711.4215 Air Pollution/525A: Telegram

The Acting Secretary of State to the Minister in Canada (Robbins)

63. For Metzger. On June 1 Department advised Raftis46 that you could probably obtain at once agreement as drafted provided 350 thousand is accepted; that Senator Dill thought that course was preferable to indefinite postponement of arbitration which it is hoped would result in requiring complete abatement of the nuisance; and that Representative Hill is doubtful about expediency of the course indicated. Raftis was requested to telegraph whether he insisted on the view he had heretofore expressed. The Department has received the following telegram in reply:

“Regarding telegram today. Sentiment here strongly opposes acceptance of award without assurance of abatement of nuisance. Injury from fumes should first cease and then damages assessed to time of stoppage. If no abatement different rule applies and 350 thousand grossly inadequate. Questions of abatements and damage should be decided together with abatement paramount. Acceptance of 1931 award with nuisance still continuing and no assurance now of adequate abatement closes door on injured property owners. Award presupposed elimination or great reduction of nuisance. We concur in Congressman Hill’s view and cannot accept that of Canadians.”

In view of Raftis’ telegram Department feels that unless you can secure agreement on abatement of nuisance, you should refuse to accept Article 1 as originally drafted.

Phillips
  1. John T. Raftis, Colville, Washington, representing a number of claimants; telegram not printed.