711.4215 Air Pollution/64: Telegram

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

139. Your 86, June 27, 2 p.m.57 In a further discussion this morning regarding Trail smelter two points were raised:

The possibility that article 9 of the boundary waters treaty of 1909 does not include matters in dispute between private persons on either side of the boundary. In reply I pointed out that first paragraph of article 9 seems to cover this particular case entirely.
Even though Canadian Government may not be disposed to press point 1, it is still reluctant to authorize Commission to submit recommendations for measure to protect property owners from damages by fumes in the future. (See my confidential despatch 305 March [23, 1928].)57 Feeling here is that damages should be paid all sufferers in the past as well as in the future until the company has its own disposition of smoke and fumes. Experiments to this effect are going forward intensively and with considerable success.

Since Magrath, Chairman of the Canadian Commission, is now in Europe and will not return until the end of July and since another Canadian member will probably resign within a week, External Affairs does not see how it would be possible to summon Joint Commission before the end of July. Under Secretary thinks that immediately upon Magrath’s return Commission would be ready to act and that since vegetation will still be in foliage this would not be too late. A written reply is promised me next week.

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