Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-01-18

thest navigafble point on that side and is
returned to the river below the falls above
it's navigable point on that side. the equai
and free rights in the stream as a navigable
waterway Of the great lakes system which
were assured by the ordinances of 1lSI, are
not at all imperiled. Nevertheless. l think
that the character Of Niagara Falls as one
of the greatest natural wonders, It's situa-
ton in boundary river on the frontier OF
a foreign country. it's undoubted historical
relation as a national possession and COM
mon heritage-all these elements In the case
would fully justify you in proposing, through
the ordinary diplomatic channels, the con-
sideration Of this subject by the two gov
ernments Immediately concerned. 1t may
be that the subject can be effectively con-
sidered by the two governments without the
formal appointment Of a commission and
in conclusion he suggests that a SATISFACTORY
result might be reached by extending the
authority Of the existing waterways COM
mission.
Legal Rights in the Matter.
The President called attention to the sub
ject in his message, and expressed the hope
that something might be done to protect
the falls, but did not make any specific rec
ommendation. This brought to Washington
a committee from the Merchants Associa-
ton Of New York for a consultation with
him. They suggested the Introduction of
vent any further DETACHMENT of the natural
scenery, but before doing so they asked
the President to request the Attorney Cen
eral to define exactly the relations OF the
United States and the state of New York
regarding the falls in order that they
might proceed intelligently. The President
again referred the subject to the Depart
ment of Justice, and Mr.. Moody. under
date of December 49, wrote that:
There can be little question that the
state of New York has the immediate In
terests, rights and powers in the premises.
What the proper deEmitauon Is between
the state and the nation, and the nation
and nelghboring power, Is matter Tor
study, negotiation and judicial exposition.
The international aspect OF the question is
how the two governments can act In con-
cert to prevent injury to the natural won
der, rather than what the delimltation OF
jurisdiction between them is, The latter
point is, of course, well settled by estab-
lished rules as to boundary waters ana
carried into practice by actual agreements
and surveys.
may, however, mention the fact that
the members of the American section OF
the international waterways commission
have urged that no further corporate rights
or franchises be granted or renewed by
either federal, state or provincial author-
ity for the use of the waters OF the Niagara
river for power or other purposes untli tne
commission Is able to report fully upon the
conditions and uses Of those waters to the
respective governments of the United States
and Canada
The Attorney General then cites certain
decisions Of the courts bearing upon the
nature of the Niagara river as navigable
or boundary water.
Taken Up With Great Britain.
Secretary Root then took up the matter
with the British ambassador, and suggest
ed to him that the two governments join
in instructions to the waterways commits
sion to make an investigation and report
upon:
l. The present withdrawal Of water.
g. The extent to which 1t can be per-
mitted in the future.
g. What laws or regulations are neces-
say or will be effective to prevent the de-
struction or serious impairment of the falls.
Sir Mortimer Durand. the British ambas-
sador promptly referred Secretary Roots
suggestions to the priyy council OF Can
ada. and the minister of public works at
Ottawa, with equal pronlptness. replied that
the waterways commission is at present
studying the subject and expects soon to
be able to make a report with recommends
lions for regulations which will prevent the
destruction of Niagara Falls by the use Of
it's waters for manufacturing.
Gen. Ernst. chairman OF the waterways
commission, now has the subject under con-
sideration. He says that very little can be
done until the question of jurisdiction is
determined That matter has never been
fairly before the courts. but he believes
that state Jurisdiction is doubtful and that
the Supreme Court would decide In favor
Of federal jurisdiction If the question ever
came squareiy before 1t. The situation in
Canada is precisely the same. The pro-
vincial authorities of Ontario now have
control, but he believes that the courts
would recognize the full authority Of the
Dominion government.
The Whole World Interested.
Gen. Ernst says that the legislatures of
New York and Ontario, although reserving
parks in the immediate vicinity of the falls
and keeping them In excellent condition
have, at the same time. been very liberal
in granting franchises which already carry
with them the control of one-fourth, or
perhaps one-third of the water that goes
over the falls, and will absorb large part
of both banks OF the river. This will make
Niagara falls a manufacturing center in
stead of a scenic spectacle and pleasure re-
sort, result which Is greatly to be de-
plored, because 1t Is undoubtedly, with Fer
hapS the one exception OF the Grand can
yon Of the Colorado, the most sublime and
beautiful of all the works of nature. The
preservation of the falls and the gorge be-
low and the banks of the river above are
matters of universal interest 1t Is not
merely the people of the immediate vicinity
or of this nation or of the Dominion of
Canada that are interested In this preser-
walton, but all the civilized world will de-
mand 1t. Hence 1t Is perfectly natural that
societies should be organized and that
public agitation should occur. The spec
tacle does not belong to any legislature or
to any nation, but to all mankind
Gen. Ernst has not made any recommen-
dation thus far. The commission OF which
he is chairman will report. In accordance
with the suggestion Of Secretary Root, but.
before any practical results can be obtained
1t must be determined whether the state or
the nation Is responsible. It IL probable that
the simplest way to protect the falls is for
either the federal government or the state
government on this side and the dominion
or the provincial government on the other
to buy strips OF land on either side OF the
river ana extend the present reservations
and parks for several miles above the falls
and below, beyond the whirlpool and as far
as the end OF the gorge
Every afternoon between and g o'clock
twenty-five men with two hundred and
ATTY or moro boys deliver The Star to the
homes Of the people OF washington. This
Il the reason why there are mora than a