Salt Lake Herald | 1906-04-10 | Page 1 | Tunnel Must be Lowered

TUNNEL MUST BE LOWERED Chicago Wins Its Case Against the Street Railway in Su Supreme Supreme Supreme preme Court Washington April Chicago street railway case involving the rIght of the City of Chicago to compel the street railway of that city to remove or loter its tunnel under the Chicago I at Van Buren street was nas today decided by the supreme court of the United States against the company on the ground that the change Is an exercise of governmental authority in the Inter Interest Interest Interest est of the common welfare The chief justice and Justices Brewer White and McKenna dissented The proceeding grew out of an effort of the City of Chicago as the agent of the United States government to com corn compel compel pel by mandamus the street car com corn company p pany n to remove Its tunnel from front under the Chicago river or to lower it The proceedings were taken at the instance of the national government because b causo of Its decision to deepen the channel of the river The time fixed for the removal Is Istha the tha InsL after which time if it Is not removed the street car company will willbe willbe be required to pay a penalty of o a month The opinion is by Justice Har Harlan Harlan Harlan lan