711.4215 Air Pollution/74: Telegram

The Secretary of State to the Minister in Canada (Phillips)60

99. According to rules of International Joint Commission and precedents heretofore established, two governments should refer matter for investigation and report to the Commission. Department not in a position to arrange meeting of American section with Canadian section of Commission. Matter should be referred by two governments to Commission. Two sections of Commission can then arrange for meeting and for prosecution of investigation. Department’s efforts have been directed to obtaining reference of smelter matter to Commission in order that Commission would be in a position to move.

Suggestion of Canadian Government communicated your 151, July 11, 7 p.m., that reference be drawn general terms, leaving it to Commission to provide for investigation, conforms to views of United States Government, provided terms are sufficiently broad to permit the Commission under the reference to submit recommendations as to measures which should be adopted to protect property owners in the future. Please advise whether Canadian Government is willing to join in reference in general terms sufficiently broad to include third point designated in Department’s number 49, May 4, 6 p.m.

  1. The substance of this telegram was communicated by the Minister in Canada to the Canadian Department of External Affairs in a memorandum of July 16, 1928 (not printed).