711.4216Ni/316
The Secretary of State to the Minister in Canada (Robbins)
Sir: Reference is made to the Legation’s despatch No. 871, dated February 28, 1929,41 regarding the convention and protocol for the preservation and improvement of Niagara Falls, which was signed at Ottawa on January 2, 1929,43 and which passed both Houses of Parliament in that year. In February, 1931, the Foreign Relations Committee of the United States Senate held hearings and voted against reporting the Treaty favorably to the Senate, which has not acted on the Treaty. During the Senate hearings it was manifest that the members of the Foreign Relations Committee were in hearty accord with the proposal to construct compensating works to preserve the beauty of the Falls but that they felt that the Treaty conferred unusual and unwarranted advantages upon a private American hydroelectric company, which would receive the benefit of the additional [Page 835] diversion on the American side in return for defraying the American share of the costs of the proposed compensating works.
The Treaty was based on a report dated May 3, 1928, by a Special International Niagara Board established in 1926 by Canada and the United States. The Board’s final report, submitted under letter December 11, 1929, is printed as Senate Document No. 128, 71st Congress, 2nd Session, entitled “The Preservation and Improvement of the Scenic Beauty of the Niagara Falls and Rapids”. You doubtless have a copy of this document. The present composition of the Board consists of, for the American members, the District Engineer at Buffalo, at present Lieutenant Colonel James A. O’Connor, Corps of Engineers, United States Army, and Doctor J. Horace McFarland, past President of the American Civic Association and Chairman of the National Parks and Roadside Development Committees, Harrisburg, and for the Canadian members, Mr. J. T. Johnston, Director of the Dominion Water Power and Reclamation Service, Department of the Interior, and Doctor Charles Camsell, Deputy Minister of Mines.
On January 17, 1931, there occurred a fall of rock in the American Fall, on which the Board submitted a Supplementary Report dated November 10, 1931. On August 13, 1934, a rock slide took place on the American side of Horseshoe Fall, followed by a further slide on December 5, 1934, from the Canadian side of the Horseshoe Fall.
This Government considers that the remedial works proposed by the Board are urgently needed for the restoration and enhancement of the beauty of Niagara Falls. It is believed that a material improvement of the present scenic conditions would follow their construction. The impairment by erosion has been forcibly brought to our attention by the recent falls of rock, and the bared flanks of the Horseshoe Fall and the thin flow over the American Fall are striking witnesses to the need for prompt betterment of existing conditions. The Board has stated that the purposes sought to be accomplished by the proposed works are as follows:
“The results to be anticipated from the construction of the works on the two flanks of the Horseshoe Falls will be the insurance at all seasons of an unbroken crest line from shore to shore, the maintenance of the present blended green and white colour effects of the Horseshoe Falls and, in some proportionate measure, a modification of the rate of erosion in the bend. The works in Grass Island pool will ensure an adequate flow in the American rapids and falls and between the Three Sister Islands.”
There appears to be no likelihood whatever that the Convention of January 2, 1929, will be approved by the Senate and, moreover, the power aspects of the Convention are unsatisfactory to the President. [Page 836] In these circumstances, a different approach to the problem of the beautification works will have to be made if their construction is to be undertaken at an early date. We feel that it is urgently necessary for these works to be undertaken without further delay.
Therefore, I desire at this time to request the consideration of the Canadian Government of an arrangement for the joint construction of the planned remedial works to preserve the beauty of Niagara Falls independently of additional diversion of water for power purposes. I hope that this can be done by an exchange of notes, in which mention will be made that it is clearly understood by both parties that no permanent allocation of water rights is effected thereby nor is there authorized any additional use of water by power companies, public or private, on either side of the Falls. The works could proceed under the supervision of the existing Board and subject to such modifications or changes from its original recommendations as may be acceptable to the two Governments. It may, of course, be desirable at this time to give to the Board instructions for further consideration of the matter. If so, this Government will be glad to exchange views with the Canadian Government in the matter.
You are instructed to present to the Canadian authorities a note in the sense of the foregoing. For your information, it may be stated that the question is at present receiving considerable attention in the United States; the President, the Secretary of War, the two Senators from the State of New York and Representatives from Buffalo are actively interested. A copy of proposed legislation introduced during the present session of Congress is enclosed for your information.45 In addition to sending your note please express orally to the Prime Minister our hope that the Canadian Government will find it possible to reply favorably in this matter.
Very truly yours,
- Not printed.↩
- Foreign Relations, 1929, vol. ii, p. 94.↩
- Not printed.↩