under temporary permission of the secretary of war, things will go on as before with the sanitary district using 10,000 feet of water per second instead of 4167 feet as implified in the Supreme Court’s decision. Even if only 4167 cubic feet were aken this year, it is not likely that lake levels would be affected favorably for some time owing to the enormous area of water involved. If a final decision favorable to navigation inter- ests is reached next winter it is not likely that its benefits would become apparent until 1927 or 1928. Eventu- ally, however, the efforts being made by the Lake Carriers association on ‘behalf of all navigation interests on the Great Lakes will bear fruit. Meanwhile, it has been clearly pointed out by experts that the pro- posed deep water channel through the Close Sluice Gates, Orders Weeks Secretary of war Weeks threw a bombshell into the camp of the Chicago water diversionists when he told them on Feb. 20 that they would have to get down to 4167 cubic feet per second “at as early a date as practicable.” Just what this means remains to be seen but indicates that the sanitary dis- trict will not be given unlimited time to provide new means for handling Chicago’s sewage. Mr. Week’s statement is as follows: “T care for no argument justify- ing the permanent diversion of 10,000 cubic feet a second nor will I, as an official, grant any permis- sion to exceed the present diver- sion heretofore authorized except as a temporary measure, and then only for such a length of time as is necessary for the sanitary dis- trict of Chicago in good faith to meet conditions that now con- front them. “As I view the situation I am concerned in the sanitary district of Chicago reducing its diversion of the waters of Lake Michigan to that heretofore authorized, namely 4167 cubic feet of water a second at as early a date as practi- cable. Now, gentlemen, with this limitation you may proceed.” Illinois canal and down the Mississippi river would require only 1000 cubic feet per second. It is believed that when this project has served its pur- pose as the stalking horse for the sanitary district, it will quietly be dropped. Meanwhile, all that stands between the vessel owners of the Great Lakes and the losses which would result from an even greater re- duction in the depth of water are the courageous efforts of the Lake Carriers association to obtain a de- cision on this great public question on its. merits. The Chicago interests are still fighting 81 and. the following represents the point of view of prominent business interests in the Illinois city: Since the United States Supreme Court on Jan. 5 allowed 60 days within which to comply with the war department permit limiting the diversion of Lake Michigan into the Chicago drainage cana! to 4167 cubic feet per second, events indicate that Chicago will win more than it loses. _ Secretary of War Weeks has before him the recommendations of army engi- neers that a diversion of 8500 feet per second be permitted, contingent upon Chi- cago’s getting under way at once a pro- gram that will, within a period of 5 years, provide for metering 90 per cent of its water service and the comple- tion of a disposal works sufficient to treat the sewage of a population of 1,200,000, permitting the federal government to supervise both the metering and the dis- posal work, and posting a $1,000,000 bond that Chicago will pay its share of com- pensating works to raise lake levels if this be found necessary. Will Consider Recommendation At present the outlook is that Sec- retary Weeks will act upon this recom- mendation. It is believed that in insisting on a 10,000 foot flow Chicago has been advancing an outside figure, and that 8500 feet will be sufficient. Under the terms of the army engineers’ recommen- dations the diversion is to be reduced to 4400 feet at the end of five years. Mean- while, if 90 per cent of the city’s water service is metered, the waste flow into the drainage canal will be reduced some 2100 feet and the necessity for diversion lessened that much. Since the court’s decision Jan. 5, the op- position to Chicago, which includes Can- ada and all of the rest of the Great Lakes region, has necessarily been lim- ited to pressure upon the war depart- ment to hold to its 4167 foot permit. The court decision did not directly re- strict diversion to this volume but held Chicago amenable to the war department’s judgment in the matter. The McCormick congressional water- ways commission has just reported in favor of a diversion of 10,000 feet as necessary to maintenance of a proper depth in the Lakes-to-Gulf waterway. The New Orleans association of com- merce has adopted a resolution of like import. The Illinois legislature, after