Majesty's Government in Canada, in accordance with the wishes of the Governments of Ontario and Quebec, to seek a solution by reference to the Courts. Steps have since been taken to this end, and it is anticipated that the reference will come before the Supreme Court of Canada at an early date. It was further indicated in my previous note that, with the constitutional question in process of solution, His Majesty's Government in Canada would be in a position, upon learning whether the Government of the United States considered that the procedure suggested by the National Advisory Committee formed an acceptable basis of negotiation, to consult with the Provinces of Ontario and Quebec upon the aspects of the problem with which they may be concerned. While the acceptance by the United States of this basis of negotiation is attended with important qualifications, yet the position of the Government of the United States has been made sufficiently clear and definite to permit the Government of Canada to take the necessary step thus contemplated and discuss with the provinces the aspects in question. Following this consultation, His Majesty's Government in Canada will be in a position to inform the Government of the United States further of its views on the proposals contained in your note of March 12th. I have [etc.] LAURENT BEAUDRY (For the Minister) 711.42157 Sa 29/434 The Secretary of State to the Canadian Minister (Massey) WASHINGTON, April 7, 1928. SIR: I have the honor to receive your note of April 5, 1928, with reference to the negotiations between the Canadian Government and the United States looking to the construction of the deep St. Lawrence waterway. I note your suggestion that the position of the United States has been made sufficiently clear and definite to permit the Government of Canada to take the necessary steps contemplated and to discuss with the provinces of Ontario and Quebec the aspects in question. I entirely agree with you that there is no reason why at this time the Government of Canada should not take up such discussion with the provinces. I note also that His Majesty's Government of Canada suggests that it would be advisable that definite and agreed engineering proposals for the development of the International Section would appear to be necessary preliminary to any computation of costs or decision as to the order of construction or division of tasks and that a conference should be held between the Canadian section of the Joint Board and engineers representing the province of Ontario. Further that it would be advisable that such a conference should be followed by reconsideration of the engineering problems in the International Section by the whole Joint Board. Of course, the Government of the United States fully realizes the desirability of the Canadian Government's consultation with the provinces and with the Canadian section of the Joint Board of Engineers. The United States section of the Joint Board will be prepared at any time to take up with the full Board and discuss and reconsider engineering problems connected with the construction of the International Section. I have the honor to suggest, however, that it would seem as though the entire subject of treaty negotiation need not be postponed until the termination of these discussions and of the reconsideration by the Joint Board of Engineers and that it might be desirable for the negotiations to go on concurrently with the examination of such engineers as their advice and assistance would be necessary. The United States will be prepared to cooperate to the fullest extent with the Canadian Government at any time for the purpose of accomplishing the improvement contemplated. Accept [etc.] FRANK B. KELLOGG REFERENCE TO INTERNATIONAL JOINT COMMISSION OF CERTAIN QUESTIONS RELATING TO DAMAGES TO PROPERTY IN THE STATE OF WASHINGTON BY FUMES FROM THE SMELTER AT TRAIL, B. C. 711.4215 Air Pollution/37a The Secretary of State to the Minister in Canada (Phillips) No. 111 WASHINGTON, December 20, 1927. SIR: American property owners in the State of Washington on the American side of the boundary between the United States and Canada have complained of extensive damages to their properties including trees and crops resulting from the drift of fumes from the works of the Consolidated Smelting and Mining Company of Canada, Limited, at Trail, British Columbia. In compliance with instructions from the Department the Consul General at Ottawa brought this question to the attention of the Canadian authorities.49 In a despatch dated August 20, 1927, from the Consul General 50 it was stated that the matter had been referred to the British Columbia authorities for investigation and report, and that he had received a communication from the Acting UnderSecretary of State for External Affairs informing him that steps had been taken to have the submission of the report expedited. In the judgment of the Department this is a question which might be referred for examination and report to the International Joint Commission in pursuance of Article IX of the Boundary Waters Treaty Between the United States and Canada of 1909.51 In view of the fact that American properties have been damaged by the fumes from the smelting works at Trail, British Columbia, over a period of several years and the Canadian authorities have not as a result of representations made by the Consulate General taken any definite steps to afford relief to the American property owners, it is desired that you inquire of the Canadian Government whether it would be agreeable to having a joint reference of this matter made by the two Governments to the International Joint Commission for examination and report. It is requested that you inform the Canadian Government that this Government suggests that it be provided in the terms of reference to the Commission that the Commission shall make an investigation in order to determine the extent to which properties on the American side of the boundary have been injured or destroyed as a result of the fumes, and the extent of damages caused to property owners, and to submit a report containing its findings on these questions and recommendations as to such measures as in the view of the Commission will protect the American property owners from damage by these fumes in the future. In taking up the matter with the Canadian Government, you should request that if it agrees in principle to the suggested terms of the reference, it designate a scientist to confer with a scientist to be designated by this Government and prepare the exact terms of reference. As the American property owners desire that some action be taken as soon as possible with a view to remedying the situation complained of it is requested that you inform the Department as soon as possible of the views of the Canadian Government in regard to this proposal. I am [etc.] "Foreign Relations, 1910, p. 532. 237577-43-13 For the Secretary of State: 711.4215 Air Pollution/48 The Secretary of State to the Minister in Canada (Phillips) No. 160 WASHINGTON, February 18, 1928. SIR: In your despatch No. 182 of December 22, 1927,52 you reported that you had addressed a note to the Secretary of State for External Affairs, suggesting that the question of the extent of damages to trees and crops of property owners in the State of Washington from the drift of fumes from the Consolidated Smelting and Mining Company of Canada be referred to the International Joint Commission for investigation, report and recommendations. The complaint of property owners in Washington whose property has been damaged by the fumes from the smelter was called to the attention of the Canadian Government by the Consulate General at Ottawa as long ago as June 1927. If the matter is to be referred to the Joint Commission as suggested it will be necessary to obtain from the present Congress an appropriation to defray the portion of the cost of the investigation which will be chargeable to the United States. It is therefore important that the Department be informed at an early date regarding the attitude of the Canadian Government with respect to the suggested reference to the Joint Commission. The Department will appreciate anything that you can do to expedite a reply to the note which you stated in your 182 of December 22, 1927, had been addressed to the Secretary of State for External Affairs. I am [etc.] For the Secretary of State: 711.4215 Air Pollution/49 The Minister in Canada (Phillips) to the Secretary of State No. 259 OTTAWA, February 27, 1928. SIR: Referring to the Department's instruction No. 160, of February 18, concerning the question of the extent of the damages to trees and crops of property owners in the State of Washington from the drift of fumes from the Consolidated Smelting and Mining Company of Canada, I have the honor to transmit herewith enclosed an original duplicate, with enclosures, of a note received from the Department of External Affairs today on this subject. "Not printed. In view of the observations of the Secretary of State for External Affairs on page 2, I should be pleased to be instructed as to what further action, if any, the Department desires the Legation to take in the matter. I have [etc.] For the Minister: H. DORSEY NEWSON Second Secretary of Legation [Enclosure] The Canadian Secretary of State for External Affairs (Mackenzie King) to the American Minister (Phillips) OTTAWA, 24 February, 1928. SIR: I have the honour to refer again to your despatch No. 68 of December 22nd, 1927, regarding a complaint by certain property owners in the State of Washington as to damage to their properties from fumes from the works of the Consolidated Smelting and Mining Company of Canada at Trail, British Columbia. 53 53 A lengthy report has now been received from the Government of British Columbia. I am enclosing the summary presented by A. G. Langley, Resident Mining Engineer, in charge of the investigation, to the Provincial Minister of Mines.53 I am also enclosing an extract from a statement by R. C. Crowe, solicitor to the Consolidated Mining and Smelting Company, dated November 23rd, 1927, and report of a trip to Trail made May 28th to June 8th, 1926, by Dr. R. W. Thatcher, Director of the Agricultural Experimental Station, Cornell University, New York. We have also been supplied with a copy of the report on agricultural conditions by A. T. Crandall of the Smelter Smoke Department of the Anaconda Copper Company; a report on the areas and crops near Northport by F. Mathews, Smelter Smoke expert of Salt Lake City, Utah; an excerpt from a report by Macy H. Lapham, Soil Scientist, United States Department of Agriculture Bureau of Soils; a summarized report of Smelter Smoke Investigation by Dr. Ray E. Neidig, Professor in the Department of Agriculture, University of Idaho, Moscow, Idaho, and other documents. The reports would appear to indicate that in some instances damage had been done by the fumes, though the claims which have been put forward in the State of Washington as to the extent of the damage and the compensation to be expected have not been accepted by the Company and would not appear to be borne out by the reports sub "Not printed. |