Such reports of the commission shall not be regarded as decisions of the questions or matters so submitted, either on the facts or the law, and shall in no way have the character of an arbitral award. The commission shall make a joint report to both Governments in all cases in which all or a majority of the commissioners agree, and in case of disagreement the minority may make a joint report to both Governments or separate reports to their respective Governments. In case the commission is evenly divided upon any question or matter referred to it for report, separate reports shall be made by the commissioners on each side to their own Government. ART. X. Any questions or matters of difference arising between the high contracting parties involving the rights, obligations, or interests of the United or of the Dominion of Canada, either in relation to each other or to their respective inhabitants, may be referred for decision to the international joint commission by the consent of the two parties, it being understood that on the part of the United States any such action will be by and with the advice and consent of the Senate, and on the part of His Majesty's Government with the consent of the Governor General in Council. In each case so referred, the said commission is authorized to examine into and report upon the facts and circumstances of the particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the reference. A majority of the said commission shall have power to render a decision or finding upon any of the questions or matters so referred. If the said commission is equally divided or otherwise unable to render a decision or finding as to any questions or matters so referred, it shall be the duty of the commissioners to make a joint report to both Governments, or separate reports to their respective Governments, showing the different conclusions arrived at with regard to the matters or questions so referred, which questions or matters shall thereupon be referred for decision by the high contracting parties to an umpire chosen in accordance with the procedure prescribed in the fourth, fifth, and sixth paragraphs of Article XLV of The Hague convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpires shall have power to render a final decision with respect to those matters and questions so referred on which the commission failed to agree. ART. XI. A duplicate original of all decisions rendered and joint reports made by the commission shall be transmitted to and filed with the Secretary of State of the United States and the Governor General of the Dominion of Canada, and to them shall be addressed all communications of the commission. ART. XII. The International Joint Commission shall meet and organize at Washington promptly after the members thereof are appointed, and when organized the commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction by the two Governments. Each commissioner, upon the first joint meeting of the commission after his appointment, shall, before proceeding with the work of the commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be entered on the records of the proceedings of the commission. The United States and Canadian sections of the commission may each appoint a secretary, and these shall act as joint secretaries of the commission at its joint sessions, and the commision may employ engineers and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the commission and of the secretaries shall be paid by their respective Governments, and all reasonable and necessary joint expenses of the commission incurred by it shall be paid in equal moieties by the high contracting parties. The commission shall have power to administer oaths to witnesses and to take evidence on oath whenever deemed necessary in any proceeding or inquiry or matter within its jurisdiction under this treaty, and all partes interested therein shall be given convenient opportunity to be heard, and the high con tracting parties agree to adopt such legislation as may be appropriate and necessary to give the commission the powers above mentioned on each side of the boundary, and to provide for the issue of subpoenas and for compelling the attendance of witnesses in proceedings before the commission. The commis sion may adopt such rules, of procedure as shall be in accordance with justice and equity, and may make such examination in person and through agents or employees as may be deemed advisable. ART. XIII. In all cases where special agreements between the high contracting parties hereto are referred to in the foregoing articles such agreements are understood and intended to include not only direct agreements between the high contracting parties, but also any mutual arrangement between the United States and the Dominion of Canada expressed by concurrent or reciprocal legislation on the part of Congress and the Parliament of the Dominion. ART. XIV. The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty. The ratifications shall be exchanged at Washington as soon as possible, and the treaty shall take effect on the date of the exchange of its ratifications. It shall remain in force for five years, dating from the day of exchange of ratifications, and thereafter until terminated by 12 months' written notice given by either high contracting party to the other. In faith whereof the respective plenipotentiaries have signed this treaty in duplicate and have hereunto affixed their seals. Done at Washington the eleventh day of January, in the year of our Lord one thousand nine hundred and nine. And whereas the Senate of the United States by their resolution of March 3, 1909 (two-thirds of the Senators present concurring therein), did advise and consent to the ratification of the said treaty with the following understanding, to wit: Resolved further (as a part of this ratification), That the United States approves this treaty with the understanding that nothing in this treaty shall be construed as affecting or changing any existing territorial or riparian rights in the water, or rights of the owners of lands under water, on either side of the international boundary at the rapids of the St. Mary's River at Sault Ste. Marie in the use of the waters flowing over such lands, subject to the requirements of navigation in boundary waters and of navigation canals, and without prejudice to the existing right of the United States and Canada each to use the waters of the St. Mary's River within its own territory; and, further, that nothing in this treaty shall be construed to interfere with the drainage of wet, swamp, and overflowed lands into streams flowing into boundary waters, and that this interpretation will be mentioned in the ratification of this treaty as conveying the true meaning of the treaty and will, in effect, form part of the treaty. And whereas the said understanding has been accepted by the Government of Great Britain and the ratifications of the two Governments of the said treaty were exchanged in the city of Washington on the 5th day of May, 1910: Now therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said treaty and the said understanding as forming a part thereof to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this thirteenth day of May, in the year of our Lord one thousand nine hundred and ten, and of the independence of the United States of America the one hundred and thirty-fourth. By the President: [SEAL.] P. C. KNOX, Secretary of State. WM. H. TAFT. PROTOCOL OF EXCHANGE, On proceeding to the exchange of the ratifications of the treaty signed at Washington on January 11, 1909, between the United States and Great Britain, relating to boundary waters and questions arising along the boundary between the United States and the Dominion of Canada, the undersigned plenipotentaries, duly authorized thereto by their respective Goverments, hereby de clare that nothing in this treaty shall be construed as affecting or changing any existing territorial or riparian rights in the water, or rights of the owners of lands under water, on either side of the international boundary at the rapids of the St. Mary's River at Sault Ste. Marie in the use of the waters flowing over such lands subject to the requirements of navigation in boundary waters and of navigation canals and without prejudice to the existing right of the United States and Canada each to use the waters of the St. Mary's River within its own territory; and, further, that nothing in this treaty shall be construed to interfere with the drainage of wet, swamp, and overflowed lands into streams flowing into boundary waters, and also that this declaration shall be deemed to have equal force and effect as the treaty itself and to form an integral part thereto. The exchange of ratifications then took place in the usual form. In witness whereof they have signed the present protocol of exchange and have affixed their seals thereto. Done at Washington this 5th day of May, 1910. [H. R. 7694, Sixty-second Congress, first session. In the House of Representatives, April 27, 1911. Mr. Simmons introduced the following bill, which was referred to the committee on Foreign Affairs and ordered to be printed.] A BILL To give effect to the fifth article of the treaty between the United States and Great Britain, signed January 11, 1909. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no water shall be diverted from the Niagara River above the Falls of Niagara within the State of New York for power purposes without the written consent of the Secretary of War, who is hereby authorized to give such consent, by revocable permits, to persons, companies, or corporations having authority from the said State to make such diversions, and to a total amount not exceeding in the aggregate the amount allowed by the treaty between the United States and Great Britain, signed at Washington on the 11th day of January in the year 1909: Provided, That no such permit shall be granted allowing diversions of water exceeding in the aggregate 15,600 cubic feet per second without the consent of the State of New York and of the commissioners on the part of the United States in the international joint commission provided for by said treaty. Every diversion of water in violation of the foregoing provisions shall be a misdemeanor punishable by a fine not exceeding $2,500, or by imprisonment not exceeding one year, or both, in the discretion of the court. The Secretary of War shall make regulations for preventing the diversion of water from the Niagara River above the Falls of Niagara in excess of the amounts consented to by him pursuant to the said treaty and to this act, and all permits for the diversion of water granted under the act entitled "An act for the control and regulation of the waters of Niagara River, for the preservation of Niagara Falls, and for other purposes," approved June 29, 1906, shall continue in force until revoked by the Secretary of War or superseded by other permits issued by him. INDEX. Abbott, Rev. Dr. Lyman, telegram favoring extension of Burton Act...... Additional allowance. (See Diversion.) Additional diversion. (See Diversion.) Alexander bill: Gave additional diversion to then producing companies (Scovell).. New York Senate, resolution on (Scovell)... Reference to (Greene).. Reference to hearings on (Bowen)... River and Harbor Committee, deferred action on (Scovell). Aluminum Co., capital and stock bonus (Spencer). Amendment suggested to Senator Root (Scovell). Amendments proposed to Simmons bill (Bowen). American and Canadian Power Cos., equitable position of both (Brown Sum- mary).. American Civic Association: Approval of and cooperation in its work (Watrous).. Believes in experts; its wide range of work (Watrous). Letter of, to Chairman Sulzer.. Membership and objects (Watrous). Membership of Watrous.. No disposition to interfere with investments (McFarland). Officers, names of...... Resolution of (McFarland). Salaries of officers (Watrous). What it is and does, paper Why it did not oppose ratification of treaty (McFarland). Page. 288 152 154 153 94 118 153 182, 184 157 116, 117, 118 334 171 176 369 .387 169, 170 328 263 374 257 328 169 256 292, 293 258 251, 252 252 87 32, 33 28 57 182 183 42 112 21 161 256 4 213 61 160 336-338 401 American companies: Personnel of directors and stockholders identical (Hammond) Political standing unknown (Hammond). . American corporation, capital and cost of plants, bond issue, stock earnings, American Niagara Power Co. (Sawyer). Americans, probability of locating in Canada (Scovell). American Scenic & Historical Association, statement on hehalf of (Hall). American side: Benefits from power development (Simmons)... Effect of diversion on (Brown) Diversion on, report of international waterways commission on. No additional horsepower on (Scovell) Price for power produced on (Brown-Summary).. |