New-York tribune., 1906-04-12
BURTON'S NIAGARA BILL
Plan for Preserving the Falls Has
the Presidents ApprouaI.
IRON The rrlonne Rureau.l


Washington, April IA definite proposition for
legislation by Congress for the preservation of
Niagara Falls submitted with President Roose-
velts approval 10 the House to-day by Representa-
tive Burton. OF Ohio. chairman of the Committee
on Rivers and Harbors Mr. Burton's bill, pre-
pared after careful consideration OF the legal prob
lens involved. prohibits the diversion of water
from Niagara River, in the of New York.
except on revocable permits, TO be granted by the
Secretary of War. 1t provides that this prohbi-
uon shall not apply to the granting 81 permits
for domestic or for such diversion Of the
water may, in the judgment of the Secretary Of
War, be required for the Erie Canal for purposes
of navigation. The Secretary of War is authorized
to grant these revoCabe permits for the diversion
Of water from Niagara River for the creation of
power only to individuals, companies or corpora
tions which actually producing power from
said water (Niagara River), and to them only to
the amount actually in by such ndivid-
uals, companies or corporations"
third section of the bill prohibits the transmits
sion into the United States from the Dominion OF
Canada of electrical power generated from the
waters Of Niagara Falls except TO the amount now
brought into the United States from Canada. 1t
authorizes and directs the Secretary of War 10 as
certain this amount and to make regulations limit
ing the further admission of power.
Punishment for violation of such rules regula-
tions as the Secretary of War may make is fixed at
fine Of not exceeding $500, less than $780, or
b. Imprisonment dn the case of naturalized per-
SOM, not exceeding one year, by bOth Such pun
ishments in the discretion of the court. And,
further the removal of any structures in violation
of the act used for diversion Of waters or trans
mission of power may be enforced by the order of
the Circuit Court exercising jurisdiction in the dis
trict where the violation occurred. The President
authorized TO promote the interests of the bill
under the following section:
That the President be requested TO take such
action as he may deem necessary, either through
ordinary diplomatic channels, by the members OF
the International Waterways Commission appointed
in pursuance Of the River and Harbor act of 1892.
ana acting IN conjunction with the members of the
said commission representing the Dominion of Can
moving over Niagara rams, ana FOR the aoopLlon
ot proper regulatos 10 preserve the said cataract
as near as may be in its natural condition
The provisions of the act are TO remain in force
for three years but nothing contained therein is
held to establish confirm any rights heretofore
claimed or exercised in the diversion of water or
the transmission of power
1t is expected that the bill, while under consid-
Grafton by the Committee Rivers and Harbors,
will call for exhaustive hearings. in which the large
number of power companies operating from the
waters tributary Niagara Falls will be repre-
sented. That Mr.. Burton is determined 10 push
the bill with all due promptness IS indicated in the
fact that a hearing has already been arranged for
Tomorrow r. r. Mccormick, president of the
Chicago Drainage Canal, and Isham Randolph an
engineer, will then appear before the committee
They Will followed by the officers Of other power
companies affected Monday. The Chicago Drain
age Canal people opposed TO the recommended
tions Of the International Waterways Commits
sion that the diversion of the waters of Niagara
River above the falls should be restricted to 2,5Oo
cubic feet a second and that the canal should not
be allowed divert than 10 900 feet, which is
the limit set by the commission for this particular
object
Mr.. Mccormick will argue before the committee
that 10 meet the needs the city of Chicago the
amount of water entering into the drainage canal
from Lake Michigan must be at least 1900 cubic
feet a second. 1000 cubic feet in excess Of the
limit fixed by the commission. Members of the
Rivers and Harbors Committee believe that they
will have 70 wrestle with many complicated en-
gineering problems the exact amount of water
that might be taken of the Niagara River with
out affecting the falls. They will depend largely,
however on the Information furnished them as a
result Of the Investigations of the Internatlonat
Waterways Commission. and with these hgures az
reach some definite report and recommends tions-3o
be submitted to the House at an early date