hereafter arise, on streams of an international character." A similar resolution was adopted at Albuquerque the following year.

In 1896 the government of Canada passed an Order in Council embodying the principles of these resolutions, and took up with the United States government, through the British Embassy at Washington, the question of the establishment. of an international commission. The government was not, however, prepared to go on with the matter at that time, and it was not until 1902 that by concurrent legislation the two governments created what was known as the International Waterways Commission, which must not, however, be confused with the International Joint Commission.

The Waterways Commission, which consisted of six members, three representing the United States and three representing Canada, was purely an investigating body, without any final jurisdiction.

During the commission's existence, it has disposed of a number of important questions involving the use of boundary waters, and has investigated others. Some of these questions have involved the interests of the state, others of municipalities, and still others of corporations and individuals. They touched such vital issues as public health, sanitation, and water supply; their decision affected the interests of millions of people on both sides of the frontier, and were an important factor in investments running into hundreds of millions of dollars. All of these cases have been heard, whenever possible, at the location of the proposed works and every one interested, great or small, has been given the fullest opportunity to present his evidence.

Opportunities for further useful work on the part of this commission continue to develop. When the people generally and their representatives are informed of and understand the jurisdiction and functions of the commission and the motives actuating the two governments in creating this link between the two countries, then indeed will its highest purposes be attained, and its decisions and recommendations have their greatest force through an appreciation by the public of the possibilities of settling international disputes by peaceful means.

The Waterways Commission submitted a number of valuable reports to the two governments, as a result of which 'the latter entered into negotiations culminating in the Treaty of January 11, 1909, ratified and proclaimed by the United States in 19101 and by Canada in 1911.

Under the provisions of article VII of this treaty the International Joint Commission was established, composed of six commissioners, three on the part of the United States appointed by the President thereof, and three on the part of the United Kingdom appointed by His Majesty on the recommendation of the Governor in Council of the Dominion of Canada.

3. Treaty of 1909

(a) Defines boundary waters as the "waters from main shore to main shore of the lakes and rivers and connecting waterways, or the portions thereof, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, 136 Stat. 2448.

rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary."

Boundary waters, therefore, include the international portions of the St. Croix and St. John rivers, between the state of Maine and the province of New Brunswick; the St. Lawrence river, from Cornwall to Kingston; Lake Ontario, Niagara river, Lake Erie, Detroit river, Lake St. Clair, St. Clair river, Lake Huron, St. Mary's river, Lake Superior, the series of small rivers and lakes from Lake Superior over the height of land to Rainy Lake, Rainy Lake, Rainy river, and the Lake of the Woods, to that minute but very controversial point in diplomatic history, the northwest point of the Northwest Angle Inlet of the Lake of the Woods.

There are three exceptions to "boundary waters" as defined by the treaty: (1) Tributary waters, which in their natural channels would flow into such lakes, rivers, and waterways as the Seneca, Genesee, and Sandusky, on the United States side, and the Grand, Thames, and Michipicoten, on the Canadian side; (2) waters flowing from such lakes, rivers and waterways, as the Winnipeg, lower St. Lawrence, and lower St. John; (3) waters of rivers flowing across the boundary, such as the Richelieu, Red, Souris, St. Mary, Milk, Columbia, and Kootenay.

(b) Article I of the treaty provides that "the navigation of all navigable boundary waters shall forever continue free and open for the purposes of commerce to the inhabitants and to the ships, vessels, and boats of both countries equally," subject to the laws and regulations of either country not inconsistent with the privilege of free navigation. And it is further agreed that "so long as this treaty shall remain in force, this same right of navigation shall extend to the waters of Lake Michigan and to all canals connecting boundary waters, and now existing or which may hereafter be constructed on either side of the line." The right is reserved to either country to adopt rules and regulations governing the use of its canals, and to charge tolls for the use thereof, so long as these apply equally to the citizens and vessels of both countries. Absolute equality, of use is the governing principle of this article.

It is a debatable point among geographers whether or not Lake Michigan comes within the definition of boundary waters, as a "bay, arm or inlet" of Lake Huron; but it seems clear from the language of article I that that is not the intention of the treaty, as the navigation of Lake Michigan is granted to Canada "so long as this treaty shall remain in force," as an additional privilege to the "navigation of all navigable boundary waters," which has no limitation as to time.

The provisions of article I include the United States and Canadian canals at Sault Ste. Marie, the Welland Canal, the St. Lawrence river canals above the point where the international boundary strikes the river, and some smaller artificial waterways. They exclude such canals as the Erie on the United States side and the Rideau on the Canadian side, which do not connect boundary waters.

(c) By article II each of the High Contracting Parties reserves its national jurisdiction and control over the use and diversion of waters flowing across the boundary or into boundary waters; but it is provided that "any interference with or diversion from their natural channel of such waters on either side of

CHAPTER 91

INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND MEXICO

1. Mission

This commission was created to carry out the provisions of certain conventions or treaties 1 between the United States and Mexico, and has exclusive jurisdiction of all differences or questions arising on boundary between the two countries from the Gulf of Mexico to the Pacific Ocean, about 1,300 miles along the Rio Grande, 25 miles along the Colorado river, and about 680 miles overland between El Paso and the Pacific. The commission has authority to suspend the construction of any works along the portions of the Rio Grande and Colorado rivers that form the boundary between the two countries, which construction may be deemed, by the commission, such as is prohibited by treaty stipulations; 2 to make surveys; to define and eliminate certain "bancos"; 3 to erect monuments to mark the boundary; to mark the mid-channel point by monuments on international bridges.*

3

In pursuance of these powers the commission may call for papers of information in regard to boundary matters from either country; hold meetings at any point questions may arise; summon witnesses and take testimony in accordance with the rules of the courts of the respective countries. Agreements of the commissioners upon a decision are binding upon both governments, unless one of them disapproves it within one month from the date the decision is pronounced.

2. Organization

The commission consists of an American Section and a Mexican Section. (1) American Section, with offices in First National Bank Building, El Paso, Texas, is composed of:

(a) Commissioner.

(b) Consulting Engineer.

(c) Secretary and Disbursing Officer.

(d) Assistant Secretary and Translator.

(e) Assistant Engineer.

(f) Surveyor.

(g) Draftsman.

(2) Mexican Section, with offices in Sauer Building, Juarez, Mexico (address P. O. Box 14, El Paso, Tex.), is composed of:

(a) Commissioner.

(b) Consulting Engineer.

1 Treaties of 1848 (9 Stat. 922); 1853 (10 Stat. 1031); 1882 (22 Stat. 986); 1884 (23

Stat. 806); 1889 (26 Stat. 1493); and 1905 (35 Stat. 1863).

2 Article V, Convention of March 1, 1889 (26 Stat. 1493).

3 Article III, Convention of March 20, 1905 (35 Stat. 1863).

4 Article IV, Convention of November 12, 1884 (23 Stat. 806).

(c) First Engineer.

(d) Secretary.

(e) Assistant Secretary and Translator.

(f) Two Surveyors.

(g) Draftsman.

(h) Stenographer.

3. Rules and Regulations

Article I. Neither the Engineers nor the Secretaries shall have the right to vote on any question at issue, but the Engineers, when requested by their respective Commissioners, shall furnish any information or report, either verbally or in writing regarding any question at issue, which reports shall be recorded in the journal, either briefly or in detail. But where their reports are too extended, or comprise maps and plans, they will be submitted in duplicate for filing and reference in the journal, in which case the report shall bear the number of the case to which it refers.

Article II.—The Joint Commission shall keep a journal of all its proceedings in duplicate (one copy for each Commission), each copy in both English and 'Spanish, and the proceedings of each meeting or session shall be duly signed by both Commissioners and attested by their Secretaries, each Secretary keeping one of the two journals.

Article III. The record shall embrace everything material that occurs at each meeting.

Article IV. The final decision in each case shall be made in duplicate and in both languages, duly signed by both Commissioners, and attested by their Secretaries, one copy to be forwarded to each government within three days after signing.

Article V. The cases will be presented alternately by both Commissioners, except when one side only has cases to submit.

Article VI. If the examination made by the Commissioners, or by their Engineers, is not considered sufficient to come to an intelligent decision, the Commissioners may ask testimonial or documentary evidence, appointing sufficient time in each case, taking distance into consideration.

Article VII. The testimony of witnesses shall be taken according to the laws of their respective countries.

Article VIII. The witness may be examined, not only by the Commissioner who brings him, but by the other one, on all matters pertinent to the general investigation.

Article IX. The evidence furnished by the witnesses shall be included in the journal of the day on which they are examined, briefly or in detail, if either of the Commissioners so desire, according to article III of these Regulations.

Article X.-In each case, where it shall be determined that the river has separated from the true boundary line, the two points of separation and a sufficient number of intermediate points shall be marked by suitable monuments to identify said boundary line.

Article XI. The annotations on the maps as indicated in article IV of the Convention of March 1, 1889, shall be authorized by the Commissioners of both

countries.

Article XII. After approval of these regulations by both governments, the Commissioners shall notify the proper local authorities of their respective nations of the organization of the Commission, calling their attention to articles IV and V of the Convention of March 1, 1889.

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