Report of Joint Board of Engineers (Reconvened) on Improvement of the International Section of the St. Lawrence River2

1. A joint board of engineers, consisting of 6 members, 3 representing the United States and 3 representing Canada, was set up by order of the United States War Department, dated April 2, 1924, and by order-in-council of the Canadian Government, dated May 7, 1924.3 This joint board was asked to review a previous report on the St. Lawrence Deep Waterway made by Col. W. P. Wooten, representing the United States, and the late W. A. Bowden, representing Canada.4 This board was also asked to extend its inquiries to certain additional matters relevant to proposals made by the international joint commission in a report dated December 19, 1921,5 under instructions from both Governments.

2. That joint board, under date of November 16, 1926, presented a comprehensive report on the matters referred to it. The report was later accompanied by appendixes A to G, inclusive, and was printed in both countries.6

3. The membership of the United States section at that time consisted of the late Lieut. Gen. Edgar Jadwin, then Chief of Engineers, Col. William Kelly, Corps of Engineers, and Brig. Gen. G. B. Pillsbury, then colonel, Corps of Engineers.

4. The membership of the Canadian section consisted of Duncan W. McLachlan, of the Department of Railways and Canals, Dr. Olivier O. Lefebvre, [Page 64] chief engineer of the Quebec Streams Commission, and Brig. Gen. Charles H. Mitchell, C. B., C. M. G., dean of the faculty of applied science, University of Toronto.

5. On January 23, 1930, the United States section of the joint board was reconstituted with Col. Harley B. Ferguson, Corps of Engineers, as chairman, and Col. E. M. Markham, and Col. G. B. Pillsbury, as members. On June 26, 1930, Maj. Eugene Reybold was detailed to replace Colonel Pillsbury.

The personnel of the Canadian section has not changed since appointment in 1924.

6. In December, 1931, the present joint board was instructed to meet and report a mutually satisfactory plan for the improvement of the international rapids section and to consider any other matters requiring attention. Since receipt of these instructions, six meetings have been held, and the questions to be dealt with have been given much consideration.

7. In March, 1932, the board was instructed to reach an agreement on a plan for early execution that would provide effectively for navigation and power requirements and at the same time recognize the special national interests in the lower St. Lawrence River to which attention has been called in previous discussions.

International Rapids Section

8. The board has studied the international rapids section, utilizing the great mass of data accumulated by previous boards and other agencies. Since the report of the joint board in 1926 much additional data regarding rock surfaces in the international rapids section have been obtained.

9. The Department of Railways and Canals of Canada secured a total of about 100 borings, between 1928 and 1932, at Galop Rapids, at Ogden Island, at Crysler Island, and generally over the area between the head of Barnhart Island and the foot of Cornwall Island. In 1930 an engineering board appointed by the State of New York made 12 borings to rock near Massena Point. The records of over 1,000 borings in the international rapids section are now available. These records and investigations have enabled progress to be made which would otherwise not be possible.

10. In the present report it is deemed best to adopt the standards and unit prices set up in the joint board report of 1926 rather than introduce new unit prices for present-day construction costs. In this way schemes herein discussed may be compared with others which have been described in the 1926 report.

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11. A review of governmental and other reports for the improvement of the international rapids section shows that the improvement desired can be secured in a variety of ways.

12. If improvement for navigation alone were desired, it could best be secured by a side canal between the head of Galop Rapids and the foot of Ogden Island, a pool between Ogden Island and a dam at the Long Sault Rapids, and a side canal from this pool to the river below Massena Point. This form of development would be economical as regards navigation, but would have no valuable power possibilities.

13. If a dam with short side canal and lock at Ogden Island, together with channel enlargement above, be substituted for the side canal between Galop Rapids and the foot of Ogden Island, then there is produced a double pool, or stage, project which conserves great power values. However, the area of high rock surface at Ogden Island is restricted, the river is narrow, and the character of channels below makes it impossible to concentrate at this point a usable winter head of more than about 12 feet. This head is lower than desirable on a river of the size of the St. Lawrence. The head concentration at an upper dam in such a project can be increased, however, by locating the structures at Crysler Island (about 7 miles downstream from Ogden Island) where rock surface elevations are favorable.

If desired, the head at the upper dam could be reduced to small dimensions and the head at Barnhart Island increased to approximately the total fall of the section. Under such a plan, however, difficulty arises with regard to the elevation to be adopted for the lower pool and the head to be left at the upper or control dam. If this head be substantial, the loss of power would be considerable; if this head be small, the control of flow becomes problematical and flooding below becomes extensive.

Project for a 2-Stage Development

14. A 2-stage plan with upper dam at Crysler Island is mentioned in the report of Col. W. P. Wooten, and the late W. A. Bowden to the international joint commission in 1921.7 A similar project is described in the 1926 report of the Joint Board of Engineers. Such a project was recommended in 1929 in the report of the conference of the Canadian section of this board and engineers representing the Province of Ontario.8

15. Description.—The Crysler Island 2–stage plan is designed to [Page 66] provide adequately for power and a depth of 27 feet for navigation. Its main features are as follows:

(a)
A dam at Crysler Island with two power houses, one on either side of the international boundary.
(b)
A dam at Barnhart Island. Two power houses, one on either side of the international boundary.
(c)
A short side canal with lock on the Canadian side at Crysler Island, and a side canal with two locks on the United States side opposite Barnhart Island. These works are designed to carry deepwater navigation past the proposed power houses and dams.
(d)
A free open channel south of Galop Island for navigation, together with a diversion channel through Galop Island capable of discharge control in the interest of both navigation and power.
(e)
Channel enlargement between Lotus Island and Ogden Island, designed to provide at least 95,000 square feet of river section at ordinary operating levels.
(f)
Various works designed to protect the interests of the towns and villages affected by the proposed improvement.
(g)
A lock for passing 14-foot navigation through the dam at Crysler Island, and a similar structure near Barnhart Island to give access to the present Cornwall Canal.
(h)
Provision for an additional deep water side canal and lock on the United States side at Crysler Island and for an additional deep water side canal with two locks on the Canadian side opposite Barnhart Island, should the construction of alternative navigation facilities become desirable at a future date.

16. Under this project the proposed dam and power houses at Crysler Island would be located on a solid rock sill which stands at elevations ranging from 157 to 170 feet. At this locality the river is wide enough to permit power houses, sluice gates, and a 14-foot lock to be introduced between its banks. The international boundary is in such position that the Canadian and United States power houses can be placed wholly within their respective territories. Although the plan shows the side canal and lock for deep navigation on the Canadian side of the boundary, these works could be located on the United States side without any material difference in estimated costs.

17. In the case of the lower development, the main dam, 3,800 feet long, would extend from the head of Barnhart Island to the foot of Long Sault Island, thence across the South Sault Channel to the United States mainland. The power house of each country would be located on its side of the international boundary at the foot of Barnhart Island. A connection would be provided with the Canadian mainland near Mille Roches, thus making Bergen Lake part of the headrace. The plan proposes the side canal and two locks for deep navigation on the United States side of the boundary. This side canal with locks could be located on the Canadian side at an estimated additional cost of $4,500,000.

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18. The average head ultimately available at Crysler Island, with the upper pool at elevation 241-245 and the lower pool at elevation 217 at Barnhart Island, is estimated to be 24.2 feet in summer and 19.6 feet in winter. The installed capacity for purposes of estimate is taken at 592,960 horsepower.

The average head available at Barnhart Island from pool elevation 217 is 60.4 feet in summer and 56.4 feet in winter. The installed capacity for purposes of estimate is taken at 1,607,000 horsepower.

19. The installed capacities adopted are in excess of the 24-hour power that can be produced at low-water flow and are not to be construed as indicating continuous power possibilities.

20. Rehabilitation work.—The construction of the work proposed at Crysler Island will raise water levels opposite the village of Iroquois and the town of Morrisburg, to elevations varying from 241 to 245. This will inundate the easterly part of Morrisburg and almost all of Iroquois. Adequate provision has been made for the rehabilitation of these communities in the estimates appended.

21. No unusual or extensive rehabilitation is required on the United States side of the river.

22. Feasibility and estimated cost of the project.—The joint board is of the unanimous opinion that the 2-stage plan above defined is practicable and feasible from an engineering point of view; that there is no question as to the safety of the works proposed; and that navigation requirements and power recovery are provided for adequately.

23. The estimated cost of the project is $274,742,000. Its main features are shown on Plates 1 to 6; detail estimates are given in Appendix 1. The project will be referred to as project C-217.

Estimates are based on prices of 1926. On the basis of presentday prices, they would be substantially reduced. Actual costs will depend largely upon conditions at the time of construction.

General

24. In proceeding with the improvement of the international rapids section it should be recognized that, subject to mutual agreement, considerable latitude should be allowed the authority responsible for the construction of the works as regards the location of the structures and such other modifications of layout as may be advantageous. Similarly, latitude should also be allowed in fixing the level of the pool above the lower dam.

25. Any increase in the supply of water to the Great Lakes, or any decrease in diversions therefrom, must be taken into account in channel enlargement and in rules for regulation.

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The control of the flow of water out of Lake Ontario into the St. Lawrence River and the regulation of the flow of water through the international section of the St. Lawrence River should be such as not injuriously to interfere with or lessen the navigable depths of water for shipping in the harbor of Montreal and throughout the navigable channel of the St. Lawrence River below Montreal, as such depths now exist or may hereafter be increased by dredging or other harbor or channel improvements.

Thousand Island Section

26. The report of 1926 proposed a series of excavations for the improvement of the Thousand Island section at a number of separated shoals between Clayton and Brockville. These excavations were designed to provide a through channel not less than 450 feet wide between Lake Ontario and Chimney Point.

27. All work proposed east of Oak Point was in Canadian territory and practically all work west of that point in United States territory.

28. Reports of advisory committees subsequent to the publication of the joint board report, in both the United States and Canada, recommended a depth of 27 feet for this section of the St. Lawrence project.

29. In 1929 the Canadian Government undertook the excavation of channels east of Oak Point and also the removal of Haskell Shoal. In 1930 the United States Government undertook the excavation of channels west of Oak Point.

30. The work undertaken by Canada is designed to give a through channel, not less than 500 feet wide and 27 feet deep, and follows in almost all respects the alignment recommended in the 1926 joint board report. Its estimated cost is $471,000. The work undertaken by the United States is designed to give a channel not less than 450 feet wide and 27 feet deep at an estimated cost of $550,000. These works will provide an adequate deep waterway throughout the section.

The works described in the Thousand Island section, between Prescott and Clayton, are shown on plate 7. This is in general accordance with the works shown on plates 10 to 16, inclusive, in Appendix C of the report of November 16, 1926.

Construction Program

31. Construction work in connection with project C-217 on the international rapids section, requires the placing of 4,074,000 cubic [Page 69] yards of concrete and the excavation of about 5,000,000 cubic yards of solid rock and 90,000,000 cubic yards of earth and other material. There is much preparatory and related work to be done in the construction of dams, locks, power houses and in the unwatering of sites.

32. Seven years is considered a reasonable construction period. Unforeseen conditions might require a longer period. Latitude in the matter of preparing a program should be vested in the authority in charge of construction.

United States section: H. B. Ferguson
Colonel, Corps of Engineers
Edward M. Markham
Colonel, Corps of Engineers
Eugene Reybold
Major, Corps of Engineers
Canadian section: D. W. McLachlan
O. Lefebvre
C. H. Mitchell

Unperfected Treaty Between the United States of America and Canada Relating to the Great Lakes–St. Lawrence Deep Waterway, Signed at Washington, July 18, 19329

The President of the United States of America and His Majesty the King of Great Britain, Ireland and the British dominions beyond the Seas, Emperor of India, in respect of the Dominion of Canada,

Recognizing that the construction of a deep waterway, not less than twenty-seven feet in depth, for navigation from the interior of the Continent of North America through the Great Lakes and the St. Lawrence River to the sea, with the development of the waterpower incidental thereto, would result in marked and enduring benefits to the agricultural, manufacturing and commercial interests of both countries, and

Considering further that the project has been studied and found feasible by the International Joint Commission, the Joint Board of Engineers, and by national advisory boards, and

Recognizing the desirability of effecting a permanent settlement of the questions raised by the diversion of waters from or into the Great Lakes System, and

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Considering that important sections of the waterway have already been constructed, and

Taking note of the declaration of the Government of Canada of its intention to provide, not later than the date of the completion of the deep waterway in the international section of the St. Lawrence River, for the completion of the New Welland Ship Canal, and of canals in the Soulanges and Lachine areas of the Canadian section of the St. Lawrence River which will provide essential links in the deep waterway to the sea, and

Taking note of the declaration of the Government of the United States of its intention to provide, not later than the date of the completion of the deep waterway in the international section of the St. Lawrence River, for the completion of the works in the Great Lakes System above Lake Erie which will provide essential links in the deep waterway to the sea,

Have decided to conclude a Treaty for the purpose of ensuring the completion of the St. Lawrence Waterway project, and for the other purposes aforesaid, and to that end have named as their respective plenipotentiaries:

The President of the United States of America:

Henry L. Stimson, Secretary of State of the United States of America;

His Majesty the King of Great Britain, Ireland and the British dominions beyond the Seas, Emperor of India, for the Dominion of Canada:

The Honorable William Duncan Herridge, P. C., D. S. O., M. C., His Envoy Extraordinary and Minister Plenipotentiary for Canada in the United States of America;

Who, after having communicated to each other their full powers, found in good and due form, have agreed upon the following Articles:

Preliminary Article

In the present Treaty, unless otherwise expressly provided, the expression:

(a)
“International Joint Commission” means the commission established pursuant to the provisions of the Boundary Waters Treaty of 1909;10
(b)
“Joint Board of Engineers” means the board appointed pursuant to an agreement between the Governments following the recommendation of the International Joint Commission, dated the 19th December, 1921, and the “final report of the Joint Board of Engineers” means the report dated the 9th April, 1932;
(c)
“Great Lakes System” means Lakes Superior, Michigan, Huron, Erie and Ontario, and the connecting waters, including Lake St. Clair;
(d)
“St. Lawrence River” means the river known by that name and includes the river channels and the lakes forming parts of the river channels from the outlet of Lake Ontario to the sea;
(e)
“international boundary” means the international boundary between the United States of America and Canada as established by existing treaties;
(f)
“International Section” means that part of the St. Lawrence River through which the international boundary line runs and which extends from Tibbetts Point at the outlet of Lake Ontario to the village of St. Regis at the head of Lake St. Francis;
(g)
“Canadian Section” means that part of the St. Lawrence River which lies wholly within Canada and which extends from the easterly limit of the international section to the Montreal Harbor;
(h)
“Thousand Islands Section” means the westerly portion of the international section extending from Tibbetts Point to Chimney Point;
(i)
“International Rapids Section” means the easterly portion of the international section extending from Chimney Point to the village of St. Regis;
(j)
“Governments” means the Government of the United States of America and the Government of the Dominion of Canada;
(k)
“countries” means the United States of America and Canada.

Article I

With respect to works in the International Section, Canada agrees, in accordance with the project described in the final report of the Joint Board of Engineers,

(a)
to construct, operate and maintain the works in the Thousand Islands Section below Oak Point;
(b)
to construct, operate and maintain a side canal with lock opposite Crysler Island;
(c)
to construct the works required for rehabilitation on the Canadian side of the international boundary.

Article II

With respect to works in the International Section, the United States agrees, in accordance with the project described in the final report of the Joint Board of Engineers, [Page 72]

(a)
to construct, operate and maintain the works in the Thousand Islands Section above Oak Point;
(b)
to construct, operate and maintain a side canal with locks opposite Barnhart Island;
(c)
to construct the works required for rehabilitation on the United States side of the International boundary.

Article III

The High Contracting Parties agree to establish and maintain a temporary St. Lawrence International Rapids Section Commission, hereinafter referred to as the Commission, consisting of ten members, five to be appointed by each Government, and to empower it to construct the works in the International Rapids Section included in the project described in the final report of the Joint Board of Engineers (not included in the works provided for in Articles I and II hereof, and excluding the power house superstructures, machinery and equipment required for the development of power) with such modifications as may be agreed upon by the Governments, out of funds which the United States hereby undertakes to furnish as required by the progress of the works, and subject to the following provisions:

(a)
that the Commission, in accordance with the provisions of Schedule A, attached to and made a part of this Treaty, shall be given the powers that are necessary to enable it to construct the assigned works;
(b)
that, in so far as is possible in respect to the works to be constructed by the Commission, the parts thereof within Canadian territory, or an equivalent proportion of the total of the works, shall be executed by Canadian engineers and Canadian labor and with Canadian material; and, in so far as is possible, the remaining works shall be executed by United States engineers and United States labor and with United States material; and the duty of carrying out this division shall rest with the Commission;
(c)
that the Parties may arrange for construction, in their respective territories, of such power house superstructures, machinery and equipment as maybe desired for the development of water power;
(d)
that, notwithstanding the provisions of Article IX, the Commission shall be responsible for any damage or injury to persons or property resulting from construction of the works by the Commission, or from maintenance or operation during the construction period;
(e)
that, upon completion of the works provided for in this Article, the Parties shall maintain and operate the parts of the works situate in their respective territories.

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Article IV

The High Contracting Parties agree:

(a)
that the quantity of water utilized during any daily period for the production of power on either side of the international boundary in the International Rapids Section shall not exceed one-half of the flow of water available for that purpose during such period;
(b)
that, during the construction and upon the completion of the works provided for in Article III, the flow of water out of Lake Ontario into the St. Lawrence River shall be controlled and the flow of water through the International Section shall be regulated so that the navigable depths of water for shipping in the Harbor of Montreal and throughout the navigable channel of the St. Lawrence River below Montreal, as such depths now exist or may hereafter be increased by dredging or other harbor or channel improvements, shall not be lessened or otherwise injuriously affected.

Article V

The High Contracting Parties agree that the construction of works under the present Treaty shall not confer upon either of the High Contracting Parties proprietary rights, or legislative, administrative or other jurisdiction in the territory of the other, and that the works constructed under the provisions of this Treaty shall constitute a part of the territory of the country in which they are situated.

Article VI

The High Contracting Parties agree that they may, within their own respective territories, proceed at any time to construct alternative canal and channel facilities for navigation in the International Section or in waters connecting the Great Lakes, and that they shall have the right to utilize for this purpose such water as may be necessary for the operation thereof.

Article VII

The High Contracting Parties agree that the rights of navigation accorded under the provisions of existing treaties between the United States of America and His Majesty shall be maintained, notwithstanding the provisions for termination contained in any of such treaties, and declare that these treaties confer upon the citizens or subjects and upon the ships, vessels and boats of each High Contracting Party, rights of navigation in the St. Lawrence River, and the Great Lakes System, including the canals now existing or which may hereafter be constructed.

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Article VIII

The High Contracting Parties, recognizing their common interest in the preservation of the levels of the Great Lakes System, agree:

(a)
1. that the diversion of water from the Great Lakes System, through the Chicago Drainage Canal, shall be reduced by December 31st, 1938, to the quantity permitted as of that date by the decree of the Supreme Court of the United States of April 21st, 1930;11
2. in the event of the Government of the United States proposing, in order to meet an emergency, an increase in the permitted diversion of water and in the event that the Government of Canada takes exception to the proposed increase, the matter shall be submitted, for final decision, to an arbitral tribunal which shall be empowered to authorize, for such time and to such extent as is necessary to meet such emergency, an increase in the diversion of water beyond the limits set forth in the preceding sub-paragraph and to stipulate such compensatory provisions as it may deem just and equitable; the arbitral tribunal shall consist of three members, one to be appointed by each of the Governments, and the third, who will be the Chairman, to be selected by the Governments;
(b)
that no diversion of water, other than the diversion referred to in paragraph (a) of this Article, from the Great Lakes System or from the International Section to another watershed shall hereafter be made except by authorization of the International Joint Commission;
(c)
that each Government in its own territory shall measure the quantities of water which may at any point be diverted from or added to the Great Lakes System, and shall place the said measurements on record with the other Government semi-annually;
(d)
that, in the event of diversions being made into the Great Lakes System from watersheds lying wholly within the borders of either country, the exclusive rights to the use of waters equivalent in quantity to any waters so diverted shall, notwithstanding the provisions of Article IV (a), be vested in the country diverting such waters, and the quantity of water so diverted shall be at all times available to that country for use for power below the point of diversion, so long as it constitutes a part of boundary waters;
(e)
that compensation works in the Niagara and St. Clair Rivers, designed to restore and maintain the lake levels to their natural range, shall be undertaken at the cost of the United States as regards compensation for the diversion through the Chicago Drainage Canal, [Page 75] and at the cost of Canada as regards the diversion for power purposes, other than power used in the operation of the Welland Canals; the compensation works shall be subject to adjustment and alteration from time to time as may be necessary, and as may be mutually agreed upon by the Governments, to meet any changes effected in accordance with the provisions of this Article in the water supply of the Great Lakes System above the said works, and the cost of such adjustment and alteration shall be borne by the Party effecting such change in water supply.

Article IX

The High Contracting Parties agree:

(a)
that each Party is hereby released from responsibility for any damage or injury to persons or property in the territory of the other, which may be caused by any action authorized or provided for by this Treaty;
(b)
that they will severally assume responsibility and expense for the acquisition of any lands or interests in land in their respective territories which may be necessary to give effect to the provisions of this Treaty.

Article X

This Treaty shall be ratified in accordance with the constitutional methods of the High Contracting Parties. The ratifications shall be exchanged in Washington or in Ottawa as soon as practicable and the Treaty shall come into force on the day of the exchange of ratifications.

In faith whereof the respective plenipotentiaries have signed this Treaty in duplicate and have hereunto affixed their seals.


[seal]
Henry L. Stimson

[seal]
W. D. Herridge

Schedule A

st. lawrence international rapids section commission

(a)
The Commission, established under the provisions of Article III of this Treaty, shall function solely as an international commission established under, and controlled by, the terms of this Treaty. It shall not be subject, generally, to the legislative, to the executive or, [Page 76] except as hereinafter provided, to the judicial authorities in either country, but it shall be subject to this and to any subsequent agreement.
(b)
The modifications referred to in Article III of this Treaty shall be regarded as effective when confirmed by an exchange of notes by the Governments.
(c)
The Commission shall have power to establish orders, rules or by-laws, and such orders, rules or by-laws, together with any amendments, modifications or repeals thereof, shall be effective on confirmation by an exchange of notes by the Governments.
(d)
The Governments shall be entitled to inspect the plans, proposals or works under construction, and to inspect and audit the books and other records of the Commission.
(e)
In order to enable the Commission effectively to perform the duties imposed upon it by this Treaty, it is agreed that the appropriate authorities in the countries will take such action as may be necessary to confer upon the Commission the following capacities, powers and liabilities:
1.
all such specific capacities, powers and liabilities as are reasonably ancillary to the establishment of the Commission and the duties and functions imposed upon it by this Treaty; the subsequently enumerated capacities, powers and liabilities are not intended to restrict the generality of this clause;
2.
the capacity to contract, to sue and be sued in the name of the Commission;
3.
freedom from liability for the members of the Commission for the acts and liabilities of the Commission and, conversely, a general responsibility of the Commission for the acts of itself, its employees and agents, in the same manner as if the Commission were a body corporate, incorporated under the laws of either of the countries;
4.
the power to obtain the services of engineers, lawyers, agents and employees generally;
5.
the power to make the necessary arrangements for Workmen’s Compensation either directly or with the appropriate authorities or agents in either country, so as to insure to workmen and their families rights of compensation equivalent to those which they would ordinarily receive in the Province of Ontario in respect to the parts of the works within Canadian territory, or the equivalent works as referred to in Article 111(b) of this Treaty, or in the State of New York in respect to the remaining works.
(f)
The Commission shall be subject to the jurisdiction of the Federal Courts of the two countries, respectively, that is to say, in respect to all questions arising out of the part of the works within Canadian territory or the equivalent works, as referred to in Article III(b) of this Treaty, the Commission shall be subject to the jurisdiction of the Exchequer Court of Canada, and, in respect to the [Page 77] remaining works, to the jurisdiction of the Federal Courts of first instance in the United States; and there shall also be established rights of appeal, analogous to the appeals in similar matters from the respective courts to the appropriate tribunals in the respective countries: provided, however, that in respect of a claim made upon the Commission exceeding in amount the sum of fifty thousand dollars ($50,000), either of the Governments, at any time after such claim has been tried and judgment entered in the appropriate court of first instance herein provided for, may cause the matter to be referred by way of appeal to an arbitral tribunal. Such reference shall be effected by notice from the Government invoking this proviso to the other Government and to the Court, given within ninety days of the entry of such judgment, and such notice shall give to the tribunal jurisdiction over the appeal, or cause any appeal already taken to be transferred to the tribunal. The tribunal shall consist of three members, all of whom must hold, or have held, high judicial office. One shall be appointed by each Government, and the third shall be selected by the two members so appointed; or, in the event of failure to agree, by the Governments jointly. The tribunal so established shall then have, in respect to such claim, exclusive final jurisdiction and its findings shall be binding upon the Commission.
(g)
In view of the need for coordination of the work undertaken by the Commission and the development of power in the respective countries, the Commission shall have authority:
1.
to make contracts with any agency in either country, which may be authorized to develop power in the International Section, for the engineering services necessary for the designing and construction of the power works;
2.
to defer such parts of the power works as need to be constructed in conjunction with the installation of power house machinery and equipment, and to make contracts with any agency in either country, which may be authorized to develop power, for constructing such deferred parts of the power works.
(h)
The remuneration, general expenses and all other expenses of the members of the Commission shall be regulated and paid by their respective Governments and all other expenses of the Commission shall be defrayed out of the funds provided under the terms of Article III of this Treaty.
(i)
The Governments agree:
1.
to permit the entry into their respective countries within the area immediately adjacent to the International Section, to be delimited by an exchange of notes by the Governments, of personnel employed by the Commission, and to exempt such personnel from their immigration laws and regulations within such area;
2.
to exempt from customs duties, excise or sales taxes, or other imposts, all supplies and material purchased by the Commission in either country for its own use.
(j)
The Commission shall continue until its duties under Article III of this Treaty have been completely performed. The Governments may, at any time, reduce its numbers, provided that there must remain an even number of members with the same number appointed by each Government. Upon completion, arrangements will be made for the termination of the Commission and the bringing to an end of its organization by agreement between the Governments.
  1. The report was forwarded to the Department of State by General G. B. Pillsbury on July 14, 1932 (711.42157SA29/908) and on January 19, 1933, was submitted to the Senate by President Hoover as an enclosure to the treaty signed July 18, 1932, printed infra. Original report not in Department files; the following text is reprinted from Senate publication Executive C, 72d Cong., 2d sess., pp. 10–14. For appendix I to the report, see ibid., pp. 15–25.
  2. See note from the Secretary of State to the British Ambassador, April 28, 1924, Foreign Relations, 1924, vol. i, p. 347.
  3. Senate Document No. 179, 67th Cong., 2d sess.
  4. S. Doc. 114, 67th Cong., 2d sess.
  5. S. Doc. 183, 69th Cong., 2d sess., and Report of Joint Board of Engineers on St. Lawrence Waterway Project (Ottawa: F. A. Acland, printer to the King’s Most Excellent Majesty, 1927).
  6. S. Doc. 179, 67th Cong., 2d sess.
  7. Report of Conference of Canadian Engineers on the International Rapids Section of the St. Lawrence River (with appendix), dated December 30, 1929 (Ottawa: F. A. Acland, printer to the King’s Most Excellent Majesty, 1930).
  8. Submitted to the Senate by President Hoover on January 19, 1933. On a formal vote, taken March 14, 1934, the treaty failed to receive the necessary two-thirds majority, the vote being 46 in favor of and 42 opposed to its acceptance (Congressional Record, vol. 78, pt. 4, pp. 4474–4475). Withdrawn from the Senate by President Truman on April 8, 1947 (S. Ex. M, 80th Cong., 1st sess.).
  9. Foreign Relations, 1910, p. 532.
  10. State of Wisconsin et al., v. State of Illinois and Sanitary District of Chicago et al., 281 U. S. 696. On the general matter of the Chicago diversion, see Foreign Relations, 1927, vol. i, pp. 484 ff.