711.4215 Air Pollution/440

The Chargé in Canada (Boal) to the Acting Secretary of State

No. 44

Sir: I have the honor to report that upon the receipt of the Department’s instruction No. 973 of June 5, 1933, on the Trail Smelter case, I wrote a note, of which a copy is enclosed,19 to the Department of External Affairs regarding the fumigation periods reported by the experts. I deemed it advisable to deal with this matter in a note in order that a record of the fumigation at the periods reported might be filed with the Department of External Affairs at this time. I considered it politic, however, to make slight changes in two phrases contained in the instruction when incorporating them into the note. It may be observed that the note reads:

“… the Government of the United States requests the Canadian Government to take such steps as may be necessary …”


“… my Government feels warranted in again urging a prompt adjustment …

It appeared to me that no useful purpose would be served by having on the record statements which might be alleged by the Trail Smelter lawyers or others to be dictatorial in their tone, as this would only serve as an excuse for stiffening such resistance to an adjustment as now exists. However, I did verbally use exactly the language of the Department’s instruction in both these instances in discussing the matter with Mr. Read today, and further stressed the necessity of an early settlement of this matter from the standpoint of the interests of both governments.

Respectfully yours,

Pierre de L. Boal
  1. Note No. 30 of June 7, not printed.