water on the Canadian side of the river, as well as to erect structures and dig a tunnel. But for this grant or concession they have exacted what would seem to be a somewhat insufficient and inadequate compensation.

The Commissioners are not informed whether such action on the part of the Ontario authorites has met with public approval on the Canadian side. But whether or not the Canadian people approve of the eventual injury to the Queen Victoria Park and the diminution of the flow at the Falls, they can at least commend their commissioners for having the sagacity to secure for the rights granted at least some remuneration.

But whether compensation is exacted or not, such diversions are likely to work injury to the Falls, and the time may come when the great spectacle, unequalled as it is and so famous not in this country only, but throughout the civilized world, will cease to be an attraction.

If the State of New York and the Province of Ontario fail to interpose for the protection of the great cataract from threatened injury, the question arises whether protection can not be insured by the intervention of the governments of the two nations whose territories are bounded by these rivers.

There is no doubt that the Niagara, though a tideless river, and one in which navigation is interrupted by rapids and falls, is a public and navigable stream or watercourse, a watercourse that carries the discharges of the four great lakes into the fifth. Again, the Niagara is an international boundary stream. Through it runs the imaginary boundary line that separates the United States from the Dominion of Canada. This fact and the fact

that it is a public navigable stream, secure to the federal gov ernment jurisdiction over its waters, either to prevent excessive diversions on the Canadian side, or to enter into relations with the Government of Great Britain, in order to effect, by treaty or convention, the preservation of the Falls of Niagara. The Niagara, on the American side of the boundary line, is subject to the control of Congress and to the admiralty jurisdiction of the United States courts under the Constitution.

The right to control the waters of a river which is a boundary line between two countries, belongs to both countries. This right is incidental to sovereignty. The withdrawal of excessive quan. tities of water by one country would naturally give rise to complaint from the other. Should Canada or Ontario authorize or permit the diversion of a sufficient quantity of the water of the upper Niagara to inflict injury upon the opposite bank, or the riparian owners thereof, it would be incumbent upon the federal government to remonstrate and prevent it. The State of New York, it need hardly be said, can not enter into negotiations with a foreign power.

While it is true that the State of New York is the owner of the river bed to the boundary line, it can hardly be questioned that the United States, through the executive, in the exercise of the treaty-making power appertaining to sovereignty, can enter into an agreement with Great Britain to prevent the further diversion of the water of the upper Niagara.

The cataract being so unique a spectacle, and belonging, one may say, to the human race, the nations within whose boundaries it lies may be regarded as trustees for its protection and preservation, and therefore it becomes obligatory upon them to see

to it that private corporations shall not be permitted to diminish

its grandeur.

If the United States and Great Britain refuse to interpose, there is nothing to prevent the State of New York and the Province of Ontario from drawing off so much of the water of the upper Niagara as to make the cataract practicably disappear.

But inasmuch as natural objects of great fame and dignity are now regarded by enlightened people as entitled to governmental protection, and States as under an implied trust or obligation to preserve them, for the benefit, instruction and pleasure of the people, it would seem to be the most natural and proper course for the two governments to agree that hereafter the protection required and expected shall be accorded.

Whether or not the diversions authorized, or claimed to be authorized, will have a serious effect upon the cataract, need not be here discussed. So long as the upper river remains beyond the pale of international protection, there is constant danger to the cataract.

If, to cultivated men both in this country and in England, it seemed to be reprehensible for the State of New York and the Province of Ontario to permit the banks and islands of the Niagara, adjacent to the Falls, to remain under private control, with all the concomitant and inevitable defacements, unsightlınesses and injuries to the scenery, what shall be said when they grant away to private corporations the right to divert large volumes of the water of the upper Niagara, and thus lay profane hands upon the great cataract itself?

Surely, here it is an opportunity for the two governments, in the exercise of the power which appertains to them as sovereigns,

to interpose, and as trustees for the people of both countries and for mankind, to decree, that hereafter such diversions shall cease; that the Falls of Niagara shall be preserved in all their natural grandeur, in order that men of all nations may resort thither for edification and delight henceforth and forever.

From Thirteenth Annual Report, February 1, 1897.

The Commissioners desire to impress upon the Legislature the great importance of protecting the Reservation from the insidious designs of corporations and individuals who seek to secure from the Legislature and from the Commissioners rights and privileges at Niagara in direct contravention of the purpose of the State in establishing the Reservation, and in flagrant opposition to the public interests.

While it is true that much has been said on this subject in previous reports, the Commissioners nevertheless feel that, as custodians of the State's property at Niagara, they should do what they can to prevent further attempts on the part of corporate or private interests to get a foothold within the Reservation itself, or to divert for money-making purposes the waters of the Niagara river. Every winter there is the probability that some bill may be introduced at Albany having for its object the granting of a franchise to some corporation proposing to undertake operations at Niagara in opposition to the interests of the people.

The success of one or more corporations in utilizing the water power of the upper Niagara in manufacturing enterprises, or the development of electrical power, has naturally directed the eyes of shrewd and speculative men towards a similar use of the river. It has been pointed out that no less than eight corpora

tions have secured alleged rights to divert the water of the river. In the opinion of the Commissioners the only safe course for the Legislature to pursue is that of invariably refusing to enact all bills that directly or remotely have for their object the diversion of the waters of the upper river, or the entrance into the Reservation of any corporation for private money-making purposes.

In spite of the opposition of the Commissioners, the Legisla ture during the last session passed a bill, entitled "An act confirming and defining certain riparian rights of the Niagara Falls Hydraulic Power and Manufacturing Company.

By this bill," the right of the Niagara Falls Hydraulic Power and Manufacturing Company, to take, draw, use and lease and sell to others to use the waters of the Niagara river, for domestic, municipal, manufacturing, fire and sanitary purposes and to develop power therefrom for its own use and to lease and sell to others to use for manufacturing, heating, lighting and other business purposes is hereby recognized, declared and confirmed."

The quantity of water to be taken by the company is limited by a canal 100 feet in width, and deep enough to carry a maximum uniform depth of 14 feet of water.

With reference to this and other similar measures, it may be said that, simply because certain speculative and manufacturing concerns in Niagara county desire to secure enormous profits from the use of the waters of the Niagara river, there is no valid reason why the State of New York should grant away rights and privileges of immense value without compensation. The Commissioners believe that, in opposing this and other measures having the same object, they represent the best sentiment of the

*Chapter 968, Laws of 1896.