[Enclosure]
The Canadian Secretary of State for External
Affairs (Bennett) to the
American Minister (Robbins)
No. 26
Ottawa, April 10,
1934.
Sir: I have the honour to invite
further reference to your note No. 172, dated the 30th January,
1934, and to my notes Nos. 13 and 15, dated the 17th and 22nd
February, respectively, all relating to the Trail Smelter
question.
Substantial progress has already been made by representatives of
the Department of External Affairs and the Department of State
of the United States, in preparing a draft convention along the
general lines suggested in your note No. 172, and in my note No.
15, referred to above. A new aspect of the problem, however, has
arisen, which suggests the necessity of some further
consideration before the terms of the draft convention can be
settled for submission to the two Governments.
In my note No. 13, referred to above, when discussing the
feasibility of the complete elimination of damage, it was
pointed out that a principle should not be established in this
case which would potentially involve a shutting down of existing
industries of various types in industrial communities, and
sterilizing further development, within a broad zone, in the
Dominion of Canada and the United States of America, stretching
from coast to coast along the international boundary-line. In
your note No. 172, and particularly on pages 33, 34, and 35, it is contemplated that the
proposed convention should provide for the establishment—after
adjudication either by a neutral arbitrator or by a tribunal
with a neutral chairman—of the maximum frequency, duration and
concentration of sulphur dioxide visitation which might be
permitted in the State of Washington without causing injury. It
was assumed, of course, that the maximum thus established would
govern not only cases in which sulphur dioxide was drifting
[Page 924]
across the
international boundary from Canada into the United States, but
also cases in which sulphur dioxide was drifting across the
international boundary-line from the United States into
Canada.
In order to explore the possible effect of the establishment of
such a regime in other parts of the international boundary-line,
experiments have been conducted on behalf of the Canadian
Government for the purpose of surveying the drifting of sulphur
dioxide into settled portions of the Dominion of Canada, at
other parts of the international frontier. Preliminary studies
have been made of the drifting of sulphur dioxide from the
industrial area of Detroit, and it has been ascertained that
substantial concentrations of sulphur dioxide are being sent
across the international boundary-line from the Detroit
industrial areas. So far, it has not been practicable to make
investigations at other points, such as the Niagara frontier, or
to complete the Detroit investigations. It has, however, been
proved that the drifting of smoke from the Detroit area far
exceeds the limits proposed in your note on pages 33 and 34, and that,
in respect to maximum concentration at any rate, it is more
serious than any of the conditions referred to on pages 12 and 13 of your note. Indeed, the maximum concentration so
far established on the Canadian side of the international
boundary-line opposite Detroit, exceeds the maximum
concentration that has been found at any time in the Northport
area by either the United States or Canadian investigators.
This condition is so serious that it suggests the necessity for
further inquiries before finally determining the scope of the
proposed investigation.
It would obviously be a serious matter for the industrial
communities at Detroit, Buffalo and elsewhere on the
international boundary-line, to have established a rule which
would make it impossible for them to continue their industrial
activity. There may well be instances where Canadian industries,
other than that conducted at the Trail Smelter, might equally be
prejudiced by the establishment of such a rule.
If the further investigations, which are being conducted,
establish other instances where sulphur dioxide is being emitted
from industrial plants so as to drift across the international
boundary-line, it may well be necessary to extend the scope of
the proposed convention so as to enable the tribunal to inquire
into these other instances and to establish the measures of
compensation and the rules which are suitable for the
regulation, in this respect, of industrial activity at all
points in the vicinity of the international boundary-line.
Accept [etc.]
