Wisconsin v. Illinois
Encyclopedia
Wisconsin v. Illinois, also referred to as the Chicago Sanitary District Case, is an opinion of the Supreme Court of the United States
which held that the equitable power of the United States
can be utilized to impose positive action on one state in a situation in which nonaction would result in damage to the interests of other states. Pursuant to Article Three of the United States Constitution
, the case was heard under the Supreme Court's original jurisdiction
because it involved a controversy between two states, Illinois
and Wisconsin
. Chief Justice
William Howard Taft
wrote the opinion for a unanimous Court.
increasingly was diverting Great Lakes
waters to carry off sewage through a long-established drainage canal, the Chicago Sanitary and Ship Canal
. Illinois claimed that these increasing amounts of diverted water were made necessary by Chicago's growth. Wisconsin, however, claimed that the diversion was lowering lake levels, thereby impairing its transportation facilities and abilities.
After exhaustive hearings, a special master
was assigned by the Supreme Court of the United States
to consider the facts of the case fixed maximum diversion at a point below that necessary for continued utilization of the drainage canal system alone, thereby requiring the construction of sewage disposal works, but the City of Chicago and the State of Illinois procrastinated. The State of Illinois excepted to the special master's findings, and the Supreme Court heard the case en banc
over two days in April, 1928.
Chief Justice Taft's opinion for the Court finally settled the question of the authority of the United States to intervene to enforce action by a state in such a situation. He wrote, "In deciding the controversy between States, the authority of the Court to enjoin the continued perpetration of the wrong inflicted on the complainants, necessarily embraces the authority to require measures to be taken to end the conditions, within the control of the defendant state, which may stand in the way of the execution of the decree." This quote is not from the actual opinion of the case.
The Court entered its decree shortly thereafter, .
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
which held that the equitable power of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
can be utilized to impose positive action on one state in a situation in which nonaction would result in damage to the interests of other states. Pursuant to Article Three of the United States Constitution
Article Three of the United States Constitution
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.-Section 1: Federal courts:...
, the case was heard under the Supreme Court's original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
because it involved a controversy between two states, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
and Wisconsin
Wisconsin
Wisconsin is a U.S. state located in the north-central United States and is part of the Midwest. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake Michigan to the east, Michigan to the northeast, and Lake Superior to the north. Wisconsin's capital is...
. Chief Justice
Chief Justice of the United States
The Chief Justice of the United States is the head of the United States federal court system and the chief judge of the Supreme Court of the United States. The Chief Justice is one of nine Supreme Court justices; the other eight are the Associate Justices of the Supreme Court of the United States...
William Howard Taft
William Howard Taft
William Howard Taft was the 27th President of the United States and later the tenth Chief Justice of the United States...
wrote the opinion for a unanimous Court.
The case
The city of ChicagoChicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
increasingly was diverting Great Lakes
Great Lakes
The Great Lakes are a collection of freshwater lakes located in northeastern North America, on the Canada – United States border. Consisting of Lakes Superior, Michigan, Huron, Erie, and Ontario, they form the largest group of freshwater lakes on Earth by total surface, coming in second by volume...
waters to carry off sewage through a long-established drainage canal, the Chicago Sanitary and Ship Canal
Chicago Sanitary and Ship Canal
The Chicago Sanitary and Ship Canal, historically known as the Chicago Drainage Canal, is the only shipping link between the Great Lakes and the Mississippi River system, by way of the Illinois and Des Plaines Rivers...
. Illinois claimed that these increasing amounts of diverted water were made necessary by Chicago's growth. Wisconsin, however, claimed that the diversion was lowering lake levels, thereby impairing its transportation facilities and abilities.
After exhaustive hearings, a special master
Special master
In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...
was assigned by the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
to consider the facts of the case fixed maximum diversion at a point below that necessary for continued utilization of the drainage canal system alone, thereby requiring the construction of sewage disposal works, but the City of Chicago and the State of Illinois procrastinated. The State of Illinois excepted to the special master's findings, and the Supreme Court heard the case en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
over two days in April, 1928.
Chief Justice Taft's opinion for the Court finally settled the question of the authority of the United States to intervene to enforce action by a state in such a situation. He wrote, "In deciding the controversy between States, the authority of the Court to enjoin the continued perpetration of the wrong inflicted on the complainants, necessarily embraces the authority to require measures to be taken to end the conditions, within the control of the defendant state, which may stand in the way of the execution of the decree." This quote is not from the actual opinion of the case.
The Court entered its decree shortly thereafter, .