79 



House of Commons. That was in the year 1910, after the construc- 

 tion of the canal, and I can tell you that there was a very loud and 

 long protest on that occasion. 



Mr. Tawxey: That had relation, however, primarily, to the 

 development of power in the Long Sault, that is the North channel 

 of the Long Sault. 



Mr. Guthrie: Yes, sir, it was charged that one led to the other. 



Mr. Tawxey : I wanted to know whether there was any protest, 

 either through diplomatic channels or otherwise, by either Canada 

 or the British Government with regard to the diversion which the 

 Government of the United States authorized from the South channel 

 at the time that diversion was authorized? 



Mr. Guthrie: I am not in a position to answer the question 

 more than to say this, that I do not think the matter was ever brought 

 to the attention of the Dominion of Canada. That was before the 

 treaty of 1910. It may be that we did not consider that we had any 

 rights at that time. 



Mr. Tawney: Well, you certainly had your rights under the 

 Webster-Ashburton Treaty, if this was a navigable water. 



Mr. Guthrie: But the charter of the company says that they 

 were not to interfere with navigation. I suppose that, seeing that 

 before us, if we did see it, we could rely on it, but the fact that they 

 have taken half the water out of that South channel in breach of the 

 terms of that treaty surely does not give them the right to stop it 

 altogether. 



Mr. Tawney: Not unless the other party acquiesces. 



Mr. Guthrie: Well, we do not acquiesce; we protest and we 

 protest against the original construction on the ground that they 

 had no proper authority to make that construction. And as vigor- 

 ously as I can protest I do protest against that and against any 

 further construction. 



Mr. Powell: That word "free" is a technical term. 



Mr. Guthrie: I find that the word "free" is about the broadest — 



Mr. Powell: It is at once the broadest and the most constricted. 



Mr. Guthrie: It has such meaning as unfettered, uncontrolled, 

 unhampered, uninterrupted, without let or hindrance. It is as 

 broad a word as you can use. 



Mr. Powell: Are those dictionary meanings? 



Mr. Guthrie: Yes, but not all of them by any means. 



Mr. Powell: But what about this legal use? By a process of 

 evolution the original meaning of the word "free" has been departed 

 from until it can be more fairly described by saying that it was vcr\' 

 restricted. Take the law in respect to the use of the highway. Ever\' 

 individual in the United States or Canada has a right to the free and 

 uninterrupted use of the highway. They have the free and uninter- 

 rupted use of a river. At the same time, a man using the highway 

 can back his cart in against the sidewalk as long as he does not 

 unreasonably interfere with the driving of others. A vessel can 

 anchor in a stream where another vessel ma>- be Inciting against the 

 wind and have to get out of his way, and that other man has not a 

 free and uninterrupted use. 



