and individuals situate or living in what is known as the Niagara frontier the free use and perpetual right to use the said canal for sewage-disposal purposes, and for the carrying off of flood waters caused by storms. SEC. 4. That in consideration of the facilities which it will afford to the communities, municipalities, corporations, and individuals enumerated in section three of this act the company shall have and forever enjoy the right to and possession of all the water power which it is possible to develop from the volume of water which this act permits it to withdraw from Lake Erie and cause to flow through its proposed channels into Lake Ontario. SEC. 5. That the company shall have the right, when Buffalo River shall have been sufficiently deepened and enlarged to a junction with the proposed canal, to make a proper connection of said river with said canal, and thereafter cause the waters of Lake Erie to flow through said Buffalo River into the said canal. And further, that the said company may make such changes and improvements in Smokes Creek, Ellicott Creek, and other streams in Erie and Niagara Counties as will permit water to enter the said streams from Lake Erie, and through them into the canal of the said company, and through the same into Lake Ontario. And further, that the said company may build and maintain at the mouths of Smokes Creek and Eighteen Mile Creek such protecting piers and docks as may be necessary to carry out the purposes and operations of the company; all of which construction affecting navigation shall be done under the direction of the War Department. SEC. 6. That the provisions of this law shall cease to be operative should it be judicially determined that said company has entered any conspiracy or unlawful combination or monopoly in restraint of trade. SEC. 7. That the Secretary of War shall continue the present permits for the diversion of fifteen thousand six hundred cubic feet per second. By Delegate F. M. Hallett: NIAGARA FALLS, N. Y., January 18, 1912. Whereas the Committee on Foreign Affairs of the House of Representatives is at this time considering legislation on Niagara River diversion for power development; and Whereas there is now no competition among the Niagara River power companies, with the result that exorbitant prices are charged for electric current for power and lighting purposes in this city: Therefore be it Resolved, That the delegates in the Trades and Labor Council of Niagara Falls, N. Y., assembled, respectfully urge that the committee forward legislation extending the limit of Niagara River diversion from 15,600 cubic feet per second to 20,000 cubic feet per second; and That the Committee on Foreign Affairs make provision in the pending bill to grant to the city of Niagara Falls the right to apply for a permit to divert water from the Niagara River for power purposes, so as to permit the creation of a municipal electric lighting and power plant; and be it further Resolved, That a copy of this resolution be forwarded to Representative William Sulzer, of New York, chairman of the Committee on Foreign Affairs; to Representative James S. Simmons, of Niagara Falls, N. Y.; and to Representative Charles Bennett Smith, of Buffalo, N. Y., asking their efforts to forward such legislation. Hon. HENRY LEWIS STIMSON, Jos. P. HUNTER, President. THE TORONTO POWER Co. (LTD.), Secretary of War, Washington, D. C. DEAR SIR: Re "An act for the control of the waters of Niagara River, for the preservation of Niagara Falls, and for other purposes," and license of the Niagara Falls Electrical Transmission Co. We understand that in the recent hearing in regard to the licenses for importing power to the United States from Canada under what is known as the Burton Act, which licenses are expiring March 1, 1912, that the statement was made that the 46,000 horsepower allowed the Niagara Falls Electrical Transmission Co. for importation under the terms of the act was not being used, and was consequently not available for United States demand for power. If you will be good enough to grant us the favor of an interview, we will be glad to go to Washington any time convenient to your honorable self to refute this statement. Letter dated Toronto, Ontario, January 20, from Robert J. Fleming, general manager the Toronto Power Co. (Ltd.), re use of power allowed the Niagara Falls Electrical Transmission Co. The Secretary of War wishes a report from you on this matter. W. R. PEDIGO, Private Secretary. The CHIEF OF ENGINEERS. [Second indorsement.] WAR DEPARTMENT, OFFICE OF THE CHIEF OF ENGINEERS, 1. Respectfully returned to the Secretary of War. 2. It is believed that the hearing referred to within is the one which has been in progress before the Committee on Foreign Affairs of the House of Representatives since the 16th instant, with reference to the diversion of water at Niagara Falls and the importation of electrical power from Canada, and which. it has been announced, will be resumed at 10 o'clock on the morning of the 26th instant. Representatives of different power and transmission companies have been present at the various sessions, and free expression of their views has been invited. 3. It is recommended that Mr. Fleming be informed accordingly by telegraph and that this letter be referred to Hon. William Sulzer, chairman of the House Committee on Foreign Affairs, with a statement of the action taken by the Secretary of War. [Third indorsement.] EWD. BURR, Acting Chief of Engineers. WAR DEPARTMENT, January 24, 1912. Respectfully referred to Hon. William Sulzer, chairman Committee on Foreign Affairs, House of Representatives, Mr. Fleming having been advised in accordance with the recommendation of the Acting Chief of Engineers, United States Army-copy of telegram herewith. By order of the Secretary of War: The SECRETARY OF WAR. JOHN C. SCOFIELD, Assistant and Chief Clerk. WASHINGTON, D. C., February 3, 1912. DEAR SIR: Representing the Erie & Ontario Sanitary Canal Co., I offer to pay one-sixth of the cost of diffusing the waters above the Horseshoe Falls, according to plans of Isham Randolph, explained heretofore to President Taft and the engineers of the Canadian Government, provided the grant asked for by the company of 6,000 cubic feet per second is made under the terms of the treaty between the United States and Great Britain signed January 11, 1909. Maj. Keller has recommended, in Senate Document No. 105, page 15, that similar diffusion works be paid for by the power companies, and it is to carry out the spirit of that recommendation that I make this statement. Yours, truly, ERIE & ONTARIO SANITARY CANAL Co., By MILLARD F. BOWEN, President. LA SALLE, N. Y., January 4, 1912. Hon. Wм. SULZER, M. C., Washington, D. C. DEAR SIR: Since the inclosed letter was written the Burton Act has been extended to March 31, 1912, thus making it doubly certain that the next session of Congress will be called upon for some solution of this great problem. In the preparation of the accompanying letter I have made use of the reports of United States engineers, the published records of hearings before the Committees on Rivers and Harbors at Washington, and my own personal knowledge of the power situation on the Niagara frontier. I have no financial interest in or connection with any existing or prospective power company, and only desire that, with just and proper regard for vested interests of great value that can not be ignored, such legislation may now be had as will most surely promote the public welfare. It certainly is true that the conservation and proper utilization of the nation's water power takes rank in importance with the great reclamation prospects of the West in which the Government is now wisely engaged. If in your estimation I can be of any further use in connection with the Niagara situation, I shall be glad to be considered at your service. Very respectfully, yours, JOHN W. WILLIAMS. Hon. WILLIAM SULZER, Washington, D. C. 730 ELLICOTT SQUARE, January 9, 1912. DEAR SIR: I hear that the State conservation commissioners are to be heard before your committee next Tuesday; is that a fact? Now that the international joint commission is organized, I wish that the whole subject of the Niagara River waters could be referred to that commission; I talked with Chairman Tawney last Sunday here about it, and he was not sure of their jurisdiction; but if all agree upon a reference and join in the hearing there is no doubt of jurisdiction. As soon as rules of procedure are adopted hearings will be held, and I hope that we can get to work without delay. Yours, very truly, Hon. 'WILLIAM SULZER, MILLARD F. BOWEN. WERTHEIMER & DUFFY, 302-304 Broadway, New York, February 6, 1912. Chairman Foreign Relations Committee, Washington, D. C. MY DEAR SIR: As a citizen interested in the event, I write to bespeak your active and favorable interest in behalf of the bill which is now before your committee affecting the amount of the water which may be diverted at Niagara Falls for the purposes of power. My understanding is that this bill is intended to make effective the conditions of the recent treaty between the United States and Great Britain, and it is highly desirable that the present anomalous condition shall not be permitted to continue, but that the State of New York shall have the right to its just proportion of water, which means increased manufacturing facilities and the further development of the industries of our State. It is needless to suggest that your committee will properly protect the national interests and by proper provision secure the supervision of the War Department as to the due and proper exercise of the rights which the bill would confer. The writer trusts that your committee will promptly report the bill out, and feels that your record for disinterested public service will be enhanced by the vigorous championship of this fair and reasonable measure. Very truly, yours, JAS. KING Duffy. CLIFFORD B. HARMON & Co. (INC.), Hon. WILLIAM SULZER, Chairman Committee on Foreign Relations, Washington, D. C. DEAR SIR: I understand that your committee is preparing to report out a bill determining the amount of water which may be diverted from Niagara River above the Falls for power purposes, thus making effective the recent treaty between Great Britain and the United States. In our opinion, the maximum limitation of 20,000 cubic feet per second allowed by the treaty should be permitted to be diverted, in order that the industrial development of the State of New York may be enhanced as fully as possible. To this end it is desirable that the present Burton Act should not be continued, but that the proper officers of the State of New York should be given the right to determine to whom and in what amounts the water should be diverted, subject only to the supervision of the Secretary of War, who must necessarily have the right to determine whether or not the maximum is exceeded. Trusting that you and the members of your committee will report out and support legislation of this character, as we believe the Conservation Commission of the State of New York are fully qualified to see that it is developed to the interests of resident users in this State, we are, Very respectfully, yours, CLIFFORD B. HARMON. STATE OF NEW YORK, CONSERVATION COMMISSION, Hon. WILLIAM SULZER, MY DEAR MR. SULZER: I have your kind invitation to appear before the committee in regard to Niagara Falls. I shall probably wish to say something on this subject, if you can afford opportunity before you come to a final conclusion. I would rather wait until the views of the others are presented. Yours, very respectfully, T. E. BURTON. CHAMBER OF COMMERCE AND MANUFACTURERS' CLUB, Hon. WILLIAM SULZER, House of Representatives, Washington, D. C. DEAR SIR: Referring to report in newspapers that the statement has been made to you that the public-service commission is unable to cope with the situation of charges by electrical companies for power, I desire to say that such is not the opinion of this body, and to express to you on the contrary that we believe that the machinery devised and in successful operation for the control of public-service corporations in general, and of the electrical situation in particular, is entirely adequate to deal with the subject, and I desire further to state that this is the general feeling in this community. This body has originated and promoted an investigation into the changes made in Buffalo for elecrical power, which is now pending. It desires to secure for its citizens a readjustment and in many cases a reduction of present charges, and it is satisfied with the tribunal established by law to decide the issue. In conclusion, I beg leave earnestly and cordially to repeat the invitation extended to your committee to visit the Niagara frontier and gather the facts at first hand. Yours, respectfully, CHAMBER OF COMMERCE AND MANUFACTURERS' CLUB, By EDGAR C. NEAL, Vice President and Acting President. Hon. Wм. SULZER, M. C., LA SALLE, N. Y., January 15, 1912. Chairman House Committee on Foreign Affairs, Washington, D. C. MY DEAR SIR: I regret very much being unable to attend the hearing on Niagara power before your committee on Tuesday, but wish to present for your consideration a few facts regarding the situation. The Hydraulic Power Co., of Niagara Falls, will undoubtedly make a strong effort at this session of Congress to secure for its own use nearly all the remaining 4,400 cubic feet of water permitted by the treaty. On the basis of present effective use of Niagara waters for power development this company undoubtedly has a paramount claim. I think, however, certain other things should be known before so valuable a grant of public property is made. 1. The Hydraulic Power Co. is a close corporation, all the stockholders (so far as known) being members of one family. 2. Its property rights were acquired at sheriff's sale at a price far below their actual value of cost. 3. It is also true that the location of its plant and character of its development have done more than all others to destroy the beauties of nature near the cataract. 4. The Hydraulic Power Co. can not now be earning less than 20 per cent net annually on its entire investment. This will be greatly increased if their appeal is now granted. May I suggest and urge that before any additional water is granted to this or any other company its affairs be fully investigated and a sworn statement of its present earnings and profits be laid before Congress. If this is done I believe if any additional grant is made it will be conditioned upon a liberal return to the Government as grantor of property in this case unquestionably worth many millions to the grantees. Otherwise, and in any event, it seems to me it would be far wiser and more conducive to the public good if this request for additional water by private corporations was denied. In my judgment the only proper course is to remove all restrictions on the importation of power from Canada, and then use the remaining water on this side to develop the greatest possible amount of power. Having already fully presented my views along this line in a previous letter, it seems unnecessary to add more at this time. Thanking you for the notice sent me and assuring you of my continued high regard, I am, Very sincerely, yours, JOHN W. WILLIAMS. P. S.-Four thousand four hundred feet of water will develop, at Devils Hole, 109,000 horsepower; at Hydraulic Power Co., 85,000 horsepower; at Niagara Falls Power Co., 56,000 horsepower. Hon. WILLIAM SULZER, [Telegrams.] ALBANY, N. Y., January 17. Chairman Committee on Foreign Affairs, House of Representatives, Washington, D. C.: Please telegraph immediately day and hour to which your committee adjourned yesterday's hearing on Smith Niagara Falls bill. NEW YORK STATE CONSERVATION COMMISSION. WASHINGTON, D. C., January 17, 1912. NEW YORK CONSERVATION COMMISSION, Capitol, Albany, N. Y.: Hearings on Niagara bills will be continued to-morrow morning and Saturday. Representatives of the State of New York will be heard next Tuesday morning, 10 o'clock. All information sent to Attorney General Carmody and the governor. WM. SULZER. |