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Show GREAT LAKES LITIGATION 657 Drainage Canal as sewage. The amount so diverted is to be deter- mined by deducting from the total flow at Lockport the amount of water pumped by the City of Chicago into its water mains and as so computed will include the run-off of the Chicago and Calumet drain- age area. 5. That the defendant the Sanitary District of Chicago shall file with the clerk of this Court semi-annually on July first and January first of each year, beginning July first, 1930, a report to this Court adequately setting forth the progress made in the construction of the sewage treatment plants and appurtenances outlined in the program as proposed by the Sanitary District of Chicago, and also setting forth the extent and effects of the operation of the sewage treatment plants, respectively, that shall have been placed in operation, and also the average diversion of water from Lake Michigan during the period from the entry of this decree down to the date of such report. 6. That on the coming in of each of said reports, and on due notice to the other parties, any of the parties to the above entitled suits, complainants or defendants, may apply to the Court for such action or relief, either with respect to the time to be allowed for the con- struction, or the progress of construction, or the methods of operation, of any of said sewage treatment plants, or with respect to the diversion of water from Lake Michigan, as may be deemed to be appropriate. 7. That any of the parties hereto, complainants or defendants, may, irrespective of the filing of the above-described reports, apply at the foot of this decree for any other or further action or relief, and this Court retains jurisdiction of the above-entitled suits for the purpose of any order or direction, or modification of this decree, or any supple- mental decree, which it may deem at any time to be proper in relation to the subject matter in controversy. The Chief Justice took no part in the consideration or decision of these cases. NOTES The decree entered by the Court in this cause on April 21, 1930, appears in 281 U.S. 696. It follows in every substantial respect the text of the last paragraph of the opinion reprinted above. Later proceedings.-(A) Wisconsin v. Illinois, 289 U.S. 395 (1933) - In October 1932, Wisconsin, Minnesota, Ohio, and Michigan asked the Court to appoint a commissioner to execute the April 21,1930, decree. They complained that the Sanitary District of Chicago had unjusti- fiably delayed initiating construction of the works required. A Special Master appointed by the Court found that there had been "a total and inexcusable failure" on the part of the defendants to apply to the Secretary of War for approval of construction of control works in the Chicago River and that construction of the Southwest Side Treat- ment Works had been delayed to the point where they would not be completed within the time allowed by the decree. The Master also found that the Sanitary District's financial situation was such that it could not contract for construction of the works and that, therefore, the State of Illinois should be required to provide the necessary money. Among a number of objections to the Master's recommendations raised by the defendants were these: (1) That the State of Illinois was not the "active defendant" in the case and that there had been and |
