prior to January 1, 1932, should be accepted. The other difficulty was the provision in the draft agreement that the tribunal should have authority to determine whether the nuisance should be abated; and if so, what steps were necessary to abate it, to such an extent that there would no injury in the State of Washington. AMOUNT OF DAMAGES The Canadians were insistent that we accept the $350,000. They did not want to open up the question of damages back to the beginning Our people in Washington are unwilling to accept the $350,000. Senator MCKELLAR. I did not understand you. Mr. METZGER. I am sorry. Our people in the State of Washington are unwilling to accept $350,000. Senator McKELLAR. In full? Mr. METZGER. In settlement to January 1, 1932. Senator MCKELLAR. They are not even willing to accept that? Mr. METZGER. No; and the Canadians were so timid about the other features, about the matter of abatement, that when it came to deciding whether we were going to agree or not agree, they submitted the draft to the attorney for the company at Toronto. Senator DILL. That is the smelting company? Mr. METZGER. The smelting company. Senator MCKELLAR. The smelting company? Mr. METZGER. The smelting company, yes; and the attorney was unwilling to take the responsibility of deciding the matter, so he asked that the representatives of the smelter, the general manager and the attorney for the smelter, come in from trail; and that meant. another week's delay, and I left. I could not wait until they came and had their conferences. Yesterday I was informed that their conferences were finished and that the representatives of the Consolidated had gone back and that we were to expect a new draft of the agreement from Ottawa about the first of next week. Now, what will be in it, what changes have occurred since then, since they have had their conferences, I do not know. Senator MCKELLAR. What is the $20,000 for? INVESTIGATIONS AS TO EXTENT OF DAMAGES Senator DILL. Before you come to that, I would like to give this one other point. As I understand, the Canadian Government has asked the privilege of having men go down there now to investigate just what is happening now, and they have been given permission by the property owners to go on the land to do that; and unless some appropriation is made, all our records as to what is going on will cease on July 1, and it seems very bad that the Canadian Government should have men taking records after July 1 and we should not have any records of our own on that. Mr. METZGER. I would like to supplement that by saying that the Consolidated and the Canadian Government have had representatives in there from the beginning, since 1928, making investigations and collecting data for use in settling this case. They have maintained there 2 machines, 2 automatic recording machines, which automati cally record the concentration of sulphur dioxide that is present in the atmosphere. We have been maintaining three machines. Now, it is almost indispensable in the presentation of the case in any form that we know what the condition of the atmosphere is. Senator DICKINSON. Has there been any disparity in the records, or difference in the records or readings of the machines? Mr. METZGER. We do not know what their records are; and, of course, they do not know what ours are. Senator DILL. Senator McKellar asked what the $20,000 will be used for. Senator MCKELLAR. Yes. afte Mr. METZGER. The $20,000, or whatever amount will be used of the the $20,000, will be used to continue the making of the investigations as they have been in the past. That is, to service these machines and to continue experiments as to the effect of the sulphur dioxide on vegetation in a variety of conditions, and further to collect informa tion throughout the region as to its actual effect on vegetation there. Senator MCKELLAR. Let me ask if there is any community on the Bu American side, or is it simply timber and other vegetation? NUMBER OF CLAIMANTS Mr. METZGER. There are about 64 claimants. Senator DILL. They are all small farmers down along the Columbia River. Senator MCKELLAR. I have seen the effect of these fumes in my own State, and I know what disastrous effects they have. Senator DILL. Let me say also that the Consolidated Co. alsoI do not know that the Canadian Government has done this-the Consolidated has repeatedly been making experiments and has land under lease now and is trying to show that it can produce apples and different hay crops even under these conditions. EXTENT OF DESTRUCTION Senator MCKELLAR. How far does the effect extend? Mr. METZGER. The real injury-injury that can be noticed and found by investigation, by our investigators-extends in 40 miles, down to Marcus, which is about 40 miles from the boundary. Senator ADAMS. Let me ask where the expenses of these investigations that have been made heretofore have been appropriated for? Mr. METZGER. The expenses have been provided for in the Department of State appropriation and the money turned over to the Department of Agriculture. They have been doing the scientific work. Senator HALE. Has that money given out? Mr. METZGER. There will be no money after July 1. Senator MCKELLAR. How long have those appropriations been made? Mr. METZGER. Since 1928. Senator MCKELLAR. How long do you anticipate it will take to come to some agreement? can Mr. METZGER. I hope we can come to an agreement in a very few weeks. Senator MCKELLAR. Suppose that an agreement is reached, then it will not be necessary to spend this money? ARBITRATION Mr. METZGER. Well, if the agreement is reached, it will then be necessary to provide for conducting the arbitration. We will have to have a special appropriation to carry out the agreement, and then after the arbitration is completed-after the case is adjudicated— then we hope that will be the end of it. Senator HALE. You are speaking for the State Department? Senator HALE. Is there any reason why the State Department cannot get an estimate for this? Mr. METZGER. Of course, the State Department had it up with the Budget, and the Budget turned it down. Senator HALE. Then, this is really needed? Mr. METZGER. It is. It is critical. Senator MCKELLAR. I cannot see why all your statement may not be printed in the record. I think it will be advantageous to our Government. Mr. METZGER. It might be all right. I thought that since the matter was under imminent discussion, I thought that perhaps it ought not to go into the record. Senator DILL. I do not see that it makes any difference. It seems to me that it is imperative and that it is necessary to make this expenditure. We have spent this money in the past years to keep these records. Now, we do not want to go ahead without any further records. Senator MCKELLAR. I think that we had better continue them this year. Senator HALE. Unless you could get a Budget estimate, it will not be possible for us to hold this in conference. Senator DILL. You think it will not be? Senator HALE. No. Senator DILL. I thought that perhaps this was a different situation, and that it might be that the House conferees would take a different view if it were presented to them. Senator HALE. Every year we have had something of this kind. Senator HAYDEN. Let me suggest that the Budget estimates were made up months ago. Mr. METZGER. They were made up last August, Senator. Senator HAYDEN. The developments which you present here are quite recent? Mr. METZGER. Yes, sir. Senator HAYDEN. There is one question that I want to ask. Do you have data as to the effects heretofore in other cases of this sulphur dioxide? Mr. METZGER. Yes, sir; we have had the Bureau of Mines men in on this to some extent. We have had the benefit of their advice; and we, of course, have examples of any number of actual cases that have been adjudicated in the past before courts in our own country, in the western part of the country, and especially down here in Tennessee. There was a very similar case in Tennessee on that. The difficulty there was between two States rather than between two governments. Senator MCKELLAR. I am familiar with that case. Mr. METZGER. That case came before the Suprme Court. We have a great deal of material to draw on, aside from these investigations. Of course, you cannot prove a case by resorting to those other cases. Senator DILL. No. Senator DICKINSON. The only question that we have in mind is, if we know the effect of these fumes on vegetation, I do not see the necessity of continuing it. Senator DILL. It is the amount of destruction in that particular area. They claim that it has not done the harm-that it is too far away. You see, we have got to have the proof on that. Senator MCKELLAR. How many men have you got employed on this work? Mr. METZGER. The Department is keeping about three men in the field, and they have been having men work on it at Wenatchie, doing the experimenting; and they have some men here n Washingto working on the material as it comes in, you see. Just the number of men that are working on it, I do not know. STATEMENT OF HON. EDWARD W. GOSS, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CONNECTICUT Mr. Goss. Mr. Chairman and Senators. I have two suggested amendments on this bill. One came up rather suddenly on account of the death of one of the House Members, Mr. Coffin, who, you undoubtedly know, died last night and it has been suggested by the members of the Committee on Military Affairs of House, of which I am a member, and which he was a member, that we include the usual payment to the widow of Thomas C. Coffin, late a Representative from the State of Iadho. That is on page 2, right after line 2. Senator ADAMS. May I make this suggestion. I am advised by the clerk that this committee has had a long standing rule that those appropriations only be put on upon receipt of a letter from the Chairman of the House Committee on Appropriations. Mr. Goss. I will endeavor to secure that. We talked the matter over with Mark Sheild, clerk of the House Committee on Appropriations this morning and he suggested that while it might be offered on the floor, that perhaps it would be better to have the committee put it in. Senator HAYDEN. I think that you had better just ask Mr. Buchanan for a letter. Mr. Goss. Yes. I am just doing this, because the members of the Committee on Military Affairs asked me to do it, because she needs the money. BIDDING FOR GOVERNMENT SUPPLIES IN EXCESS OF $500 Mr. Chairman and Senators, when this bill was in the House-I happen to be a member of the Appropriations Committee-I suggested an amendment to the bill which I submitted to Mr. Rea here, and the committee, the House committee, decided not to put it in the bill, because no hearing had been held on the subject matter. However, they cast a vote requesting me to appear here before this committee with a suggestion that the Senate committee might possibly be able to have a hearing on this suggestion for consideration on this bill. Senator MCKELLAR. Mr. Goss, the trouble about it is this is legislation and we have no right to put it on. The Senate would send the bill back to the committee if we put this legislation on. legislation. This is Mr. Goss. Well, sir, I realize, of course, the House bill had considerable legislation in it as passed under a suspension of the rules. The committee was sympathetic toward the purpose, and some of the bills that come over from the Senate with legislation in them and it was thought that we might be able to handle this in that manner. I think that the House conferees would probably accept the amendment. Senator HAYDEN. Can you state briefly what the amendment is? Mr. Goss. I will not take the time to read it. Senator ADAMS. If we could get the substance of it. We have the amendment here, which can go into the record. Senator DICKINSON. Just briefly, what is it? Mr. Goss. I asked the Comptroller General to suggest the wording for this amendment, and I would like to offer his letter, addressed to me in evidence, which I can briefly read. [Reading:] COMPTROLLER GENERAL OF THE UNITED STATES, Hon. EDWARD W. Goss, I want to call attention to the fact that you have undoubtedly read in the papers about the hold-up on awards of contracts, especially for trucks, and all of the trouble that we have had with specifications in getting competitive bidding in all departments. |