River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1901-01-31
DECISION HITS THE CANAL
Supreme Court of United States
Rules Against Sanitary Board
and State of Illinois.
VICTORY IS FOR STATE OF MISSOURI.
Chief Justice Fuller and Two Associ--
ate justices Dissent from Opinion
Suit for the Injunction Will Now
Come Up Before the Supreme Court
Probably Next Fall.

Washington, Jan. 29.-The United
States supreme court Monday rem
dered an opinion in the case of the Chi
cago drainage canal, overruling the de-
murrers filed in the case by the state
of Illinois and the Chicago drainage
canal district board. The proceeding
was brought by the state of Missouri
against the state of Illinois and the
drainage board, the end sought being
to prevent the use of the canal because
of its supposed pollution of the drink
ing water of St. Louis. The effect of
the decision is TO sustain the eonten-
ton of the state of Missouri. The opin
ion was handed down by Justice
Shiras. The chief justice and Justices
Harlan and White united in a dissent
ing opinion.
Two Questions Involved.
In his opinion, Justice Shiras cited
the original bill and the demurrer III
the case. Then taking up the case he
said that two questions are presented
in it. The first of these was:
whether the allegations of the bill
disclose the case of a controversy be
tween the state of Mis;ouri and the
state of Illinois and a citizen thereof
within the meaning of the constitution
and the statutes of the United states
which create and define the original juris-
diction of this court" and the second:
whether if it be held that the allega-
tions of the bill do present such contro-
versy, they are sufficient to enutle the
state of Missouri to the equitable relief
prayed for
The Dissenting Opinion.
Chief Justice Fuller read the dis
senting opinion, holding that the
jurisdiction of the supreme court
could only be invoked in cases in
which it appears that states are in
direct antagonism and that this is
true in this case. He also said that it
was difficult to conceive what decree
could be entered in this case which
would bind the state of Illinois or con-
troll its action"
Springer Files New Answer.
Judge Springer Immediately asked
leave to file separate answers of the,
state of Illinois and the sanitary dis
trict to the bill of complaint of the
state of Missouri. Leave was granted
and the answers were filed at once,
having been fully prepared in antici-
patton of the decision given Monday.
The opinion of the count has not
been written and will not be in print
for several days. The decision of the
majority was given for the stated rea-
son that the bill for an Injunction dis
closed on its face cause of action
on the part of the state of Missouri
against Illinois and the sanitary dis
trict.
To BE Tried in Washington.
As a result of the decision the case
will be tried in Washington instead
of Chicago. 1t is not expected that
it win come up again before next fall.
In giving temporary victory to St.
Louis the court makes the case of I'M
usual interest from the fact that
original actions before the highest
court of the country are few. All the
expert testimony as to sanitary sci
ence and drainage, as well as other
points of more than local interest.
will be introduced first in this in
stance before the court of last resort.
Missouri to Amend Petition.
B. Schumacher, of St. Louis, coun-
sci for Missouri. was in court. He
said that in view of the fact that the
bill when filed set forth tnat the state
of Illinois and the sanitary district
were 'about TO turn water into the
channel" he would amend his petition
so as to read that water had been
turned in" When this amendment is
filed in Illinois the sanitary district
will file amendments to the amended
petition, issues of fact will thus be
presented and the case will be CON
tinued until next fall to enable proof
to be taken.
Kansas Temperance Union,
Tor, DO Ann.