711.4215 Air Pollution/600a
The Under Secretary of State (Phillips) to President Roosevelt
My Dear Mr. President: Some time ago I discussed with you a difficulty which had existed for some years in the State of Washington as a result of the drifting of fumes from the smelter at Trail, British Columbia, causing damage in Stevens County, Washington.
[Page 33]Following discussions extending over the last two years, the Canadian Government submitted, on January 1, 1935, a draft of a Convention which the Canadian Government would be willing to conclude with a view to adjusting the difficulty.23 The proposed Convention provides for the payment of $350,000 for damages that occurred prior to January 1, 1932, and for a determination by an arbitral tribunal of the amount that shall be paid for damages occurring subsequent to January 1, 1932. The proposed Convention further provides that the tribunal shall decide whether the smelter shall be required to refrain from causing injury in the State of Washington in the future and what regime shall be established and maintained by the smelter.
The complainants expressed dissatisfaction with the proposed Convention, particularly as to closing the matter of damage up to January 1, 1932 by the payment of $350,000. The two Senators from the State of Washington expressed themselves as being dissatisfied with the terms of the proposed Convention and stated that in view of the opposition on the part of the complainants, they would be unable to support the Convention if it were submitted to the Senate for advice and consent to ratification. They indicated, however, that if the complainants, through organization action, expressed approval of the proposed Convention, they would be guided by the wishes of the complainants in the matter. Accordingly, a representative of the Department of State was sent to Colville, Washington, to confer with the members of the Governing Board of the Citizens Protective Association, of which a majority of the complainants are members. After discussing the provisions of the Canadian draft and the general outlook, the Governing Board adopted a resolution approving the proposed Convention and requesting that steps be taken to conclude it and to put it into effect. Opposition on the part of the Senators from the State of Washington has been overcome by this action of the Governing Board of the Citizens Protective Association. The Senators are now willing that the proposed Convention be concluded.
In the circumstances, I recommend that Mr. Robbins at Ottawa be directed to proceed with the signature of the proposed Convention, for which he already has your full powers. I shall appreciate your instructions in the premises.
A copy of the draft of Convention submitted by the Canadian Government is enclosed for your information.24
Faithfully yours,
- See note of December 31, 1934, from the Canadian Secretary of State for External Affairs, Foreign Relations, 1934, vol. i, p. 966.↩
- Not printed. President Roosevelt, on March 18, 1935, approved the draft convention.↩