Maritime History of the Great Lakes

Marine Review (Cleveland, OH), 22 Jan 1903, p. 22

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wey river into its water power canal now being constructed at Sault Ste. Marie, Mich., for water power purposes while and so long as such works and diversion of water from said river shall not injuriously affect navigation therein, nor impair or diminish the water levels or any natural increase thereof, either in Lake Superior or in the United States ship-canal and locks of the navigable channels, locks, or ship-canals connected there- with, whether natural or artificial, now existing or which may hereafter be established or created by the United States for navigation purposes. : "And conditioned further, that said company shall establish, maintain and operate suitable and sufficient remedial and con- trolling works in the rapids of said river, to the approval of the secretary. of war and the chief of engineers; and said com- pany shall maintain and operate said canal and works in accord- ance with anv rules and regulations that may hereafter be recommended by any International Commission and that shail become operative. Whenever in the judgment of the secretary of war, the operation of said canal and remedial and controll- ing works, or either of them, either in themselves or in con- junction with any other canal or canals in the United States or Canada' which now or hereafter may exist, is in- juriously _affect- ing water: levels or the navigation of Lake Superior, the River Saint. Mary's: or other channels, locks or ship-canals con- nected therewith as hereinbefore provided, he shail impose upon said company: such - rules and regula- tions for the oper- ation of said canal and.remedial | works, as may, in his opinion, be nec- essary to prevent such injury. It shall become his duty, and he shail have the authority to enter upon the property of said company and to. close said canal in | whole.or in part to the extent neces- sary to maintain Wa t.e.7 _ levels and to. require said company, at his Own ,.expense, to. remove, add to or modify said works or any part therecf to the extent nec- essary. to miain- tain water levels. Neither the secre- tary of war nor: the chief of engin- eers or any officer or other person acting under direc- tion of them or either of them, shall be in anv way liable by reason of any thing done in the execution of this provision. "AIL remedies herein provided, however, shall be cumulative and shall be without prejudice to any other remedies either of the United States or of individuals for failure of said company to maintain said levels for navigation purposes as herein provided. __ "Nothing herein contained shall be held to affect any ex- isting riparian or other rights of any person or corporation or the existing remedies therefor, or any action at law or equity now pending. 'The right is hereby expressly reserved to congress to alter, amend or repeal the provisions contained in this paragraph." During the session of the former congress an agree- ment -was arrived at in conference between the represen- tatives of the Sault Power Co. and a committee of the Lake. Carriers' Association, anda bill was drawn which would protect the interests of navigation, and was also satisfactory to the Power company. As. reported at the last meeting, no steps had been taken on the part of the Power company, to have such bill enacted ~ MARINE REVIEW AND MARINE, RECORD, Capt. A. B. Wolvin. [Jan. 22, into law; although the work of the power company at the Sault was proceeding in the meantime. While the river and harbor bill was still pending in committee the suggestion came that the bill agreed upon as afore- said might be enacted as apart of the river and_har- bor bill. Your representatives therefore went to Wash- ington, and there met. the consul and representatives of the Sault Power Co. A bill was. proposed by the Sault power people which, in Mr. Goulder's judgment, did not adequately protect the transportation interests, and there were several pro- tracted conferences. between the different interests for the pur- pose of considering a compromise measure. fo Your president and secretary had been in Washington for some time before the president called for a meeting of the special committee. The members who responded to the cail were Messrs. F. J. Firth, A. B. Wolvin, W. C. Farrington, James -Corrigan, Howard L, Shaw and Edward Smith. Your commit- tee met at the New Willard hotel in Washington on Mar. 15, 1902, and considered the measure proposed by the counsel for the Sault Power Co., and were advised by Mr. Goulder. Your counsel took the position that he would not advise any measure which did not pro- vide and make it a condition pre- cedent that "any rights granted the Sault Power Co. should fail to be of. no' effect 'M1. case the depth of water should be unfav- orably affected: In the various con- ferences with the Sault Power inter- ests such 'proposi- tion was main- tained, and finally after several days of conference the parties | ap- peared before the river and har- bo r committee, and at last practi- cally agreed upon the measure here- inbefore quoted, which became a part of the river and harbor bill. Therefore, the board of managers are now able to report that the Sault Power mat- ter, which h.a-s been pending for several years, and has been of great interest to the Lake Carriers' As- sociation, has been brought to a satis- . factory conclu- sion, and the nav- igation _ interests protected to the utmost possi b le degree. PRIVATE LIGHTING [Lead Pencil Sketch. IN 1902. The system of private lights in the lower Detroit river was maintain- ed during the season by the Lake Carriers' Association as in former years, with the addition of several float lights. Your legislative committee, with the aid of Mr. Burton and Senator McMillan, were able to have inserted in the sundry civil appropriations bill an appropriation of $4,000 to the lighthouse board for the purpose of enabling that board to enter into con- tract for the maintenance of such lights in lower Detroit river. After the passage of the bill your executive officers proposed to contract with the lighthouse board to maintain such lights for the exact amount of the appropriation, $4,000, and such contract was entered into, for maintenance of the lights from July I, 1902, to July 1, 1903, the apprcpriation to be payable in two installments. Reference to the report of the treasurer will show that the installment due Jan. 1, 1903, for $2,000 has been paid. The like contract of the former year was for $3,350, although the actual cost to the association was more than that. It was suggested in the report of last year that the gov- ernment ought to relieve the association from the expense of maintaining its lightship on Southeast shoal, as well as from the expense of maintaining lower Detroit river lights, and for the same reasons. Carrying out this suggestion, your officers sought

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