rock. Plate II of the Engineer's Report [showing photograph] will show you this. As I stated before, on several occasions I could with perfect safety walk out along here [indicating] on the west of the Falls.

Mr. CLINE. How deep is the water that flows over the Falls at that point now?

Mr. SPENCER. It varies from a foot to 6 inches and the maximum depth of the water at the crest of the upper rapids is not over 9 feet at any one point, and the major portion of that would be less than 7 feet, and where the Falls are deepest, I mean on the crest of the line, which is the Canadian side, I do not think any part is over 8 or 9 feet. As I say on the crest of the rapids above the Falls the water does not reach 9 feet at any one point. On the American Falls the mean depth is only about 3 feet at the upper rapids. At the crest of the Falls it is much less.

Mr. CLINE. Well, now, will that be seriously affected if they take all the water that is supposed to be taken under the treaty, in your opinion?

Mr. SPENCER. It will, as will be shown in this paper.

The question before you is how much the diversion of 4,400 cubic feet per second will affect the Falls. Again if you will look at plate 22 of the Engineer's Report, and compare figures 1 and 2, you will see the difference between the effect of 200,000 and 196,000 feet, that is the withdrawal of 4,000 feet. During three months of last winter not merely was the discharge reduced by this 4,000 feet but to double this amount. Now, this is a question that effects 800 feet on the New York side of the great cataract. The American Falls is not effected to such a great degree, but half of those Falls next to Goat Island have only a few inches of water and I have been over more than half of the Falls when partially drained.

I will say here that after four months, three of these continuous months, in the winter and that is November, the condition was even worse than is shown here, that is not for one day but the mean for those months. If you will again look at this portion of the Engineer's Report it throws much light upon the subject [exhibiting photograph of the Falls]. This photograph was taken when there was a discharge of 196,000 feet per second [exhibiting another photograph]. This photograph was taken when there was a discharge of 200,000 cubic feet per second. The difference is 4,000 cubic feet per second. Now, during 1911 there was 196,000 feet, I mean for the whole year, remember, the discharge was equal only to 192,000 feet per second. Consequently the difference is twice what this figure is up here, that is to say-I will repeat-the mean height of the water in 1906 was 4,000 feet below what this picture shows [indicating]. This picture [indicating] shows 4,000 feet below what this picture shows [indicating].

Now, the American Falls is not affected to the same extent as this New York end of the Horseshoe, but the southern half; that is, the half next to Goat Island, is only 6 feet 10 inches deep, so that the southern end of the American Falls is only a little better off thanthis portion of the Horseshoe is better off because the water is coming more from the Horseshoe than it is from the American channel. Now, with regard to the subject of the lower rapids.

The subject of the lower rapids has been mentioned. One of them has a height of 51 feet. They are part of the falls of Niagara and are visited by just as many people. In magnificence neither these nor the rapids above the Falls are inferior to the falling sheet of water. You can not cut off an arm and a leg of a man and leave him intact. But here is another point, if you divert the water from the pool below the Falls you lower its level, which increases the rate of recession of the main Falls themselves. The question of the international relationship of this water I shall not discuss.

The mean level of Lake Erie during the whole of 1911 was 7 inches below the level of the preceding 20 years. A part of this at least was due to the diversion of the waters. Three of the companies take their water from the basin above the rapids, and in doing so increase the size of the outlets of this basin. For the large ships each inch of cargo, I am told, represents $100 in freight.

Gentlemen, I am not hostile to the power companies asking for more water. Let me say that had it not been for the persistent refusal of the Ontario government I believe that the quantity allowed on that side, under the treaty would have been greatly curtailed, and as you know two of the power companies there belong to Americans, who through the Ontario government have obtained greater privileges than those located in New York. While not hostile to these companies nor to the Buffalo Drainage Canal, which could obtain nearly 36 gross horsepower per foot, yet I think that the people have a right to a presentation of their side of the question, and I have offered you facts which you may take in consideration with the subject. If I may be allowed to cite a British anecdote. The Earl of Kimberley was secretary for the colonies. He took the draft of the treaty, after the first Boer War, to Queen Victoria. She said, "May I ask you to reconsider, for this will be a fatal mistake." He returned; again she pleaded for another reconsideration. He replied, "It is settled. It is the will of the people." She replied. Then I shall sign. But you will live to see the day when Britain will regret it." Kimberley said, "We have learned to regret it. Her Majesty was right."

Now, gentlemen, let me say that under the full diversion of water as granted by the treaty, the main cataract will have been been reduced to one-half of its breadth, as also one-half of the American Falls. The treaty permits a diversion of 28 per cent for mean discharge, or 33 per cent, including the Chicago canal. This rises to 40 per cent during months of low water. The extreme disturbance on account of wind lasts for only a few hours or a day and may be rejected from consideration. However, for a week in February, 1909, during low water the flow of the water was suspended from the American Falls and 800 feet of the main cataract, next to Goat Island, a forerunner of future conditions. Gentlemen, it is for you to consider the facts as related to the whole people on the one hand, and on the other whether it is the advantage to turn Niagara into alluminum carbide, etc., for the other general manufacturing uses do not consume an inordinate demand for power. The Alluminum Co., according to the report, was for years working on a capital of $3,200,000. Two or three years ago they were able to pay a stock bonus of 500 per cent, thus bringing the capital up to $16,

000,000. It does not appear that the American people received any bonus for their water.

Mr. KENDALL. How is that last statement true?

Mr. SPENCER. Under the treaty.

Mr. KENDALL. I heard that, but what did you say about 40 per cent?

Mr. SPENCER. When the water is at a low stage, I mean.

Mr. KENDALL. The full discharge of the Falls will be 40 per cent? Mr. SPENCER. At the low stage of the water, lasting for a month or more, and as any variation as to that lasts only for a few hours it is not worth considering one way or the other. It might be enough to stop the works for a few hours.

I can show you a photograph of this which you can pass around showing the stability of the flow [passing photographs around the committee room].

Mr. KENDALL. But that is a photograph illustrating the situation there during that week in February, is it?

Mr. SPENCER. Yes; that is prophetic of what is going to happen with a full outturn of the power.

Mr. KENDALL. Well, it is descriptive of what has happened under those conditions.

Mr. SPENCER. It has happened under those conditions. It has been diminished on two other occasions, but never a stoppage of the water on the American Falls occurred until February. Subsequent to that, the year after, the American Falls were broken up into four parts, but I did not get photographs of that. These photographs were my own. That is a determination of the water on our New York side of the Horseshoe [illustrating]. This also shows the retaining wall by which 415 feet are permanently diverted.

Mr. COOPER. Do you mean that 400 feet out from the Canadian side there was a wall erected which prevents the water from flowing? Mr. SPENCER. Absolutely, for 415 feet, and the wall is shown in that picture. Now, I will not presume to suggest anything. I simply brought these facts to you for your consideration.

Mr. FOSTER. Will it interrupt you if I ask you the purpose of this retaining wall?

Mr. SPENCER. I will state, as you were told by the Chief of Engineers, that the greatest effect was on the Canadian side; where it is 6 inches on the Goat Island side it is 9 inches on the Canadian side. When the first power plants were established they drew the greatest portion of their water not from the New York channel-that is, the Horseshoe channel-but drew the greater part of the Canadian channel, the result was the water flowing back, and before they began their work, about 1901-I can not give you the exact datethey built this retaining wall and filled in with earth behind it, and it runs along 415 feet at the end of the Falls, so no matter what the condition of the rainfall is that has been destroyed to that extent. Mr. FOSTER. By the Canadian Government?

Mr. SPENCER. If you draw me into the question of the Canadian Government-it was done for a simple purpose. Prior to that the water was usually drawn off from the Canadian side. This wall was built to block the water, and to send it back to the power house. Mr. BROWN. That was done as a part of the park system-to enable spectators on the Canadian side a better view of the Falls?

Mr. SPENCER. Not at all. I was at Niagara Falls practically all the time this was being constructed, and when it was thrown open. Now to come to the question

Mr. KENDALL. Before you leave that question-the effect of establishing that retaining wall was to destroy 415 feet of the Falls, was it?

Mr. SPENCER. Four hundred and fifteen feet of the main Horseshoe Falls on the Canadian end of the Horseshoe.

Mr. KENDALL. But there had been a flow of 415 feet of water over that until that time?

Mr. SPENCER. Yes; prior to that time. It took about one and a half years before it was completed.

Mr. KENDALL. That was diversion of the water that had previously gone over that wall toward the center of the wall?

Mr. SPENCER. Yes; high water has been lowered by the diversion of that water, and it got to be very shoaly.

Now, it is a question whether it is pleasing to destroy the Falls or to exploit the carbide works and those other great consumers of power, the aluminum company; and I will mention here, perhaps some you do not know, according to their report they have been working with a capital of only $200,000, but three years ago they were able to pay a stock bonus of 500 per cent, but the American people did not get any part of that bonus.

The Canadians now charge rental for that water; the American people receive none, nor do they receive duty. In an editorial of the organ of the Ontario government, January 18, it was stated that early in 1911 the margin of possible exports has a long way to go before being exhausted, and that the removal of restrictions would seem to be somewhat superfluous. It is stated that the consumption in Ontario is comparatively limited, and that the Canadian Government can impose an export duty.

Mr. KENDALL. Now, that means, I take it, that there is plenty of water there that may be exported if it is not utilized there.

Mr. SPENCER. There is plenty of water available under the present agreement, and it would be superfluous to give permission to pass any more. I should have brought that clipping I received only a few minutes before I came here, but I forgot to bring it down. Now, of course, the Canadian Government has the power to apply an export duty, as the statement mentions.

Mr. BROWN. May I ask you this question: The Canadian power companies have to reserve one-half of their power for sale on the Canadian Government?

Mr. SPENCER. Yes.

Mr. BROWN. And they can only export the other half of each company, not to the aggregate sums of all the companies, so that if the Canadian Power Co. is given the privilege to export one-half of its power and the Ontario Co. one-half of its power then there could be no export unless there was some other company ready to develop two for every one that was exported.

Mr. SPENCER. These two companies could increase their power of production, and by that means they could export more.

I wish to say one word in regard to the work of the International water-making machine. I have had something to do with that. It was originated by the late Andrew H. Green, of New York. That

was for the special purpose of saving the Falls from spoliation. I had the honor on several occasions to assist the late Secretary Hay and also the late Senator Platt, so that I am thoroughly informed with regard to the methods of that International water-making machine.

Gentlemen, I thank you for your attention.

Mr. KENDALL. Do you represent some civic association?

Mr. SPENCER. I am a member of a civic association. If you wish to know how I got in connection with this I will give it to you in a few minutes.

Mr. KENDALL. The only purpose I had was to ascertain the reason for your being here this afternoon, which is a very proper one altogether.

Mr. SPENCER. The reason is this: I began as a young man to study the situation at Niagara Falls; later I began to publish for the Niagara Falls Park Commission. I published a lengthy report. I began in 1902, or about that, my association with Mr. Greene, and on account of this previous association and the fact that I was connected with the work and other matters relating to Niagara Falls it was thought but right that I should have an opportunity to carry on scientific investigations. Although an American citizen, I was asked by the geological survey of Canada to make a full report upon the Falls. I did not have the facilities that the engineers had in some directions. I had more facilities in some other directions. The result of that was I published a work of 500 pages on the scientific history of the Falls, a part of which is included in the statistics which I have been giving you. I have kept up with the information which has been supplied by the engineers department, until the present time, consequently I am familiar-there may be some details I do not know-but I am familiar with almost everything of a scientific nature concerning the Falls of Niagara.

Mr. KENDALL. I am glad you made this subsequent statement. I think it is valuable.

The CHAIRMAN. Mr. Spencer, will you put into the record your statement with regard to the recession of the Falls by reason of the erosion?

Mr. SPENCER. I shall be very glad to do so, and I therefore hand you a copy of my paper on that subject, which, together with what I have previously stated, covers the whole question.

[Bulletin of the Geological Society of America. Vol. 21, p. 447-448, pl. 32-34, Aug. 10, 1910.1

INTERRUPTION IN THE FLOW OF THE FALLS OF NIAGARA IN FEBRUARY, 1909.

(By, J. W. SPENCER.

Read before the society Dec. 29, 1909.)
PREVIOUS FLUCTUATIONS.

Since the year 1890, the mean level of Lake Erie has fallen about 1 foot 1 and the basin above Goat Island about a foot and a half. From that year until the end of 1905, the mean annual fluctuations varied scarcely more than 1 foot, while in one case the mean monthly variation reached nearly 2 feet; but during the progress of storms, when the wind has changed to the opposite direction, the fluctuations have been found to reach 5 or even 6 feet.

1 J. W. Spencer: Evolution of the Falls of Niagara. Geological Survey of Canada, p. 190.