Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-17
Says State Has Jurisdiction
Over Erie Canal Waters.
NEW YORK PAID THE BILLS
He Thinks. Therefore, Government
Should Keep Hands OFF.
WRITES CONGRESS CHAIRMEN
Letters to Senator Frye and Repre-
sentative Alexander Given to
the Legislature.

ALBANY, y. ". February l1.-tior. piX
today transmitted Ia the Legislature let
ters which he had written TO Representa-
tive u. =. Alexander. chairman Of tie
house committee on rivers and haIbors.
and Senator Frye, chairman of the SEN
ate committee on commerce. The INST
letter treats of the bill known as the Al
exander power bin relating To the use or
hydraulic power of the Niagara river.
now before the house committee OF which
Mr.. Alexander is chairman. The letter
disputes the jurisdiction of the federal
government I'm the matter OF the DISPOSE
ton of the 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 ii
has since been maintained at vast en-
pense to this state. but with great benefit
to the country at large.
Within States Jurisdiction.
Assuming but not conceding that Con-
gress as against the state could now
justly interfere and place limit upon
the amount of water from the Niagara
river to feed the Erie canal, nevertheless
such water having once entered the canal
passes into an artificial channel wholly
within the state and within its natural
Jurisdiction"
The governor takes the ground that
under the Alexander bill If conserva-
ton Of interest between the present users
at Niagara Falls already has, or shall
hereafter occur, the whole Of the .6.0m
cubic feet per second authorized by the
treaty OF May Is. 1910. with Great
Il nN~ ~ A<.A ,.~,f..
user or to a combination OF users"
I'm my opinion" the governor continues.
1.-The Alexander bill should be so amended
as to prevent monopoly In the product
of the power affected, to remove unneces-
sary restrictions upon the number OF
those persons or corpora tions located
upon 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 jurisdic-
ton to control the use Of Erie canal wa
tiers at all points within her own boun-
daries. The question Of the transmission
Of power originating In the natural wa.
tiers OF the state OF New York to points
without the state. to the prejudice OF New
York and perhaps to the prejudice Of the
United States as well. suggests ITSELF"
The letter to Senator Frye relates to
the bill introduced by Senator Oliver 0f
Pennsylvania, which carries congressional
approval OF hydraulic development In thS
Development Company, chartered NO.
q. 1907. by the legislature OF New Y0ek,
Would Have Survey First
In my opinion" Gov. DIX wrota stAs
pending bill fails to cover properly the
interests Of navigation. While q sur.
vey Of that part OF the channel to be
affected IL provided for in the bill and
the survey should, In my opinion. bS
made prior to final action by Congress,
Official approval by the Secretary of War,
and il possible by the dominion or other
necessary authorities. OF any specific
plans for construction work should Do
secured before instead OF after final &c.
ton by Congress and L would suggest
that procedure in place of the course
proposed by the bill.
The possession by this company of
the enormous powers defined in the act
OF the state legislature would embrace
both the state and federal authorities i'm
negotiations with our Canadian neigh
bors concerning this matter and en-
barass efforts to conserve the interests
of navigation and of other property own
ers whose holdings would lie within the
reach OF the impounded flood waters and
Ice Of this great river