711.4215 Air Pollution/78: Telegram

The Secretary of State to the Minister in Canada (Phillips)62

101. Your despatch No. 516 July 12 and telegram No. 154 July 16, 6 p.m. Department stated it would expect suppression as alternative to proper reference of whole problem to commission which Canadian Government seemed unwilling to have done. Note of Department of External Affairs accompanying your No. 516 leaves Canadian Government in position of refusing to permit commission to investigate and report on measures which should be adopted to protect property owners from future damages because conditions might be found to justify suppression of smelter. Gravity of existing conditions is emphasized by fear of Canadian Government that impartial tribunal might if authorized to do so, recommend suppression of smelter.

Purpose of Government of United States is to have matter referred to commission in form which will admit of commission recommending solution fair to all parties concerned. Please ascertain whether reference to commission for investigation report and recommendation in form specified below is satisfactory to Canadian Government.

Extent to which property in state of Washington has been damaged by fumes from smelter at Trail, British Columbia.
Amount of indemnity to which American interests in the state of Washington are entitled for past damages.
Probable effect in Washington of future operations of smelter.
Method of providing adequate indemnity for damages caused by future operations.
Any other phase of problem arising from drifting of fumes on which commission deems it proper or necessary to report and make recommendations in fairness to all parties concerned.

Numbers 1 to 4 inclusive constitute adaptation of question to be submitted as defined in note of July 11 from Department of External Affairs63 and number 5 is an addition to question so defined.

  1. The substance of this telegram was communicated by the Minister in Canada to the Canadian Department of External Affairs in a note of July 20, 1928 (not printed).
  2. Ante, p. 91.