Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-26
DECLINED TO LISTEN
Secretary Taft Would Not Per-
nit Reflection on Engineers.
INTERRUPTED AN ARGUMENT
Hearing in Regard to Diversion Of
Niagara's Waters.
INTERPRETING THE STATUTE
President Mcfarland of the American
Civic Association Criticised the
Course of Capt. Kutz.
INTERPRETING THE STATUTE

Secretary Taft of the War Department
this morning declined to listen to any re-
Elections upon the integrity of the Corps of
Army Engineers and by emphatic inter-
ruption changed the course of arguments
being made to him by ]. Horace McFar-
land, president of the American Civic AS
ISOLATION of Philadelphia in opposition to
the diversion of waters from the Niagara
river for the creation of power and for the
transmission of power from Canada to the
United States.
Mr.. Mcfarland had found fault with
statements alleged to have been made by
Capt. Charles w. Kutz of the Corps of
Engineers, who investigated for the War
Department the application of persons and
corporations for permits to divert water
for power. He said he felt a little nervous,
as an American citizen, that Capt. Kutz
should have gone so far into lie economics
of the question and of the pr ofits necessary
to the corporations having made invest
mentS.
Stopped by the Secretary.
He got no further than that, for Secre-
tary Taft, in heated interruption that he
himself termed 'impatience," declared that
I'VE may well understand each other
now" He said that Capt. Kutz had inves-
tigated according to instructions and that
the Corps of Engineers of the Army was
too high body of men to be the object of
suspicion. The Secretary defended the re-
port, and Mr.. Mcfarland FASTENED to say
that with the report itself he found no
fault, but that it was because of a news
paper interview with Capt. Kutz that he
had complained.
The Secretary replied that he had not
time to consider newspaper interviews. but
hn al Ne 1t
treated In an atmosphere of justice, not in
an atmosphere Of hysteria, nor an atmo-
sphere of corporate greed. Capt. -Kutz he
said. had made the only kind Of report
Explaining his meaning of the term n.y.
sterta. the Secretary said he regarded
everything as hSsteriraf which Was not
founded on fact. =
land asserted that he had only become en-
thustastic OF historical when the Secretary
had "teased 1t OUT of him.
"Oh, II 1t was only the result Of teasing
then let us say no more about It," replied
secretary Taft, laughingly.
Interpreting the Statute.
That closed the incident, but thereafter
during the presentation of his brief Mr..
Mcfarland was kept close to an interpreta-
ton of the statute permitting the Secretary
to authorize the diversion of 1900 cubic
feet of water per second from the flow over
the falls He had attempted to make an
argument based upon Lie view the people
took OF the duty of the Secretary of War
under the law passed for the preservation
Of the scenic grandeur of the Niagara
rails, but Secretary Taft said pointedly
that he could not see what popular senti-
ment had to do with the construction of a
statute that had been passed
Continuing, Mr.. Mcfarland argued that
the law itself authorized the Secretary of
War to preserve the grandeur of the fails
and he was not compelled to issue permits
to the volume of diversion of water ner-
mitted by the law.
He favored the Withholding Of the per-
m1tS and the passage Of an act appropriat
ing money to reimburse corporations for
the outlay that had been made by them in
anticipation of privileges of using bower
from the Niagara either by a diversion Of
water for their personal use or TRANSMITS
sion OF power from Canada.
Present at the Hearing.
In addition to the officers Of the Amer
lean Civic Association. the following were
present to protest against the diversion OF
waters from the falls to the amount that
the grandeur would be interfered with.
F. w. Stevens. representing special COM
mittee of the New York Chamber of Com
merce; F. B. de Berard. representing the
New York Merchants Association; A. X.
Potter, a member Of the Niagara reserya-
ton commission; H. E. Gregory. repre-
senting the American Scenic and Historic
Preservation Society, and Dr. John NJ.
Clarke, state geologist Of New York.
Mr.. Clinton r. Woodruff. acting secre-
tary of the American Civic Association, re-
inforced the argument of Mr.. Mcfarland
against the diversion of an excess of water
from the Niagara river.
Associations Circulars Contradicted.
During his remarks Secretary Taft took
occasion to criticise the circulars issued by
the association. He took particular excep-
ton to the statement made in the circu-
lars that the War Department intended to
divert from the Niagara river a volume Of
water equaling the outflow OF the Potomac,
Hudson and Delaware rivers at their
mouths. He declared that that statement
was not true and said the fact Is that 1t
is intended to divert only about 6, 8 or 10
per cent Of the total volume OF the Niagara
river.
IT do not think" said he, that public
opinion solicited on such arguments
amounts to very much"
Mr. Mcfarland, the author Of the circu-
lars, defended them by saying that his
statement about the three rivers mentioned
referred only to the fresh water outflow
and not that affected by the tides.
At this point recess was taken until 2:30
O'Clock. The afternoon session was de-
Il L.