711.4215 Air Pollution/468
Memorandum by Mr. Jacob A. Metzger of the Office of the Legal Adviser
On receipt of despatch No. 424 of February 24, 1934, from the American Legation at Ottawa, transmitting a copy of a note dated February 22, 1934, which the Legation received from the Department of External Affairs of Canada accepting in principle the third proposal made in the Department’s No. 194 of January 27 to the American Legation at Ottawa, I discussed the matter with Mr. Hackworth.40
I expressed the view that there was no objection to having one or two scientists on each side to assist the judge but that it was undesirable to provide in the agreement any limitation on the selection of the scientists. I stated further that I thought that the Canadian note offered favorable prospect of being able to get together although I could foresee possibilities of difficulties in reducing the generalities in which both sides had expressed themselves to concrete language in convention form. I expressed the view that it would be useless to go to Ottawa until the matter of the personnel of the tribunal was cleared up.
Shortly after noon, Mr. Hackworth informed me that he had discussed the matter with Mr. Moore41 who had taken the position that we could not agree to any provision in the proposed agreement limiting the parties in the selection of scientists.
About 3 p.m. today I called Mr. Boal42 at Ottawa and explained to him that while we were glad to acquiesce in the suggestion that one [Page 915] or two scientists be supplied on each side to assist the umpire, we were not willing to place any limitation on the selection of the scientists. We would agree to have scientists associated with the judge but both sides should be free to make their own selection without limitation of any kind. I added that the United States, of course, would select the most competent men available.
I informed Mr. Boal that if the Canadians concurred in the matter of selecting scientists, I would be permitted to go to Ottawa and that there was no use going until this point had been cleared up. I added that I thought that other points would yield to discussion.