Mr. FLOOD. We bring over 160,000 horsepower. Who brings that over now?

Mr. SIMMONS. The Niagara Falls Power Co. and Niagara, Lockport & Ontario Co.

My bill would also raise the limitation as to the diversion of water from the Niagara River below the Falls and make it possible for Congress hereafter to grant permits that this great natural energy should be utilized if in the wisdom of Congress it seems desirable to have it done.

There is certainly nothing in connection with the entire proposition under consideration which is a greater injustice than to have a law upon our statute books designed solely for the purpose of preserving Niagara Falls and yet controlling waters which have no connection whatever with the Falls of the Niagara.

A MEMBER. Does the public-service commission fix the price of the power that the corporations take? Do they fix the price? That is, do the power companies pay anything? Or is there any revenue coming to the State of New York or the General Government? Mr. SIMMONS. No; there is none.

[H. R. 7694, Sixty-second Congress, First Session.]

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.

The CHAIRMAN. The committee will now hear from Representative Charles B. Smith, who has a bill before the committee-No. 6746. The Smith bill reads as follows:

[H. R. 6746, Sixty-second Congress, first session.]

A BILL To give effect to the fifth article of the treaty between the United States and Canada, 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 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 consent, by revocable permits, to the making of such diversions to a total amount not exceeding in the aggregate the amount allowed

by the treaty between the the United States and Great Britain of January 11, 1909: Provided, That 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 and effect to the recipients thereof and their respective successors until revoked by the Secretary of War or superseded by other permits issued by him: Provided further, That any permit for such diversion of water in excess of a daily diversion at the rate of 15,600 cubic feet of water per second shall only be made to the State of New York, with full power and authority to said State to make such grant or grants of the use thereof as it may determine to be for the public interest: Provided further, That no one individual, company, or corporation shall be permitted to divert under any permit or permits granted under the authority of said act of June 29, 1906, water exceeding in the aggregate a daily diversion at the rate of 8,600 cubic feet per second.

SEC. 2. That no person, company, or corporation shall transmit from the Dominion of Canada into the United States electrical power developed from the use of the waters of the Niagara River in excess of the amount so transmitted by such person, company, or corporation on or before May 13, 1910, the date of proclamation of said treaty, without the written consent of the Secretary of War, who is hereby authorized to give consent for such transmission of additional electrical power by revocable permit, to contain an express condition that the person, company, or corporation receiving or operating under such permit shall not directly or indirectly, through any subsidiary company or otherwise, charge or receive for any such additional electrical power so transmitted within the United States a higher price than is charged or received by such person, company, or corporation, or any allied or subsidiary company, under like or substantially similar circumstances, within the Dominion of Canada for electrical power developed from said waters, and that such condition in respect of price shall be by the terms of such permit made specifically enforceable in and by any State within which such electrical power so developed within the Dominon of Canada shall be transmitted.

SEC. 3. That any person, company, or corporation diverting water from the said Niagara River or its tributaries, or transmitting electrical power into the United States from Canada, except as herein stated, or violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding $2,500 nor less than $500, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court: Provided, That the removal of any structures or parts of structures erected in violation of this act, or any construction incidental to or used for such diversion of water or transmission of power as is herein prohibited, as well as any diversion of water or transmission of power in violation hereof, may be enforced or enjoined at the suit of the United States by any circuit court having jurisdiction in any district in which the same may be located, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

SEC. 4. That the provisions of this act shall remain in force and effect during the life of said treaty.

SEC. 5. That for accomplishing the purposes detailed in this act the sum of $10,000, or so much thereof as may be necessary, is hereby appropriated from any moneys in the Treasury not otherwise appropriated.

SEC. 6. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Mr. SHARP. Mr. Smith, has the amount of the diversion been fixed by a treaty?

Mr. SMITH. Yes, sir; it is 20,000 feet on the American side and 36,000 feet on the Canadian side.

Mr. SHARP. Now, has there been some legislation by this Government?

Mr. SMITH. That legislation was prior to the establishment of the treaty. I want to say, Mr. Chairman, that I do not desire to go into the merits of the legislation now. My main purpose in addressing the committee was to place in the record the Burton Act and also the treaty with Great Britain.

The CHAIRMAN. There being no objection, the reporter will incorporate in the record the treaty between the United States and Great Britain and the Burton Act and the resolution extending the same, the joint resolution of the House, No. 262, approved March 3, 1909.

THE BURTON LAW.

Public, No. 367.]

An Act For the control and regulation of the waters of Niagara River, for the preservavation of Niagara Falls, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the diversion of water from Niagara River or its tributaries, in the State of New York, is hereby prohibited, except with the consent of the Secretary of War as hereinafter authorized in section two of this act: Provided, That this prohibition shall not be interpreted as forbidding the diversion of the waters of the Great Lakes or of Niagara River for sanitary or domestic purposes, or for navigation, the amount of which may be fixed from time to time by the Congress of the United States, or by the Secretary of War of the United States under its direction.

SEC. 2. That the Secretary of War hereby authorized to grant permits for the diversion of water in the United States from said Niagara River or its tributaries for the creation of power to individuals, companies, or corporations which are now actually producing power from the waters of said river, or its tributaries, in the State of New York, or from the Erie Canal; also permits for the transmission of power from the Dominion of Canada into the United States, to companies legally authorized therefor, both for diversion and transmission, as hereinafter stated, but permits for diversion shall be issued only to the individuals, companies, or corporations as aforesaid, and only to the amount now actually in use or contracted to be used in factories the buildings for which are now in process of construction, not exceeding to any one individual, company, or corporation as aforesaid a maximum amount of eight thousand six hundred cubic feet per second, and not exceeding to all individuals, companies, or corporations as aforesaid an aggregate amount of fifteen thousand six hundred cubic feet per second; but no revocable permits shall be issued by the said Secretary under the provisions hereafter set forth for the diversion of additional amounts of water from the said river or its tributaries until the approximate amount for which permits may be issued as above, to wit, fifteen thousand six hundred cubic feet per second, shall for a period of not less than six months have been diverted from the waters of said river or its tributaries, in the State of New York: Provided, That the said Secretary, subject to the provisions of section five of this act, under the limitations relating to time above set forth, is hereby authorized to grant revocable permits, from time to time, to such individuals, companies, or corporations, or their assigns, for the diversion of additional amounts of water from the said river or its tributaries to such amount, of any, as, in connection with the amount diverted on the Canadian side, shall not injure or interfere with the navigable capacity of said river, or its integrity and proper volume as a boundary stream, or the scenic grandeur of Niagara Falls; and that the quantity of electrical power which may by permits be allowed to be transmitted from the Dominion of Canada into the United States shall be one hundred and sixty thousand horsepower: Provided further, That the Secretary, subject to the provisions of section five of this act, may issue revocable permits for the transmission of additional electrical power so generated in Canada, but in no event shall the amount included in such permits, together with the said one hundred and sixty thousand horsepower and the amount generated and used in Canada, exceed three hundred and fifty thousand horsepower: Provided always, That the provisions herein permitting diversions and fixing the aggregate horsepower herein permitted to be transmitted into the United States, as aforesaid, are intended as a limitation on the authority of the Secretary of War, and shall in no wise be construed as a direction to said Secretary to issue permits, and the Secretary of War shall make regulations preventing or limiting the diversion of water and the admission of electrical power as herein stated: and the permits for the transmission of electrical power issued by the Secretary of War may specify the persons, companies, or corporations by whom the same shall be transmitted, and the persons, companies, or corporations to whom the same shall be delivered.

SEC. 3. That any person, company, or corporation diverting water from the said Niagara River or its tributaries, or transmitting electrical power into the

United States from Canada, except as herein stated, or violating any of the provisions of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding two thousand five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the, court. And, further, the removal of any structures or parts of structures erected in violation of this act, or any construction incidental to or used for such diversion of water or transmission of power as is herein prohibited, as well as any diversion of water or transmission of power in violation hereof, may be enforced or enjoined at the suit of the United States by any circuit court having jurisdiction in any district in which the same may be located, and proper proceedings to this end may be instituted under the direction of the Attorney General of the United States.

SEC. 4. That the President of the United States is respectfully requested to open negotiations with the Government of Great Britain for the purpose of effectually providing by suitable treaty with said Government, for such regulation and control of the waters of Niagara River and its tributaries as will preserve the scenic grandeur of Niagara Falls and of the rapids in said river.

SEC. 5. That the provisions of this act shall remain in force for three years from and after date of its passage, at the expiration of which time all permits granted hereunder by the Secretary of War shall terminate unless sooner revoked, and the Secretary of War is hereby authorized to revoke any or all permits granted by him by authority of this act, and nothing herein contained shall be held to confirm, establish, or confer any rights heretofore claimed or exercised in the diversion of water or the transmission of power.

SEC. 6. That for accomplishing the purposes detailed in this act the sum of fifty thousand dollars, or so much thereof as may be necessary, is hereby appropriated from any moneys in the Treasury not otherwise appropriated.

SEC. 7. That the right to alter, amend, or repeal this act is hereby expressly reserved.

Approved, June 29, 1906.

House joint resolution 262, extending the operation of an act for the control and regulation of the waters of Niagara River, for the preservation of Niagara Falls, and for other purposes.

Whereas the provisions of 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 twenty-ninth, nineteen hundred and six, will expire by limitation on June twenty-ninth, nineteen hundred and nine; and Whereas a date for the termination of the operation of said act was provided therein, but with a view to the more permanent settlement of the questions involved by a treaty with Great Britain, and by further legislation appropriate to the situation, and such treaty not having been negotiated, it is desirable that the provisions of said act should be continued until such permanent settlement can be made: Therefore, be it

Resolved, etc., That the provisions of the aforesaid act be, and they are hereby, extended for two years from June twenty-ninth, nineteen hundred and nine, being the date of the expiration of the operation of said act, save in so far as any portion thereof may be found inapplicable or already complied with. Approved, March 3, 1909.

TREATY SERIES, NO. 548-TREATY BETWEEN THE UNITED STATES AND GREAT BRITAINBOUNDARY WATERS BETWEEN THE UNITED STATES AND CANADA.

Signed at Washington January 11, 1909.

Ratification advised by the Senate March 3, 1909.

Ratified by the President April 1, 1910.

Ratified by Great Britain March 31, 1910.

Ratifications exchanged at Washington May 5, 1910.
Proclaimed May 13, 1910.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a treaty between the United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British

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, dominions beyond the seas, Emperor of India, to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending , between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, was concluded and signed by their respective plenipotentiaries at Washington on the eleventh day of January, one thousand nine hundred and nine, the original of which treaty is, word for word, as follows:

The United States of America and His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British dominions beyond the seas, Emperor of India, being equally desirous to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise, have resolved to conclude a treaty in furtherance of these ends, and for that purpose have appointed as their respective plenipotentiaries:

The President of the United States of America, Elihu Root, Secretary of State of the United States; and

His Britannic Majesty, the Right Honorable James Bryce, O, M., his ambassador extraordinary and plenipotentiary at Washington.

Who, after having communicated to one another their full powers, found in good and due form, have agreed upon the following articles:

PRELIMINARY ARTICLE.

For the purposes of this treaty boundary waters are defined as the waters from main shore to main shore of the lakes and rivers and connecting waterways or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms. and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary.

ARTICLE I.

The high contracting parties agree that the navigation of all navigable boundary waters shall forever continue free and open for the purposes of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally, subject, however, to any laws and regulations of either country, within its own territory, not inconsistent with such privilege of free navigation and applying equally and without discrimination to the inhabitants, ships, vessels, and boats of both countries.

It is further agreed that so long as this treaty shall remain in force this same right of navigation shall extend to the waters of Lake Michigan and to all canals connecting boundary waters and now existing or which may hereafter be constructed on either side of the line. Either of the high contracting parties may adopt rules and regulations governing the use of such canals within its own territory and may charge tolls for the use thereof, but all such rules and regulations and all tolls charged shall apply alike to the subjects of citizens of the high contracting parties and the ships, vessels, and boats of both of the high contracting parties, and they shall be placed on terms of equality in the use thereof.

ARTICLE II.

Each of the high contracting parties reserves to itself or to the several State governments on the one side and the Dominion or Provincial Governments on the other, as the case may be, subject to any treaty provisions now existing with respect thereto, the exclusive jurisdiction and control over the use and diversion, whether temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary waters; but it is agreed that any interference with or diversion from their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injury took place in the country where such diversion or interference