1905, is defective, merely. It seems to us it is clearly void. This being true, the original ordinances furnished no basis or authority for imposing the special tax by new ordinances to pay for the work already done by the village under void ordinances.

We are of opinion the court erred in overruling objections and rendering judgment for the taxes. The judgment is therefore reversed.

Judgment reversed.

THOMAS F. JUDGE, Appellant, vs. ADOLPH BERGMAN et al.

Appellees.

Opinion filed April 19, 1913.

I. SANITARY DISTRICTS-primary object of Sanitary District of Chicago. The primary object in organizing the Sanitary District of Chicago was to dispose of the sewage of the district without pollution of the waters of Lake Michigan, which furnishes drinking water for the inhabitants of a large portion of the district.

2. SAME-powers of sanitary district are not limited to territory outside of other municipalities. The powers delegated to the Sanitary District of Chicago may be exercised in furtherance of the purposes of the district within as well as without the territory of other municipalities which are wholly or partly within the territory of the sanitary district.

3. SAME-what is meant by "adjuncts" and "additions." The words "adjuncts" and "additions," used in the Sanitary District act, mean auxiliary channels to bring the sewage and drainage from the sewers and sewer systems of the various municipalities within the district into the main channel of the district; but the question as to what is or is not an "adjunct" or "addition" must be determined by the facts of the particular case.

4. SAME-purpose of constructing north shore channel. The purpose of the construction of the north shore channel by the Sanitary District of Chicago was to convey the sewage of the city of Evanston, and of the other municipalities north of Chicago and within the boundaries of the district as extended by the act of 1903, to the main channel of the district through the connection of the north shore channel with the sewer systems of such municipalities.

5. SAME-power of sanitary district to build intercepting sewer and pumping plant. Where a city lying within the Sanitary District of Chicago has a complete and adequate system of sewers, which discharge into Lake Michigan, with the result that the water supply of inhabitants of the district living outside of the city is contaminated, the sanitary district may construct, at its own expense, an intercepting sewer, conduits and sewage pumping plant to divert the sewage into the channel of the district, without regard to the question whether the city would have power to make the same improvement. (City of Chicago v. Green, 238 Ill. 258, explained.)

APPEAL from the Branch "D" Appellate Court for the First District;-heard in that court on appeal from the Circuit Court of Cook county; the Hon. RICHARD S. TUTHILL, Judge, presiding.

CALHOUN, LYFORD & SHEEAN, for appellant.

EDMUND D. ADCOCK, (JOHN C. WILLIAMS, and Ross C. HALL, of counsel,) for appellees.

Mr. JUSTICE VICKERS delivered the opinion of the court:

Thomas F. Judge, as a citizen and tax-payer of Cook county, filed a bill in equity for the purpose of enjoining the trustees of the Sanitary District of Chicago from constructing and maintaining a proposed system of conduits, sewers and a pumping station in the city of Evanston and from expending the funds of said sanitary district for said improvements, basing his claim for relief upon a want of power to construct and pay for said improvements. The theory of the bill is that the proposed conduits, sewers and pumping station are purely local improvements, designed to supplement the local sewer system of the city of Evanston, and as such should be constructed and paid for by the city of Evanston, by special assessment or otherwise. Defendants answered the bill, and the cause was heard by the court upon the bill and answer and a stipulation as to the facts. A decree was entered in the circuit court of Cook county

dismissing the bill for want of equity. To reverse that decree the complainant below prosecuted an appeal to the Appellate Court for the First District. The Appellate Court affirmed the decree of the circuit court, and granted a certificate of importance and an order allowing an appeal to this court.

The Appellate Court summarizes the material facts of the stipulation as follows: "That complainant is a citizen, a voter and a tax-payer of said sanitary district; that defendants are the trustees thereof; that the main channel of the district was completed in 1900, and that its effect was to change the course of the Chicago river so that it now flows away from Lake Michigan and discharges into the Desplaines river at Lockport, affording an outlet in that direction for the drainage and sewage of the city of Chicago, which formerly was discharged into the lake; that by the act of the General Assembly of May 14, 1903, said district was enlarged so as to include the city of Evanston and the villages of Wilmette, Gross Point, Kenilworth, Winnetka and Glencoe on the north and others on the south; that thereafter said district constructed a channel or drainage ditch known as the 'north shore channel,' extending from the north branch of the Chicago river to a point on the shore of Lake Michigan near the boundary line between Evanston and Wilmette, 'for the purpose of furnishing an outlet for the drainage and sewage of the city of Evanston, the village of Wilmette and other villages lying to the north of the city of Chicago,' which channel runs through the north-western portion of Evanston, and to provide for a sufficient flow of water for said channel a pumping station has been installed at the lake end of the same; that said channel 'is of sufficient capacity to carry off and divert into the north branch of the Chicago river, and thence into said main channel, all of the drainage and sewage of the village of Wilmette, the city of Evanston and all other villages lying north of the city of Chicago

when such drainage and sewage is diverted into said north shore channel;' that the city of Evanston has a shore line of approximately three and one-half miles along Lake Michigan, is from one and a half to two miles in width, with a population of over 25,000, and on and prior to May 23, 1912, had, and now maintains, an extensive system of sewers, through which the sewage and drainage of that part of the city which lies south and east of the north shore channel are discharged directly into Lake Michigan; that the effect of this is to pollute and contaminate the water of the lake, and 'that at times said contaminative effect extends as far south as to include a part of the water supply of the city of Chicago, and as far north as to include the water supply of some of the municipalities lying north of said city of Evanston;' that Lake Michigan is the source of the water supply of almost all of the people of the sanitary district; that the total assessed valuation of all taxable property within the limits of the city of Evanston for the year 1911 was $11,021,698, and its total indebtedness, including $146,100 of bonds, is $356,100; that on May 23, 1912, appellees, as trustees of said sanitary district, passed an order directing the chief engineer of the district to prepare detailed plans and specifications for the construction. of a system of intercepting sewers and conduits at an estimated cost of $405,000, and that they are about to construct the same at the sole expense of said sanitary district; that the plans for said work provide for the construction of a pumping station on the lake front, in Evanston, for the purpose of pumping sewage coming from the lower parts of the city along the lake front to such an elevation that it can flow into the north shore channel of said district, ‘it being impossible to divert said sewage into said north shore channel except by pumping the same;' that the 'proposed conduits are three feet in diameter at their southern extremities and gradually increase in size until said conduit is ten feet in diameter;' that 'the sole function of the

works covered by said order of May 23, 1912, and shown in heavy red lines on said complainant's Exhibit 1, is to receive from the sewers built and maintained by the city of Evanston, as shown on said Exhibit 1, the sewage before it is discharged into the waters of Lake Michigan and to convey the same into said north shore channel.' A map attached as Exhibit 1 shows in small lines and figures what seems to be a practically complete system of sewers covering the whole city of Evanston, the main lines of which run east and discharge into Lake Michigan. Said map also shows in heavy red lines the location and direction of the proposed conduits. Two branch lines are thus shown, beginning in the southern part of the city, one running north along the lake shore and the other further west, intercepting the existing sewers. These branch lines meet near the pumping station, from which a single larger conduit proceeds in a north and westerly direction to the north shore channel."

The city of Evanston is wholly within the Sanitary District of Chicago. It has a complete and efficient system of sewerage, amply sufficient to properly dispose of its sewage. The only reason for constructing the conduits along the lake front is to intercept the sewage of the city and convey it to the north shore channel of the sanitary district instead of allowing it to be deposited in Lake Michigan. It is stipulated that the depositing of the sewage by the city of Evanston into Lake Michigan pollutes the water, not only in that portion of the lake opposite the city of Evanston, but above and below as well. Substantially the whole of the sanitary district is dependent upon Lake Michigan for its water supply. The primary object in organizing the Sanitary District of Chicago was to dispose of the sewage without pollution of the waters of Lake Michigan. This purpose was accomplished, at the cost of many millions of dollars, by constructing the main channel of the sanitary district canal, with such adjuncts and ad