711.42157SA29/1323a

The Secretary of State to the Minister in Canada ( Robbins )

No. 551

Sir: For your confidential information there is enclosed a copy of that portion of a memorandum of a press conference at the White House on November 9, 1934, which pertains to a discussion of the Great Lakes–St. Lawrence Deep Waterway Treaty.

Very truly yours,

For the Secretary of State:
William Phillips
[Enclosure]

Memorandum by the Acting Chief of the Division of Current Information (Key)

At the press conference at the White House this afternoon, the President was asked whether there were any changes contemplated in the [Page 979] Great Lakes–St. Lawrence Waterway. The President informed the correspondents that when Mr. Phillips was in Ottawa last week he had spoken informally with the Canadian Prime Minister in regard to one or two minor changes which it was hoped might be made in the treaty.72 The President added that this was literally all that Mr. Phillips had discussed with the Prime Minister on the Waterway Treaty.

A correspondent enquired whether these changes related to Article 8 of the Treaty governing diversion of water. The President replied that the Chicago papers might as well get it into their heads for once and all that there would be no changes regarding the diversion of water from Lake Michigan. He stated that ever since common law had first started it had been a principle that a person living on a stream or river could use the water for drinking purposes, for watering stock or for running a mill, but that the water used had to be returned to the stream in order that the rights of other persons living further down the stream should not be prejudiced. What was a fundamental principle in common law applied equally to international law. It was clear, therefore, that the United States had no right to divert water from one country to another. The President added that furthermore the Supreme Court had decided that the United States had no right to divert water from the Great Lakes and, finally, the War Department, which had thoroughly investigated the situation had likewise decided that Chicago had ample supplies of water to meet its needs.

The President concluded by saying, “They’ve got enough water. They’ve had enough water and they won’t get any more water.”

[The remainder of this memorandum deals with other matters.]

David McK. Key
  1. See letter from Mr. Phillips to President Roosevelt, October 31, p. 955.