711.4215 Air Pollution/57

The Minister in Canada (Phillips) to the Secretary of State

No. 375

Sir: Referring to the Department’s instruction No. 177, of March 12, 1928, in regard to the complaint of property owners in the State of Washington about damages to their properties from fumes emitted [Page 84] by the plant of the Consolidated Smelting and Mining Company of Canada, at Trail, British Columbia, and to the Legation’s telegram No. 78, April 26, 1 p.m.,54 I have the honor to transmit herewith enclosed copy of a note dated April 25, 1928, from the Department of External Affairs.

It will be observed from the enclosure that the Canadian Government is prepared, in pursuance of Article 9 of the Treaty of 1909, to join in a reference to the International Joint Commission to determine the extent of injury of the property and to submit a report as to how adequate compensation may be provided.

The Canadian Government, it will be noted, will be further prepared to adopt the suggestion that it should designate a scientist to confer with a scientist to be designated by the Government of the United States to prepare the exact terms of reference.

I have [etc.]

For the Minister:
H. Dorset Newson

Secretary of Legation
[Enclosure]

The Canadian Secretary of State for External Affairs (Mackenzie King) to the American Minister (Phillips)

Sir: I have the honour to acknowledge your note of March 16th, 1928, in regard to the complaint of property owners in the State of Washington of damage to their properties from fumes emitted by the plant of the Consolidated Smelting and Mining Company of Canada at Trail, British Columbia.

I observe that it is considered that the conclusions set forth in the report from the Government of British Columbia, which was transmitted to you on the 24th February, 1928,55 cannot be accepted by the Government of the United States as a basis of adjustment without further enquiry, and that the information contained in the report in question does not conform exactly to that furnished the Department of State from other sources. It is also noted that the Government of the United States does not consider that it has been demonstrated that the purchase of land or easements by the Consolidated Smelting and Mining Company, as to which the laws of the State of Washington impose difficulties, is essential to any final adjustment of the difficulty, though no alternative method of providing compensation is indicated.

In view of the difference of opinion as to the extent and importance of the damages said to be involved, the Canadian Government agrees [Page 85] that it is desirable to have an impartial investigation. It would therefore be prepared, in pursuance of Article 9 of the Boundary Waters Treaty of 1909, to join in a reference to the International Joint Commission, requesting the Commission to determine the extent, if any, to which properties in the State of Washington have been injured or destroyed as the result of the drift of fumes from the works of the Consolidated Smelting and Mining Company at Trail, and to submit a report giving their findings and recommendations as to how adequate compensation may be provided for such damages as are established.

The Canadian Government will be further prepared to adopt the suggestion that it should designate a scientist to confer with a scientist to be designated by the Government of the United States to prepare the exact terms of reference.

I have [etc.]

For the Secretary of State for External Affairs:
O. D. Skelton
  1. Not printed.
  2. Report not printed.