S3 



to ships, vessels and boats of both parties, and also that, by the Treaty 

 of January 11, 1909, between Great Britain and the United States, 

 it was agreed that the navigation of all navigable boundary waters 

 shall for ever continue free and open for the purposes of commerce 

 to the inhabitants and to the ships, vessels and boats of both countries, 

 and 



Whereas, the Commission at Montreal, on the 31st August, 

 having duly considered the said application and the evidence offered 

 in support thereof, and the said exception to its jurisdiction, adjourned 

 its sitting to the 12th day of September at the city of New York, 

 when it continued the consideration thereof on the said and following 

 days, and 



Whereas, the Commission is of opinion that the said submerged 

 weir would be an obstruction in a boundary water on the United 

 States side of the boundary line which would alter the level on the 

 Canadian side thereof, and therefore the Commission has, under 

 Articles III and VIII of the Treaty of 1909, full jurisdiction and 

 authority to pass upon the said application, and 



Whereas, the Commission is of the opinion that, in order to arrive 

 at a final decision further evidence should be taken and further argu- 

 ment submitted, especially with regard to the effect of Article VII 

 of the Webster-Ashburton Treaty in so far as it may or may not 

 constitute a bar to the construction of the said weir, and with regard 

 to the question of whether said article has been superseded by the 

 Treaty of January 11, 1909, and 



Whereas, the war necessities of the Allied Governments impera- 

 tively demand that the production of aluminium at the applicant's 

 plant at Massena be increased as much as possible during the winter 

 months, and 



Whereas, it further appears that the construction of the said 

 submerged weir must be immediately commenced and be completed 

 by the 15th day of December next in order that the production of 

 aluminium for the present year may be increased ; 



Therefore, without at the present time finally deciding the 

 question whether the Commission should approve the construction 

 and permanent maintenance of the said weir, and without prejudice 

 in any way to its right to decide such question hereafter, and in view 

 of the pressing necessity for the immediate increase for war purposes 

 of the available supply of aluminium, and at the urgent request of the 

 United States, 



It is hereby ordered, as an interim measure, that the construction 

 of the said weir and its maintenance until the expiration of the 

 term of five years from the date hereof, or until the termination of 

 the present war, is hereby approved upon the following conditions: — 



(1) That, at the expiration of said period of five years, or upon 

 the termination of the present war, whichever shall last occur, said 

 weir shall be removed by the applicant; reserving, however, to the 

 applicant or any other interested party the right to apply to the 

 Commission at least one year before the expiration of the said period 

 for a further continuance of the said weir, and on such applic.it ion 

 the Commission may approve of such continuance on such terms and 



