Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1906-04-17
CITY OF chicago
Wins Tunnel Case
SUPREME COURT DECIDES TRAo-
TON COMPANY MUST RE-
MOVE OR LOWER BORE.
INTERESTS OF COMMON
WELFARE ARE INVOLVED
Corporation Must Defer to Ruling for
Benefit Of Public in Deepening Riv-
er-Cleveland Street Railway Wins
Charter Fight.

Washington, April 10.-The Chicago
street railway case, involving tho
right of the city of Chicago to compel
the street railway company Of that
city to remove or lower its tunnel I'M
der the Chicago river at Van Buren,
street, was Monday decided by the SUI
preme court of the United States
against the company on the ground
that the change is an exercise of gov
ernmental authority in the interests
of the common welfare. The chief
justice and Justices Brewer, White
and McKenna dissented. The opin-
ion of the court was by Justice Har-
Ian.
The proceeding in this case grew
out of an effort on the part Of the city
of Chicago, as the agent of the Unit
ed States government, to compel by
mandamus the street car company to
remove its tunnel from under the
Chicago river, or to lower it. The
proceeding was taken at the instance
of the national government because
of its decision to deepen the channel
of the river. The time fixed for the
removal is the 18th inst, after which
time If it is not removed the street
car company will be required to pay
a penalty of $4,000 a month. In the
trial of the case the company admit
ted the ownership of the land where
the tunnel is located by the city, but
commended that as, at the time the
tunnel was constructed, it was law
full structure, neither the city of Chi
cago, the state of Illinois or the Unit
ed States has power to compel its re-
moval without compensation. It was
therefore pleaded that interference
with the tunnel would be violation
of contract. The state supreme court
did not accept the companys conten-
ton and the case was brought to the
federal supreme court by the railroad
company on writ of error.
City of Cleveland Loses.
The case of the city of Cleveland
VS.. the Cleveland Electric Railway
company was decided Monday by the
supreme court of the United States
in favor of the company. The case
involved the right of the city to grant
charter to a new street car line to
operate in Woodland avenue in the
face of the contention of the old coma
pany that it's charter had not expired.
The opinion was by Justice McKenna.
This case presented phase of the
| effort to force three-cent fares on the
street railways in Cleveland. The
electric company claimed the control
of the streets of the city until 1908,
and the action was begun by the COM
pany to contest the grant of charter
by the city to the Forest City COM
| pany for line along Woodland ave-
nue.. The old company attacked this
charter as violation of its contract
with the city under it's own charter
and charged the granting Of it to be
"a part of the conspiracy between the
city and Forest City company to com:
| pei the old company to submit to
| three-cent fares. The old company
asked the courts to declare the new
companys charter to be null and void
! and to restrain it from proceeding.
The circuit court granted this prayer
and the city appealed to the supreme
court, with the result of securing an
affirmation of the decision against it.