New-York tribune., 1906-06-03
NIAGARA FALLS BILL.
MEASURE LIKELY TO PASS.
House Committee Reports One to
Restrict DiUersion of Water.
frrom TIE Tribune Bureau.

washington,
pension OF the rules will consider on Monday
a special bill for the preservation Of Niagara
Falls This measure reported unanimously
by the Committee on Rivers and Harbors to-
DAY 1t provides for regulating the diversion of
water from Niagara River or its tributaries in
the state Of New York. under constitutional au-
thority for protecting the navigability Of streams
and for national defence. 1t is expected that
the bill will be passed without difficulty.
The bill authorizes. first. the issuance of per-
mits TO individuals. companies corporations
already using water authorizing its diversion to
tie extent TO which at is now being used; second.
the issuance of further permits both for the
diversion Of water on the American side and for
the transmission of electricity created by water
power from the Canadian side. this. however,
in all ses, with the limitation that such per-
Inits shall not impair the scenic grandeur OF
Niagara Falls. the navigability of Niagara or
its integrity as boundary stream.
Permits are to be issued by the Secretary OF
War and the quantity of electrical power which
may. by permits be allowed to be transmitted
from the Dominion of Canada into the United
States shall be 10000 horsepower. The further
provision is made that the Secretary may issue
revocable permits for the transmission OF addl-
tional power so generated in Canada but IN no
case shall the amount authorized in the permits
together with the said 10000 horsepower ana
the amount generated and used in Canada eX-
ceed 10000 horsepower. The act is to remain
in force Tor three years. and $4,000 is appro-
priated for its administration.
REPORT IN THE BILL.
Chairman Burtons report says in part:
The committee regards the jurisdiction Of the
able because it is navgable stream in the greater
part Of its length, and although the waters IN some
rapids, the control Of such portions is essential 10
iion JaTisdiction is more especially manifest be-
il is a boundary stream. II is the duty ana
fente of its borders BY the Constitution of the
United States Congress may provide Tor the COM
Under these circumstances it is the undoubted
10 exercise control over this stream which forms
the boundary line between ne tmteq states @ ana ana
Canada. Should congress oeclde that IN these por-
rions where rapids exist or where navigation ex-
without GeTietion or diversion It would seem that
judicial or other authority could review its ac-
prise that the companies which nave proceeded to
81 The STATE of New York have never appealed TO
Congress or TO the federal government TO confirm
best ny the committee that the federal authority
should BE exeI led not merely for the preserya-
the maintenance Of navigation and the proper con-
less il must be recognized that the companies
which have obtained franchises from the State of
which they have made, have certain equities which
At the beginning OF the development OF water
power at Niagara Falls no account seems TO have
been taken Of the possible danger TO the cataract
The diversion OF water was commended as an in
dustrial endeavor Of material benefit TO the cOun-
try While there are no doubt many VINO regret
mat this diversion was ever commenced. il Is i'm
has occurred, without injustice 10 those who have
undertaken i. At the same time II IS the opinion
etrued with strictness: that no permits should be
issued by the federal government for the diversion
of water, either for that now in which may
hereafter be used, except with the right of
The Anal settlement Of the question Of the
amount Of water which may be taken from Niagara
nature and the result Of Diplomatic negotiations 20
ae embodied IN a treaty Il is however. very de-
enacted 70 prevent the further depletion or diver
basis for diplomatic action.
LARGE POWERS FOR SECRETARY.
IN the bill presented very large responsibility
has been maturely considered and has seemed de-
sirable, because the question of rnparrnerf of he
gnce with nayigab'lity OF the integrity Of Niagara
E.stI Is boundary stream is largely one OF
nSaraulc engineering. It cannot be determined
irai NM glall''g ot water can be drawn without the
Fals. nor can il be determined to what eTfent
such diversion viii interfere with the navga6tv
e.s tIs . stIly o. ne stream as stated II is ex-
-.4L ms MS autnQTlty viii be exercised by the
in order 20 exercise jurisdiction in such man
eoessr 70 ey 'ii' rs & ne &26jeet Of the bill it Is
acToh % 30 as VI enable him TO restrict quantity
canadian side have been for the most pa-+ Iargei
naae 6E capital OF citizens Of the United States
ana Win the manifest intention Of transmitting 2
power 10 ne used I'm the United STATES II uroIIii
not oe snfclsnt # tie Secretary should take into
account merely the diversion on the American ef5e
because those who were refused PERMITS 10 a.4st'
hsh works here. might after refusal irnuedia+a
proceed 10 the otAer side OF the river with the in
!entloh ether OF utilizing power already provided
Nc oI .reaatlg power by further diversions
section OF the bill requests the President Of Tho
United States 10 open negotiations with the gov.
erninenf OF Great Britain for the purpose of efac+
ually providing. by suitable treaty with ssi6 90
eminent, Tor such regulations and control oT tEa
waters Of Niagara River and its tributaries as will
preserve me scenic grandeur Of Niagara Falls and
of the rapids OF said river. Il hoped that sncb
action may be taken by diplomatic negotiatiore az
VII bring an early settlement Of the DrohIer1 and
secure the preservation Of Niagara Falls and the
proper regimen Of the river. both for nayisation
and frontier stream e'1'oLi
Al permits to be granted under the bill are bv
Secuon . revoca5le within three years nv the Sec-
FelaIy OF Var and snail in any event terminate al