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APPENDIX II 



Order in Council, 2nd September, 1918, re Application of St. 

 Lawrence River Power Co. 



P. C. 2144 — Certified copy of a Report of the Committee of 

 the Pri\'y Council, approved by His Excellency the Governor General 

 on the 2nd September, 1918. 



The Committee of the Priv>' Council have had before them a 

 report, dated 31st August, 1918, from the Right Honourable Sir 

 George E. Foster, Acting Secretary of State for External Affairs, 

 submitting that there has recently been before the International 

 Joint Commission an application of the St. Lawrence River Power 

 Company, a corporation of the state of New York, for the approval 

 of a project to construct certain works in the South Sault channel of 

 the St. Lawrence river, an international navigable boundary water; 

 that, as a result of this proceeding, a situation has arisen that may 

 seriously affect Canadian interests; and that, for the reasons set 

 out in the Memorandum hereto annexed, it is desirable that the whole 

 matter should be made the subject of direct discussion and settlement 

 with the Government of the United States. 



The Minister, therefore, recommends that representatives of 

 this Government be delegated and empowered to approach the United 

 States Government, through the appropriate channel, and to enter 

 into negotiations upon the matter with representatives of that 

 Government upon the basis of the annexed memorandum. 



The Committee concur in the foregoing recommendation and 

 submit the same for approval. 



RODOLPHE BOUDREAU 



Clerk of the Privy Council 



Memorandum 



The St. Lawrence River Power Company, a corporation of the 

 state of New York, has made, under what is conceived to be the 

 authority of the Treaty of January 11, 1909, between the United 

 States and His Majesty the King, an application to the International 

 Joint Commission for the approval of a project to construct a sub- 

 merged weir in the South Sault channel of the St. Lawrence river. 

 The South Sault channel is an international boundary water, and 

 the Governments of Canada and the United States having appeared 

 by counsel in the proceeding and the hearing thereon, certain ques- 

 tions have arisen that affect not only the treaty relations between 

 Canada and the United States and the powers of the International 

 Joint Commission, but also the prosecution of the European war. 

 For the reasons hereinafter indicated, it appears desirable that the 

 matter should be made immediately the subject of direct consultation 

 and negotiation between the two (Tovernments. 



The position, as reported by counsel for the Canadian Govern- 

 ment, may be here summarized. In September, 1917, the St. Law- 



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