711.4215 Air Pollution/49
The Secretary of State to the Minister in Canada (Phillips)
Sir: The Department has received the Legation’s despatch No. 259 of February 27, 1928, transmitting a copy of a note, dated February 24, 1928, received by the Legation from the Department of External Affairs, in regard to the complaint of property owners in the State of Washington about damages to their properties from fumes emitted at the plant of the Consolidated Smelting and Mining Company of Canada at Trail, British Columbia. Inquiry is made in the note whether the Government of the United States still considers it desirable to refer the matter to the International Joint Commission and whether there is reason to believe that through the Commission or otherwise provision can be made for the purchase by the Company of the land or easements.
While reference is made in the note to reports and communications from Mr. A. G. Langley, Resident Mining Engineer, Mr. R. C. Crowe, Solicitor of the Consolidated Mining and Smelting Company, Dr. R. W. Thatcher, Director of the Agricultural Experimental Station, Cornell University, Mr. A. T. Crandall of the Anaconda Copper Company, Mr. F. Mathews of Salt Lake City, Mr. Macy H. Lapham, of the United States Department of Agriculture and Dr. Ray E. Neidig of the University of Idaho, only the reports of Messrs. [Page 83] Langley, Crowe and Thatcher accompanied the Legation’s despatch. Moreover, exhibits mentioned in Mr. Langley’s report did not accompany the despatch.
Although the reports of the gentlemen mentioned in the note of the Department of External Affairs doubtless contained useful information, it is not felt that the conclusions reached by them can be accepted by the Government of the United States, without further investigation, as a basis of adjustment. Nor does the Government of the United States consider that it has been demonstrated that the purchase of the land or easements thereon by the Consolidated Smelting and Mining Company is essential to any final adjustment of the difficulty.
The information contained in the enclosures to the note of the Department of External Affairs does not conform to the information which has been furnished this Department regarding the character and extent of the damages and the number of complainants. It is felt that an impartial investigation of the matter is essential to the adoption of any satisfactory basis of adjustment. It is probable that if the matter is referred by the two Governments to the International Joint Commission for investigation, report and recommendation, the Commission, after investigation, might be in a position to recommend a method of adjustment which would render unnecessary the purchase of the land or easements thereon. The Government of the United States therefore, does not desire to consider any plan contemplating the purchase of the land or easements until the International Joint Commission shall have investigated the matter and submitted a report with recommendations.
You will please communicate with the Department of External Affairs in the sense of the foregoing and express the hope that the Canadian Government will agree, without further delay, to refer the problem to the International Joint Commission. The importance of an early decision is indicated by the Department’s No. 160 of February 18, 1928, to the Legation.
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