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T H E JOURNAL OF INDl’STRIAL A N D ENGINEERING CHEMISTRY
THE NIAGARA SITUATION AND THE EFFICIENCY OF A DEMOCRACY On Friday, J a n u a r y 19th, President Wilson signed t h e measure giving temporary relief t o t h e industries dependent on power derived f r o m t h e Niagara River. T h e event has unusual significance. F r o m time t o time we are as a people somewhat prone t o criticize t h e slowness of Congress i n enacting much desired legislation. Especially during t h e past two years have we h a d striking illustration of t h e remarkable efficiency resulting from autocratic mandate or from orders-in-council. I n such moods patriotic pride leads us t o seek consolation i n m a n y other unrelated advantages which we enjoy under representative f o r m of government; a n d so we strike t h e balance in our own f a v o r ; yet, after all, with a longing for greater speed in legislation. I s t h e case really so b a d ? When a real emergency arises cqn we n o t enact needed legislation directly and quickly? Confidence in such national efficiency is gained b y t h e recollection of t h e promptness with which Congress appropriated $ ~ O , O O O , O O O for defense at t h e outbreak of t h e war with Spain. Another emergency has recently arisen, a n d again Congress has proved t o t h e country i t s ability t o move rapidly in giving relief. During t h e past year constantly increasing quantities of t h e power developed b y American capital on t h e Canadian side of t h e Niagara River h a v e been t a k e n over b y t h e Canadian Hydro-Electric Commission for Canadian use. This, however, was at t h e expense of t h e important electrochemical industries on t h e American shore which h a d derived much of their needed power from t h e American development on t h e Canadian side of t h e river. M a n y plants were threatened with shut-downs for lack of current, a n d as t h e products of these plants, notably abrasives, carbon electrodes, automobile material, etc., were needed i n factories throughout t h e country, t h e situation became acute. Efforts for relief through t h e W a r Department failed, as t h e present Secretary of W a r ruled t h a t he h a d no authority without specific legislation t o issue permits for increased take-off of water on t h e American side. T h e m a t t e r was not subject t o diplomatic adjustment, as no b a d faith could be imputed t o t h e Canadian authorities. Vnder t h e t r e a t y of 1910 between t h e United States a n d Great Britain, t h e Canadian government h a d t h e right t o t a k e 36,000 cubic feet of water per second, t h e government of t h e United States zo,ooo cubic feet. Pending t h e completion a n d proclamation of this t r e a t y , t h e Burton law, originally enacted in 1906, t o be effectil-e for three years, was re-enacted for a further period of t w o years. Under this act t h e maximum take-off on t h e American side was I j,600 cubic feet per second. Expecting t h e p a s s a g e of general legislation for control of water power use a t Niagara this Burton law was again extended for a two-year period, espiring on March 4, 1913. Since t h a t time nothing has been done in t h e matter of legislation. With t h e aid of t h e W a r Department a resolution was recently drafted giving t h e Secretary of W a r
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authority t o grant temporary relief until July Ist, 1917, u p t o t h e maximum a m o u n t , zo,ooo cubic feet, allowed b y t r e a t y . This joint resolution (S. J. Res. 186) was introduced in t h e Senate on December 19th, 1916, b y Senator Wadsworth of Kew York, a n d immediately referred t o t h e Committee on Foreign Relations. On t h e following day i t was reported favorably b y t h e Committee a n d promptly passed b y t h e Senate. On December zznd t h e resolution was discussed i n t h e House, a n d amended on motion of Chairm a n Flood t o restrict t h e authorization of t h e Secret a r y of W a r t o March 4 t h , 1917, instead of t o July I s t , 1917, as adopted b y t h e Senate. The intervening holidays led t o postponement of final action b y t h e House. On J a n u a r y 4 t h t h e joint resolution was t a k e n u p b y t h e House as t h e unfinished business, a n d was f u r t h e r amended, on motion of Representative M a n n , fixing a penalty charge a t t h e r a t e of $ 1 0 0 per a n n u m for each cubic foot of water diverted daily after t h e d a t e set i n t h e resolution for t h e termination of t h e permit. I n this amended form t h e resolution was passed b y t h e House. Conferees were n a m e d b y b o t h bodies a n d as a result of t h e conference t h e following joint resolution has been adopted b y b o t h t h e Senate a n d t h e House a n d has received t h e signat u r e of t h e President: “Resolved by the Senate and House of Representatives of the Cnited States of America in Congress assembled, That the Secretary of War be, and he is hereby, authorized to issue permits, revocable a t will, for the diversion of water in the United States from the ATiagara River above the Falls for the creation of power to individuals, companies, or corporations which are now actually producing power from the waters of said river, in additional quantities which, with present diversions, shall in no case exceed the capacity of the generating machinery of the permittee and tenant companies now installed and ready for operation, nor an amount sufficient to enable the permittee to supply the now existing hydroelectric demands of the individuals, companies, or corporations which said permittee and tenant companies are now supplying, but not in excess of the capacity of power-using appliances of said consumers now installed and ready for operation: Provided, That in no event shall the total quantity of water diverted in the United States from said river above the Falls for power purposes exceed in the aggregate a daily diversion a t the rate of twenty thousand cubic feet per second: A n d provided furthpr, That this resolution shall remain in force until the first day of July, nineteen hundred and seventeen, and no longer, a t the expiration of which time all permits granted hereunder shall terminate, unless sooner revoked; and nothing herein contained shall be held t o confirm, establish, or confer in or upon any such permittee any right in or to the water which he is now diverting or which he may be authorized to divert hereunder. Any such permittee who without further authority of Congress diverts after the time herein named for the expiration of such permit any part of the additional amount of water authorized by Congress to be diverted for the first time under this resolution shall be guilty of a misdemeanor and be punished by a fine not exceeding $ 2 , 0 0 0 nor less than $jOO, or by imprisonment not exceeding one year nor less than thirty days, or both, in the discretion of the court; and each and every day on which such violation occurs or is committed shall be deemed a separate offense: Provided, That where such violation is charged against the company or corporate body, the offense shall be taken and deemed to be that of any director, officer, agent, or employee of such company or corporate body ordering, directing, or permitting the same.”
