Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-01-01
S5,ODO,ODO LOSS
LAID TO SHELTER
0. S.-Canada Farley to Take
Up Claims for Alleged
Crop Blight.
BY FREDERIC WILLIAM VILE.

One of the Strangest border contro-
first of its kind in the annals of the
United StateS-will come before the In
ternational Joint Commission at Wash
ington on January Is. It involves dis
pute between this country and the Do
minion of Canada over damage caused to
American farms in the State of Wash
ington by a Canadian ore Smelter sew
eral miles north of the international
line. AS result of sulphur gas gen.
Grated by the Smelter's operations farm
crops have suffered damage over dis
tance of nearly so miles this side of the
border. Some 300 land owners, con-
sisting mainly of homesteaders, have
brought claims for alleged damages, ag-
gregating roundly $4,000 900. The
United States is stoutly defending the
Americans rights.
Canada will send to Washington for
the forthcoming executive session Of
the International Joint Commission the
three distinguished juristS, who repre-
sent the Dominion on that judicial
body. They are Charles A. Magrath
chairman of the Canadian section; Sir
William H. Hearst. K. C. M. c., and
George w. Kyle. K. c. Mr.. Magrath
has been chairman of the Hydroelec-
trio Power Commission of Ontario since
1925. Once upon time he represented
the famous Medicine Hat constituency
in the Canadian House of Commons at
Ottawa. He is well known in WASH
ington, through having attended many
sessions of the International Joint Com
mission here, Sir William Hearst Is q
former prime minister of Ontario, head
Of leading law firm In Toronto, and
an authority on lands, forests and
mines. Mr.. Kyle, the third member of
the Canadian Commission, is a Nova
Scotian, and has long been an influen-
tial figure in Canadian parliamentary
life.
Nature of Dispute Is Unusual.
The members of the American Sec
ton of the International Joint Com
mission are former Gov. John H. Bart
lett of New Hampshire, one-time as
sistant postmaster general, chairman;
and former United States Senators P.
j. McCumber of North Dakota (of
Fordney- McCumber tariff fame), and
A. o. Stanley of Kentucky.
The Joint Commission has been
wrestling with the smelter damage case
for two years. 1t is one Of the most
between the two governments since
the formation of the commission under
a treaty made in 1910. The nature of
the dispute is altogether unusual. 1t
springs from the fact that one of the
largest ore smelling establishments in
the world, known as the Consolidated
Smelling & Refining Co. is situated in
the small town of Trail. British Co
lumbia, about miles north Of the
boundary line on the Columbia River.
This Smelter reduces copper, silver,
gold and lead from the ore with which
British Columbia IS richly endowed.
The smelling process necessarily creates
q sulphur gas. These gases are carried
down the mountain ordered valley of
the Columbia River for many miles into
the American State of Washington.
Experts of both countries have been
testing these fumes and experimenting
on the damage which they are admitted
to be doing to forestry and agricultural
crops.
Commission Sits as Court.
While the 1910 treaty imposes upon
the International Joint Commission for
its primal jurisdiction the duty of
settling matters relating to joint water
ways, the treaty permits Canada and
the United States to refer other issues
to 1t. In this way, by consent Of both
governments, the Trail smelter case is
before the commission. The commits
Bull c4Go 90 q SOuLtS dAlO AlOb cS q III
national arbitrating board.
1t is essentially fact-finding body.
On the basis of its findings of fact in
the border case herein described, a
treaty of adjustment" is hoped for.
When Prime Minister Ramsay Mac
Donald of Great Britain was in this
country year ago, he revealed lively
interest in the workings of the inter-
national joint commission and its
power for peace-keeping along the
great Canadian-American unfortified
frontier. Mr.. Macdonald expressed
the view that European, countries with
common borders might well emulate,
the example of Canada and the United
States and set up similar bi-lateral
commissions for settlement of frontier
questions Of exclusive interest to them
selves. The labor chieftain said the
institution of such tribunals might
make an enormous contribution to the
cause of world peace, and of European
peace In particular
Copyright, 193O)