711.4215 Air Pollution/57
The Minister in Canada (Phillips) to the Secretary of State
Ottawa, April 26,
1928.
[Received May 1.]
No. 375Sir: Referring to the Department’s instruction
No. 177, of March 12, 1928, in regard to the complaint of property
owners in the State of Washington about damages to their properties from
fumes emitted
[Page 84]
by the plant of
the Consolidated Smelting and Mining Company of Canada, at Trail,
British Columbia, and to the Legation’s telegram No. 78, April 26, 1
p.m.,54 I have the
honor to transmit herewith enclosed copy of a note dated April 25, 1928,
from the Department of External Affairs.
It will be observed from the enclosure that the Canadian Government is
prepared, in pursuance of Article 9 of the Treaty of 1909, to join in a
reference to the International Joint Commission to determine the extent
of injury of the property and to submit a report as to how adequate
compensation may be provided.
The Canadian Government, it will be noted, will be further prepared to
adopt the suggestion that it should designate a scientist to confer with
a scientist to be designated by the Government of the United States to
prepare the exact terms of reference.
I have [etc.]
For the Minister:
H. Dorset
Newson
Secretary of
Legation[Enclosure]
The Canadian Secretary of State for External
Affairs (Mackenzie
King) to the American
Minister (Phillips)
Sir: I have the honour to acknowledge your
note of March 16th, 1928, in regard to the complaint of property
owners in the State of Washington of damage to their properties from
fumes emitted by the plant of the Consolidated Smelting and Mining
Company of Canada at Trail, British Columbia.
I observe that it is considered that the conclusions set forth in the
report from the Government of British Columbia, which was
transmitted to you on the 24th February, 1928,55 cannot be accepted
by the Government of the United States as a basis of adjustment
without further enquiry, and that the information contained in the
report in question does not conform exactly to that furnished the
Department of State from other sources. It is also noted that the
Government of the United States does not consider that it has been
demonstrated that the purchase of land or easements by the
Consolidated Smelting and Mining Company, as to which the laws of
the State of Washington impose difficulties, is essential to any
final adjustment of the difficulty, though no alternative method of
providing compensation is indicated.
In view of the difference of opinion as to the extent and importance
of the damages said to be involved, the Canadian Government agrees
[Page 85]
that it is desirable to
have an impartial investigation. It would therefore be prepared, in
pursuance of Article 9 of the Boundary Waters Treaty of 1909, to
join in a reference to the International Joint Commission,
requesting the Commission to determine the extent, if any, to which
properties in the State of Washington have been injured or destroyed
as the result of the drift of fumes from the works of the
Consolidated Smelting and Mining Company at Trail, and to submit a
report giving their findings and recommendations as to how adequate
compensation may be provided for such damages as are
established.
The Canadian Government will be further prepared to adopt the
suggestion that it should designate a scientist to confer with a
scientist to be designated by the Government of the United States to
prepare the exact terms of reference.
I have [etc.]
For the Secretary of State for External Affairs:
O. D. Skelton
