ating records, shall be subject to inspection at all times by authorized inspectors of the United States.

Fifth. This permit is issued without any determination of priority of right to divert water from the Niagara River between the parties to whom such permits, for diversion, may be issued.

Sixth. The Secretary of War reserves the right at any time to modify the form of this permit, to change the method or plan of measurement herein prescribed, or to substitute other methods of measurement, whenever, in his judgment, such modifications, changes, or substitutions are necessary to carry out the provisions of the act of June 29, 1906, under which this permit is issued. Witness my hand this sixteenth day of August, 1907.

WM. H. TAFT, Secretary of War.

Extended September 2, 1911, to March 1, 1912.

PERMIT FOR THE TRANSMISSION OF ELECTRICAL POWER FROM CANADA INTO THE UNITED STATES.

Whereas under the provisions of an act of Congress, approved June 29, 1906, entitled "An act for the control and regulation of the Niagara River, for the preservation of Niagara Falls, and other purposes," it is provided that the Secretary of War may grant permits for the transmission of power from the Dominion of Canada into the United States, and that it shall not be lawful to transmit electrical power into the United States from Canada except in accordance with the permits so issued by the Secretary of War; and

Whereas upon all the proceedings taken in respect of permits under the said act, the Secretary of War, under date of January 18, 1907, filed a written opinion, directing, among other things, that a permit issue to the Niagara Falls Electrical Transmission Co. for the transmission of 46,000 electrical horsepower from the Dominion of Canada into the United States; and

Whereas the said Niagara Falls Electrical Transmission Co. has made a supplemental petition that such permit provide that a part of such electrical power may be delivered to the Cataract Power & Conduit Co. (a New York State corporation for use in the United States after transformation by stepup transformers of the Canadian Niagara Power Co. at Niagara Falls, Canada, and transmission to point in the international boundary between Fort Erie, Canada, and Buffalo, N. Y., over the power transmission lines of the Canadian Niagara Power Co.

Now, therefore, this is to certify that hereby the Secretary of War gives permission to the said Cataract Power & Conduit Co. and to the Niagara Falls Electrical Transmission Co., and to such other distributing agents or companies in the United States as The Electrical Development Co. of Ontario (Ltd.) may designate to receive from the said The Electrical Development Co. of Ontario (Ltd.) at the international boundary line and to transmit into the United States 46,000 electrical horsepower upon the following terms and conditions:

First. A part of such electrical power may be received by the said Cataract Power & Conduit Co. at the international boundary over the power transmission lines of the Canadian Niagara Power Co. The remaining part of such electrical power may be transmitted into the United States over transmission circuits hereafter to be approved by the Chief of Engineers, and may be received by the said Niagara Falls Electrical Transmission Co., or by such other distributing agents or companies in the United States as the said The Electrical Development Co. of Ontario (Ltd.) may designate.

Second. So long as the said Cataract Power & Conduit Co. and the said Niagara Falls Electrical Transmission Co. shall procure from the Electrical Development Co. of Ontario (Ltd.) the right for the Chief of Engineers, or his representatives to enter upon the premises of the Electrical Development Co. of Ontario (Ltd.) and to inspect and verify their records to the satisfaction of the Chief of Engineers, and so long as the amount of power transmitted to the United States does not exceed 75 per cent of the amount herein authorized, the measurements necessary to insure compliance with the terms of this permit shall be made at the expense of the grantee at the station of the Electrical Development Co. of Ontario (Ltd.), due allowance being made for losses between the measuring station and the international boundary line.

Third. When the amount of power transmitted to the United States under the terms of this permit exceeds 75 per cent of the authorized amount, or if right of access or examination to the satisfaction of the Chief of Engineers is declined or refused at any time by the Electrical Development Co. of Ontario (Ltd.), the measurements necessary to insure compliance with the terms of this permit shall be made at suitable points in the United States near the international boundary.

Fourth. When under either of the conditions named in the paragraph immediately preceding the power imported is measured at points in the United States, such measurements shall be made by continuous record indicating watt meters of approved design, to be furnished, installed, and maintained by the grantee; continuous records shall be taken on each independent circuit entering the United States; the meters shall be kept in efficient condition, and the records shall be subject to inspection at any time by authorized inspectors of the United States.

Fifth. Except as noted below, 46,000 electrical horsepower represents the aggregate maximum loads that can be brought ito the United States at any time under the terms of this permit:

(a) Momentary indications in excess of the authorized amount, due to short circuits, grounds, etc., will not be considered as violations of the permit.

(b) Peaks of load curves due to overlapping loads will not be considered as violations of the permit provided the duration of any one such peak, measured on the 46,000 horsepower line, does not exceed one hour, and provided that the total duration of such peaks in 24 hours, measured in the same maner, does not exceed two hours.

Sixth. Maps or charts, verified to the satisfaction of the Chief of Engineers, shall be filed with the Chief of Engineers, showing the exact location of all lines or circuits over which power is transmitted into the United States under the provisions of this permit; and no change shall be made in such lines or circuits without submitting at the same time to the Chief of Engineers, or his representative, a map or chart showing such change.

Seventh. One of the objects of the law being the preservation of the natural scenic conditions of the Falls and the gorge, it is stipulated that the plans for carrying the power across the international boundary be submitted to the Secretary of War for approval before work is undertaken. For the same reason, it is further stipulated that no steps be take by the grantee, or its allied interests, as disclosed in its application for a permit toward the construction of another bridge across the Niagara River.

Eighth. The Secretary of War reserves the right at any time to modify the form of this permit, to change the method or plan of measurement herein prescribed, or to substitute other methods of measurement whenever, in his judgment, such modifications, changes, or substitutions are necessary to carry out the provisions of the act of June 29, 1906, under which this permit is issued. Witness my hand this 17th day of August, 1907.

WM. H. TAFT, Secretary of War.

PERMIT TO NIAGARA FALLS POWER CO. FOR THE TRANSMISSION OF ELECTRICAL POWER FROM CANADA INTO THE UNITED STATES.

Whereas under the provisions of an act of Congress, approved June 29, 1906, entitled "An act for the control and regulation of the Niagara River for the preservation of Niagara Falls, and for other purposes," it is provided that the Secretary of War may grant permits for the transmission of power from the Dominion of Canada into the United States, and that it shall not be lawful to transmit electrical power into the United States from Canada except in accordance with the permits so issued by the Secretary of War;

Whereas upon the applications, hearings, reports, and all the proceedings by the applicants for permits under the provisions of the said act, the Secretary of War, under date of January 18, 1907, filed a written opinion directing, among other things, that a permit be issued to the Niagara Falls Power Co. for the transmission of 52,500 electrical horsepower from the Dominion of Canada into the United States;

Now, therefore, this is to certify that the Secretary of War hereby gives permission to the Niagara Falls Power Co. to receive from the Canadian

Niagara Power Co., at the international boundary line, and to transmit from the Dominion of Canada into the United States, 52,500 electrical horsepower, upon the following terms and conditions:

First. Such electrical power may be received in the United States in the first instance by the Niagara Falls Power Co. or by its distributing agents or others with whom it or the Canadian Niagara Power Co. has or hereafter may have contracts for power delivery in the United States.

Second. Measurements of the amount of power transmitted into the United States under the terms of this permit shall be made at suitable points in the United States near the international boundary by continuous record-indicating wattmeters of approved design, to be furnished, installed, and maintained by the grantee; continuous records shall be taken on each independent circuit entering the United States; the meters shall be kept in efficient condition, and the records shall be subject to inspection at any time by authorized inspectors of the United States.

Third. Except as noted below, 52,500 electrical horsepower represents the maximum load that can be brought into the United States at any time under the terms of this permit:

(a) Momentary indications in excess of the authorized amount, due to short circuits, grounds, etc., will not be considered as violations of the permit.

(b) Peaks of load curves, due to overlapping loads, will not be considered as violations of the permit, provided the duration of any one such peak, measured on the 52,500-horsepower line, does not exceed one hour, and provided that the total duration of such peaks in twenty-four hours, measured in the same manner, does not exceed two hours.

Fourth. Maps or charts, verified to the satisfaction of the Chief of Engineers, shall be filed with the Chief of Engineers, showing the exact location of all lines or circuits over which power is transmitted into the United States under the provisions of this permit, and no change shall be made in such lines or circuits without submitting at the same time to the Chief of Engineers or his representative a map or chart showing such change.

Fifth. The Secretary of War reserves the right at any time to modify the form of this permit, to change the method or plan of measurement herein prescribed, or to substitute other methods of measurement whenever, in his judgment, such modifications, changes, or substitutions are necessary to carry out the provisions of the act of June 29, 1906, under which this permit is issued. Witness my hand this 16th day of August, 1907.

WM. H. TAFT, Secretary of War.

Extended September 2, 1911, to March 1, 1912.

Permit to Niagara, Lockport & Ontario Power Co. for the transmission of electrical power from Canada into the United States.

Whereas under the provisions of an act of Congress approved June 29, 1906, entitled "An act for the control and regulation of the Niagara River, for the preservation of Niagara Falls, and other purposes," it is provided that the Secretary of War may grant permits for the transmission of power from the Dominion of Canada into the United States and that it shall be not lawful to transmit electrical power into the United States from Canada except in accordance with the permits so issued by the Secretary of War.

Whereas upon the applications, hearings, reports, and all the proceedings by applicants for permits, under the provisions of the said act, the Secretary of War, under date of January 18, 1907, filed a written opinion directing, among other things, that a permit be issued to the Niagara, Lockport & Ontario Power Co. for the transmission of 60,000 electrical horsepower from the Dominion of Canada into the United States.

Now, therefore, this is to certify that the Secretary of War hereby gives permission to the Niagara, Lockport & Ontario Power Co. to receive from the Ontario Power Cc. of Niagara Falls, at the international boundary line, and to transmit into the United States, 60,000 electrical horsepower upon the following terms and conditions:

First. So long as the Niagara. Lockport & Ontario Power Co. shall procure from the Ontario Power Co. of Niagara Falls the right for the Chief of Engineers, or his representative, to enter upon the premises of the Ontario Power Co. of Niagara Falls and to inspect and verify their records to the satisfaction

of the Chief of Engineers, and so long as the amount of power transmitted to the United States does not exceed 75 per cent of the amount herein authorized, the measurements necessary to insure compliance with the terms of this permit shall be made at the expense of the grantee at the station of the Ontario Power Co. of Niagara Falls, due allowance being made for losses between the measuring station and the international boundary line.

Second. 'When the amount of power transmitted to the United States under the terms of this permit exceeds 75 per cent of the authorized amount, or if the right of access or examination to the satisfaction of the Chief of Engineers is declined or refused at any time by the Ontario Power Co., the measurements necessary to insure compliance with the terms of this permit shall be made at suitable points in the United States near the international boundary.

Third. When under either of the conditions above named the power imported is measured at the points in the United States, such measurements shall be made by continuous record indicating wattmeters of approved design, to be furnished, installed, and maintained by the grantee; continuous records shall be taken on each independent circuit entering the United States; the meters shall be kept in efficient condition, and the records shall be subject to inspection at any time by authorized inspectors of the United States.

Fourth. Except as noted below, 60,000 electrical horsepower represents the maximum load that can be brought into the United States at any time under the terms of this permit.

(a) Momentary indications in excess of the authorized amount, due to short circuits, grounds, etc., will not be considered as violations of the permit.

(b) Peaks of lead curves due to overlapping loads will not be considered as violations of the permit, provided the duration of any one such peak, measured on the 60,000 horsepower line, does not exceed 1 hour, and provided that the total duration of such peaks in 24 hours, measured in the same manner, does not exceed 2 hours.

Fifth. Maps or charts, verified to the satisfaction of the Chief of Engineers, shall be filed with the Chief of Engineers, showing the exact location of all lines or circuits over which the power is transmitted into the United States under the provisions of this permit; and no change shall be made in such lines or circuits without submitting at the same time to the Chief Engineers or his representative a map or chart showing such change.

Sixth. One of the objects of the law being the preservation of the natural scenic conditions of the Falls and the gorge, it is stipulated that the grantee shall, either directly or through the Ontario Power Co., take steps to restore the natural growth on the sides of the gorge at the point where power is now brought into the United States.

It is further stipulated that no additional power crossings shall be undertaken until the plans therefor have been approved by the Secretary of War. Seventh. The Secretary of War reserves the right at any time to modify the form of this permit, to change the method or plan of measurements herein prescribed, or to substitute other methods of measurement, whenever in his judgment, such modifications, changes or substitutions are necessary to carry ou the provisions of the act of June 29, 1906, under which this permit is issued. Witness my hand this sixteenth day of August, 1907.

WM. H. TAFT, Secretary of War.

Extended September 2, 1911, to March 1, 1912.

ADDITIONAL STATEMENT OF MR. COHN.

Mr. COHN. I believe I had better say for the benefit of Congressman Cooper, who raised the question the other day, that there is positively no disposition to keep the diversion down below the limit of 16,200 cubic feet, that would prevent anyone else from getting a permit under the existing law.

Mr. GARNER. Major, will you give the committee an estimate of what it would cost your department to supervise the taking of water on this side and the importation of power from Canada?

Maj. LA DUE. I would not like to hazard an estimate now, especially without knowing how far the supervision would go. We have spent about $27,700 since the Burton law went into effect, but a very large part of that sum went into these very elaborate investigations, which were necessary in the beginning and which are reported in these two documents.

There will be no such elaborate investigations to undertake now. It will be a question of supervision only, and the cost will be less, but how much less I would not like to say. I think it would be well to reappropriate the unexpended balance of the appropriation made by the Burton Act.

Mr. GARNER. After your investigations were made under this law, for instance, the continued annual expense would be about how much? The stationing of an officer there, would that be the expense?

Maj. LA DUE. We have not had an officer stationed there; we have one or two inspectors who go up there as needed. So far as that feature of it goes, it would probably be only the salary of one or two men. Mr. GARNER. A very nominal expense, then, after you had made a thorough examination under this provision of the bill?

Maj. LA DUE. A nominal expense. Of course if any especial investigation becomes necessary, we will have to send parties there. In December last it became evident that the Hydraulic Co., owing to the improvements they had been making in their plant, was approaching its authorized limit of diversion, so we sent a party there-just how large a party I do not know. This party made measurements and established a rule to govern the operations of the company and fix the limit of their output.

The CHAIRMAN. If you have anything further you wish to incorporate in your statement, you have that privilege.

SUPPLEMENTARY STATEMENT OF GEN. FRANCIS V. GREENE.

Mr. Chairman, your committee has listened with very great patience on six successive days to statements and arguments of more than 30 individuals, representing a great variety of interests-Members of Congress, State officials, Chief of United States Army Engineers and his assistants, city officials, and representatives of commercial bodies, representatives of the American Civic Association, and representatives of power companies, both those which are in operation and those that have plans.

The discussion has taken a very wide range and has covered every possible topic in this connection-legal, scientific, commercial, sanitary, or emotional. Now, out of it all it seems to me that four very serious questions have been presented for your consideration, namely, national defense, navigation, regulation of rates, and the scenic grandeur of Niagara Falls. I put that last, not because it is by any means the least important, but because it is the one concerning which there has been the greatest difference of opinion.

With your permission I will try to rehearse as accurately and as briefly as possible a summary of the testimony which has been given to you on these four points.

First. As to national defense. One might wonder just how the question of national defense comes in with the diversion of the waters of Niagara River, and the theory of it, as I understand it, is that the river might have been drained dry, so that it would offer no obstacle to an invading army. In the remote and almost unthinkable contingency of a war with Great Britain or Canada-if such a thing should have happened; if Niagara River had been drained dry-our defense to that extent would have been injured or ruined. Now, on that question there is no conflict of testimony whatever. The only testimony which you have is in these documents. The reports of the engineers state that there had been no injury to the Niagara River as a means of national defense.