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.
[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.
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, 1927,53 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.53 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
submitted.
[Page 82]
The Company has,
however, expressed its willingness to settle all reasonable claims
and has appointed Dr. Neidig to endeavour to make equitable
arrangements as regards claims. It is pointed out that while on the
Canadian side of the line the Company has been able to purchase
lands or easements in the areas affected, it has not been found
possible to follow a similar course in the State of Washington as
the laws of the State prohibit an alien corporation purchasing land
or easements.
I am to ask whether in the light of the reports transmitted herewith
the Government of the United States still considers that it would be
desirable to make a reference to the International Joint Commission,
and whether, in case such a reference were made, there is ground for
believing that through the agency of the International Joint
Commission, or otherwise, facilities could be secured for enabling
the Company to make the purchases of land or easements which it is
claimed are essential to any final settlement of the difficulty.
I have [etc.]
For the Secretary of State for External Affairs:
O. D. Skelton
