The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-05-16
Two Sorts Of Preservation at Niagara,

Two Sorts of Preservation ut Niagara.
The Committee On Rivers and Harbors,
through a subcommittee, is now con
cerned with the practical work Of shap-
ing legislation 80 as to follow as far as
possible the recommendations OF tho
International Waterways Commission
for the preservation of the scenic beauty
Of Niagara Falls and at the same time
insure the preservation of the rights and
invested capital of those who in good
faith and under definite contracts with
the State have been using Niagara water
for power within the limit Of impair
ment to the cataract.
The latter side Of the business Of pres
ervation is coming to be recognized as
not less important than the other.
At a hearing before tho Committee
on Rivers and Harbors the other day
Colonel ERNST, the chairman OF the
International Waterways Commission,
stated the general purpose of that body
in recommending the allowance Of 50, BOO
cubic feet per second on the Canadian
side and $500 cubic feet per second on
the American side, besides 10000 cubic
feet per second for the Chicago Drain
age Canal, a diversion which has to be
taken care of in the Niagara reckoning.
Colonel ERNST said:
" The theory was that we want to stop the diver
sion where It Is, ] mean practically where 10 10, 10
allow these works which have invested % many
millions OF dollars, 90 that the stopping Of them
now would practically destroy their entire enter
pnses. with very little difference in damage now
from what It would be II they were completed
TO stop them where they are"
Then Colonel ERNST went on to speak
Of the case of the Niagara Falls Power
Company, the recognized pioneer there.
He corrected the Waterways Commits
sion's previous statement that the actual
investment Of this company was only
50 5000, 900 in its power plant; the figures
should be $13, 900, 900, besides the $7,0o0,-
600 or So, OOO, 900 in other industries estab-
lished on its land and dependent upon
it's activities. Under the franchise OF
this company II has a vested right to
take ate opposite the two miles Of
river front which it owns in fee to an
extent sufficient to produce 200, 900 horse
power, equivalent altogether to an in
take Of about 1920 feet per second.
This recognized right Of this single
power company is nearly equal to the
whole of the proposed allowance for
the American side. The Niagara Falls
Power Company's existing tunnel di-
verts 5000 cubic feet per second. The
second tunnel, for the additional 5000
cubic feet to which the company has a
right, is planned and a mortgage is issued
on the basis of its construction. Colonel
ERNST of the Waterways Commission
seems to recognize this right up to the
full 1900 cubic feet, for in speaking Of
what would happen if the company were
deprived of it he said to the Rivers and
Harbors Committee:
They would have a claim OF damages. and you
ought to understand that"
Later in his testimony:
Mr.. ALHKANpER-Is It not a fact that the NJ
agara Power Company on the American side, tax
Ing now $500 cubic feet per second. ~diverting $500
moro water with a second tunnel-that II. too, has
gone so far that for practical purposes the outlay
has begun. and to stop that tunnel now would de-
phve them OF q great dealt
Colonel ERRsr-It would deprive thcm Of DER.
tain rights which | cannot estimate; ] do not know
what they are. They have the right under the
New York franchise. undoubtedly 70 take that
amount OF water"
This case Of one of the corporations
with a prior and acknowledged right to
nearly all the water which the commits
sion proposes to allow to be diverted
on the American side illustrates the
difficulty and delioaoy Of the task now
in the hands of Mr.. BURTON and his
associates. Not only must the Falls be
preserved, but also there must be oon-
siderate justice to those who have pro-
ceeded in good faith and invested enor-
nous sums, beneicially to the people, in
rights well within the limit Of detriment to
the Falls. Their rights and Investments.