Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-04-27
THE CHICAGO TUNNELS
Secretary Taft's Decision in
Regard to Them.
A DELAY UNTIL JULY l, 1906
Given for q Rehearing by the Su-
preme Court.
IF NO EVIDENCE OF INTENTION
To Comply With the Law the Matter
Win Be Referred to the
District Attorney.
A DELAY UNTIL JULY l, 1906
IF NO EVIDENCE OF INTENTION

District Attorney.
Secretary TAFT today made the following
decision In the matter Of the Chicago tun-
neis:
Congress by law has declared the tunnels
under the Chicago river to be nuisance
and an obstruction to navigation. and re-
quired the Secretary Of War to notify the
persons, natural and artificial. maintaining
them, Of the action Of Congress and to re-
Quire them within time to be fixed BY
him to remove or lower the tunnels.
The Secretary OF War. In accordance with
this authority and direction. notified the
city Of Chicago and the street railway COM
panies occupying the tunnels that they
should be lowered or removed to a depth
so AZ to make the depth of the water over
them twenty-five feet. by the 18th Of April.
1903 Application Is now made for an ex-
tension Of this time. No attempt has been
made to change the tunnels and no con-
tracts have been let and no steps taken
with respect to construction which Will re-
suit In q compliance with the order OF the
Secretary Of War under the act of Con-
xress.
The application for an extension is based
on the conditions that exist in the city OF
Chicago with reference to the use OF the
tunnels and Its effect a controversy be-
tween the street railway Companies and
the city. These controversies have resulted
In litigation as to the length OF franchise
which the street railway companies are
entitled to enjoy One hundred and fifty
million people are carried through the tun-
nels annually, and II their use Is discon-
tfnued, and nothing else substituted, 1t Is
feared there will be great congestion and
great inconvenience to the people Of Chi
cago. The fact is that the street railways
and the city have not been able to reach
an agreement as to their respective rights,
and apparently cannot make temporary
compromise which shall supply a temporary
substitute for the tunnels without making
a concession on the one side or the other
which 1t Is believed by the party asked
to make the concession would permanently
injure and affect its right. The chief con-
troversy has been carried to the Supreme
Court Of the United States and has been
decided adversely to the street car compa-
MES. and the franchise which they claimed
to be for ninety-nine years in extent has
been found to have expired. motion for.
rehearing has Just been made and 1t is,
thought 1t will be disposed of before the
rising Of the court in the latter part OF
May. If a rehearing Is not granted and
the Judgment Of the court remains as al,
ready entered. 1t Is thought that there will
be no difficulty in the speedy adjustment
OF the questions pending between the city
and the traction companies. and the tun-
nels will then be lowered.
The Complaint of Unconstitutionality
It is commended by the representatives Of
the city and Of the street railroad CON-
panies. who Join in the application Of the
city for an extension OF time. that the
law under which the Secretary Of War has
already acted is Unconstitutional, In that It
makes no provision for compensation to
the city and the railroad companies, who
are entitled to it II they are compelled
to lower the tunnels. do not think the
contention can be sustained. and certainly,
as an executive officer, shall assume the
validity of the law until the courts de-
clare otherwise. 1 cannot recognize that
the difficulty In reaching a compromise by
the city with the traction companies can
or ought to affect legally the right Of the
people of the United States to make the
Chicago river navigable. It is impossible
to admit that one of the parties to q local
municipal controversy may justify It's fall
ure to comply with the law of the United
States on the ground that II it should COM
ply with the law OF the United States It
would be losing point in its contest with
the other party-a contest in which the
United States has no interest whatever
1t Is the duty OF the Secretary Of War to
comply with the act of Congress and secure
the lowering Of the tunnels. Therefore /
should pursue the most practical way to
bring this about. could Forthwith request
the district attorney to institute prosecu-
tons against the corporations, the city and
the traction companies under this act. in
order to secure the imposition of fine
every month of $4,000 while my order is
not complied with In that case the Ques-
ton would be raised on demurrer to the
information or indictment whether the law
was constitutional, and the question might
be carried to the Supreme Court. While
the prospect of paying $4,000 a month
would have a deterrent influence on any
delay by the city or the railway companies
in the case, the litigation with a jury trial
would be likely to continue for some time
Even IL at the end We recovered 500 1000
as the result of fine imposed by the court,
we should still not have the tunnels lowered
until after the end OF the litigation. Now
| am promised by the mayor of the city and
by the representative of the railway COM
panies that upon the disposition of the petit
ton for rehear!ng, steps will at once be
taken to lower the tunnels without any at
tempt to test the validity of the law or re-
sist Its enforcement According to the
usual practice, the petition for rehearing
will be disposed of before the end of the
term of the court in May, and l am assured
that all preparations are being made now
for the lowering of the tunnels In accord
ance with plans prepared by the engineers
of the city and the traction companies on
the assumption that the position will be
overruled.
Without conceding that the situation Is
one that legally justifies granting an ex-
tension, nevertheless for practical reasons
and accepting the statement made On De-
half of the city and traction companies as
in good faith that when the judgment OF
the Supreme Court shall be final by the
overruling Of the petition for rehearing.
work will begin, L extend this leave until
the 1st OF July. This will give full month
after the petition for a rehearing has been
disposed of in which to make real prepara-
tions to do the work which must be done.
II the petition for reheartng. instead Of be-
ing oyerruled, Is granted. 1t will give
month In which on that basis an ADJUST
ment between the city and the traction
companies can be arrived at. II there Is
on July 1. 1905. no real evidence OF an In
tention to comply with the law in pre-
iiminary work. the enactment Of ordinances,
the appropriation OF money, the making OF
plans and the beginning of the work itself.
I shall not feel justified In granting any
further extension and shall refer the mat
ter to the district attorney in accordance
with law WILLIAM H. TAFT,
Secretary OF war.
CHACKSMEN BUSY.