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and to provide for the issue of subpoenas and for compelling the attendance of witnesses in proceedings before the commission. The commission may adopt such rules of procedure as shall be in accordance with justice and equity, and may make such examination in person and through agents or employees as may be deemed advisable,

Permanent offices, each in charge of a Secretary, are maintained in Ottawa and Washington. The American Section is housed at the Old Land Office Building, Washington, D. C. 5. Publications

(a) International Joint Commission; Organization, Jurisdiction and Operation, 1924, obtainable from the Secretary. 6. Admission of Attorneys There are no requirements for admission to practice before the commission.

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CHAPTER 90

INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES,

ALASKA, AND CANADA 1. Mission

To define, mark, and maintain the boundary between the United States and Canada, except on the Great Lakes and St. Lawrence river, and to maintain the boundary between the United States and Canada and between Alaska and Canada. 2. History

The convention of January 24, 1903,1 between the United States and Great Britain, provided for the settlement of questions between the two countries with respect to the boundary line between Alaska and British possessions in North America.

Provision was made by the Treaty of April 21, 1906,2 for the appointment by each government of one commissioner, with whom may be associated such surveyors, astronomers, and other assistants as each government may elect.

The Treaty of April 11, 1908,9 stipulated that each of the High Contracting Parties appoint an expert geographer or surveyor as commissioner. This was the basis for the creation of the present commission. 3. Activities

(a) The Treaty of 1903 provided that the experts appointed to the Boundary Commission proceed "with all convenient speed” to lay down the boundary line in conformity with the decision rendered by the tribunal created by said treaty.1 This referred to the boundary between southeastern Alaska and British Columbia, 893 miles in length.

(b) The personnel provided for service on the commission by said Treaty of 1906, were required to locate the boundary line, erect the necessary boundary marks, make the necessary surveys, and file duplicate records thereof with their respective governments, in the matter of the boundary between Alaska and Canada along the 141st meridian, length 647 miles.?

(c) Said Treaty of 1908, by articles I to VIII, inclusive, provided that the commissioners appointed jointly execute the necessary surveys, repair existing boundary marks, erect additional boundary marks, and lay down a boundary line between the United States and Canada, from the Atlantic to the Pacific, except where the boundary is defined by the Great Lakes and the St. Lawrence river, in accordance with existing treaties, upon quadruplicate sets of accurate modern charts, and further, that said commissioners prepare, in duplicate, and file with each government a joint report, or reports, describing in detail the course of the boundary so marked by them, and the character and location of the several monuments and boundary marks and ranges marking it.

1 32 Stat. 1961. 2 34 Stat. 2948, pt. 3. 335 Stat. 2003.

(d) A treaty between the United States and His Britannic Majesty, signed at Washington February 24, 1925, stipulates that the contracting parties, in order to provide for the maintenance of an effective boundary line between the United States and the Dominion of Canada and between Alaska and the Dominion of Canada, as established or to be established, and for the determination of the location of any point thereof, which may become necessary in the settlement of any question that may arise between the two governments hereby agree that the commissioners appointed under the provisions of the Treaty of April: 11, 1908, are hereby jointly empowered and directed to inspect the various sections of the boundary line between the United States and the Dominion of Canada and between Alaska and the Dominion of Canada at such times as they shall deem necessary; to repair all damaged monuments and buoys as they shall deem desirable ; to maintain at all times an effective boundary line between the United States and the Dominion of Canada, and between Alaska and the Dominion of Canada, as defined by the present treaty and treaties heretofore concluded, or hereafter to be concluded; and to determine the location of any point of the boundary line which may become necessary in the settlement of any question that may arise between the two governments. 4. Organization I. United States Section. (a) Commissioner for the United States.—Office of the Commission, Coast

and Geodetic Survey Building, Washington, D. C.
(b) Engineer to United States Section of the Commission.

(c) Chief Clerk. II. Canadian Section. (a) Commissioner for Canada, Department of the Interior Building, Ot

tawa, Canada. (b) Engineer.

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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 1910 1 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,

1 36 Stat. 2448.

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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

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