Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-03
TO SAVE THE FALLS
CHAIRMAN BURTON SUBMITS RE-
PORT ON HIS BILL.
Future Permits for the Use of Waters
of the Niagara River Revocable
After Three Years.

Chairman Burton of the House rivers and
haroors committee yesterday submitted his
report upon the bill to protect Niagara
Fails After detailing what has been done
In the way of taking water from the river
ana the negotiations regarding the preser-
Valon OF the falls. the report says:
1ne committee regards the jurisdiction OF
lne United states over Niagara river as I'M
questionable. because IL Is navigable
stream IN the greater part of its length
ana although the waters in some portfons
are not navigabie by reason of fails and
rapids, the control of such portions is es-
sentiai TO its adequate maintenance for
purposes OF navigation. Jurisdiction Is
more especially manifest because il il a
boundary stream. 1t is the duty and re-
spohsipiIity or any country TO provide for
the defense of It's borders By the Consff-
tuition or the United States Congress may
provide for the common defense Under
Inese circumstances 1t is the undoubted
right, as well as the duty of the law-mak-
ING power, 10 exercise control over this
stream, which forms the boundary line be-
tween the United States and Canada
should Congress decide that In those nor
uohs where rapids exist or where naviga-
uon exists the water should flow I'm it's
present condition, without depletion or di-
version, IL would seem that no judicial or
other authority could review it's action in
the premises
IL is matter OF some surprise that the
companies which have proceeded 10 divert
eiLe waters OF the river under the authority
OF the state of New York have never an
pealed TO Congress or to the federal gov
eminent to confirm the authority granted
oy that state. 1t is thought best by the
committee that this authority should now
be exerted. not merely for the preservation
or the scenic grandeur Of Niagara Falls
out Tor the maintenance of naViga ton and
the proper control of the river as bound
airy stream; nevertheless IL must be recog-
nfzed that the companies which have OBJ
talned franchises from the state OF New
YORK. In view of the very large expend-
lures which they have made have certain
equities which must be respected
In the bill presented a very large re-
sponslpillty is imposed upon the Secretary
of war. This course has been maturely
considered and has seemed desirable he
cause the question of impairment of the
scenic beauty of the cataract and of the in
reference with navgability or the lnteg-
rlty of Niagara river as a boundary stream
is largely one of hydraulic engineering
The bill authorizes:
The issuance Of permits to individuals
companies or corporations already using
water to the extent to which water is now
being used.
The issuance of further permits. both
for the diversion of water on the side OF
the United States and for the transmission
OF electricity created by water power from
the Canadian side; this, however in all
cases, with the Limitation that such permits
shall not impair the scenic grandeur of
Niagara Falls. the navigability Of Niagara
or It's integrity as boundary stream.
The President OF the United States is
requested to open negotiations with the
government of Great Britain for the pur-
pose of effectually providing by suitable
treaty, such regulations and control OF
the waters OF Niagara river and its tribu-
taries as Will preserve the scenic grandeur
of Niagara Falls and of the rapids of the
said river.
"All permits to be granted under the bill
are revocable with three years by the Sec
rotary of War, and shall in any event term
inate at the expiration OF three years"