Omaha daily bee., 1911-02-18
DIX ON WATERWAYS BILLS
Governor of New York Criticizes Bill
Pending in Congress.
ONE AFFECTS THE ERIE CANAL
Measure to Regulate Power Plaats AZ
Niagara Falls Interferes with
Authority of state to Com
troll own Affairs.


ALBANY. N. y. Feb. 17.--Governor Dix
today transmitted to the legislature letters
which he had written to Representative
d. S. Alexander. chairman OF ne house com
mitee on rivers and harbors, and Senator
Frye chairman Of the senate COMMITTEES on
commerce The first letter treats of the
bill known as the Alexander power BILL
relating to the use of hydraulic power of
the Niagara river. now before the house
committee OF which Mr.. Alexander is chair
man The letter disputes the jurisdiction
Of the federal government in the matter OF
the disposition of Erie canal surplus water
and says:
"The Erie canal lies wholly within this
state and was built at the sole expense Of
New York with the acquiescence OF the
federal congress at the time and it has
since been maintained at vast expense TO
this state. but with great benefit to the
country at large, Assuming but not con-
cedIng that congress as against the state
could now justly interfere and place limit
on the amount Of water from the Niagara
river to feed 10 the Erie canal, neverthe-
less. such water having once entered the
cana. passes into an artificial channel
wholly within the state and within its nat
ural jurisdiction"
am Might Permit Monopoly.
The governor takes the ground that under
the Alexander bill. If a combination or in
terest between the present users at Mag
ara Falls already has, or shall hereafter
occur, the whole of the 10000 cubic fest
per second authorized by the treaty of May
1S. 1910, with Great Britain, could be
granted to a single user or to a eombina-
ton OF users
I'm my opinion" the governor continues,
the Alexander bill should be so amended
as TO prevent a monopoly in the product
Of the power affected to remove unneces-
sary restrictions on the number OF those
persons or corporations located on sites
available for use of power and which may
desire to share in its use and so as to
leave New York state with the sole and
undisputed jurisdiction to control the use
OF Erie canal waters at all points within
It's own boundaries The question Of the
transmission Of power originating in the
natural waters OF the state OF New York
TO points without the state 10 he preiu-
dice Of New York and perhaps the preiu-
dice OF United States we'll. suggests
itself"
oliver BiIi Criticized,
The letter 70 Senator Frye relates to the
bin introduced by Senator Oliver OF Penn
syivania. which carries congressional APP
/ provsi OF hydraulic development IN the
, ST Lawrence river by the Long sault
! Development company. chartered on May
/ q 1901 By the legislature OF New York
In my opinion" Governor Dix wrote
! 'the pending bill fails TO cover properly
1 the interests ofnavigation. While sur.
vey OF that parttof the channel TO be at
fected Is provided for IN the bin. the sur
! vey should, I'm my opinion be made prior
] 20 final action by congress- Official APP
proval OF the secretary Of war and, X pos
sible by the Dominion, or other necessary
authorities Of any specific plans for con.
! struction work should be secured before
4 instead OF after final action by congress.
: and / would suggest that procedure In
place Of the course proposed by the bill
''The possession by this company Of en-
ormous powers defined In the act of the
: state legislature would embrace both the
state and federal authorities IN nesot.a-
! tions with our Canadian neiEhhors con-
/ cernlng this matter and embarrass efforts
I to conserve the interests OF navigation and
( of other property owners, whose hGdlngz
! would DE- Within the reach of The im-
I pounded flood waters anil Ice Of chs great
river"