178 
PARK AND CEMETERY. 
But I am somewhat ahead of the chronological part of my 
story. In February it was again deemed important to urge 
the President to further action. By this time it had appeared 
that even if Congress should act toward any limitation, it was 
the President only who could institute negotiations for a treaty, 
and that he could do this without any action by the Congress. 
Therefore, on February 14, Mr. Woodruff, Mr. DeBerard and 
myself called upon him. 
At this interview, Mr. Roosevelt expressed a fear that the 
interest which had been aroused could not be maintained 
against the concrete efforts of organized selfishness. We told 
him of the work planned and called his attention to the sub- 
stantial help that had just been ■ arranged for in great period- 
icals. Discussing in New Tork one day the need for additional 
help, both in money and in publicity, it was proposed between 
the three general officers of the Association to insert an ad- 
vertisement in the “Outlook,” mentioning the danger to Niag- 
ara Falls and asking for contributions to aid in the campaign 
for their preservation. Mr. Howland said. “The Outlook will 
be one of five periodicals to insert this page without charge.” 
We at once called upon Mr. S. S. McClure, of McClure’s Maga- 
zine, who assented instantly and cheerfully. A visit to the 
editor of the American Magazine, Mr. Sedgwick, brought just 
as cheerful an acquiescence. Dr. Albert Shaw, of the Review 
of Reviews, promptly agreed to the same proposition, adding 
a request for information upon which a strong editorial utter- 
ance could be based. In like manner, the World’s Work, Col- 
lier’s Weekly, Suburban Life, Everybody’s Magazine, Public 
Opinion, and a half dozen more of the leaders — representing in 
all a monthly circulation of more than two millions — agreed 
with gratifying alacrity to insert the Niagara page. The cash 
value of the advertising thus secured was in excess of $2,500, 
and its awakening influence upon many millions of people can 
hardly be estimated. 
So matters stood, while we were assured that the Inter- 
national Waterways Commission, to which had been referred, 
more than a year previously, the investigation of tha danger 
to Niagara Falls, would soon report. This report seeming to be 
interminably delayed, I wrote to the President the second week 
in March urging him in so many words “to stick a pin in the 
legs of the International Waterways Commission,” because we 
could not keep the agitation throughout the country forever at 
fever heat, and no action could be properly instituted in Con- 
gress until this Commission had reported. I do not know 
whether or not he put in the pin, but I do know that the re- 
port soon came into his hands and was promptly transmitted 
fo the Senate and the House of Representatives, with a short 
but vigorous message suggesting the enactment into law of 
the propositions made by the American members of the Inter- 
national Waterways Commission for the preservation of Niag- 
ara Falls, without waiting for the negotiation of a treaty. 
Very great satisfaction was felt at this message, and at 
the report, which, when read over cursorily, seemed to present 
Impartially the alarming facts as to Niagara power develop- 
ment. and to urge restrictive legislation. It was not until the 
evening of April 2 that, upon a careful re-reading of this report, 
a discovery was made that its recommendations were essen- 
tially vicious, for, while reciting the danger of diversion, the 
American members of the International W^aterways Commis- 
sion found it inexpedient to suggest any substantial restraint 
of the diversion of water. This remarkable report recited, 
among other findings, the following: 
“The glory of Niagara Falls lies in the volume of its water 
rather than in its height or in the surrounding scenery. 
“Works are now authorized and partially completed at the 
Falls which will divert from Niagara River above the Falls 
about 27 per cent of the average discharge and about 33 per 
cent of the low water discharge, which is more than double 
the quantitv now fiowing over the American Fall. 
“The effect of this withdrawal of water is to injure both 
the American and the Horseshoe Falls in nearly equal pro- 
portions. While the injury will be perceptible, it may not be 
destructive or disastrous. 
“The commercial value of the water power at Niagara 
Falls is very great, but if compared with values set aside by 
wealthy communities elsewhere for park purposes this value is 
not too great to be devoted to similar purposes. The place is 
visited annually by about 800,000 people.” 
With all these excellent conclusions, this Commission yet 
was willing to recommend, and did recommend, that but a 
trifling limitation be placed upon the proposed developments. 
'Fhus while setting forth the danger, the Commission hesitated 
to suggest any substantial restriction and instead proposed 
legislation which would have been entirely agreeable to the 
intrenched power development companies. 
Eearly on April 3, after the dangerous character of this 
report had appeared, the long distance telephone was put into 
active service to arrange for an interview with the President 
and for a strong presentation in opposition to the report of 
the International Waterways Commission. 
At this interview it was arranged that the President would 
confer with Mr. Burton about the proposed legislation. We 
had with Mr. Burton a very full discussion as to the proposed 
bill, securing his promise not to introduce the bill he had 
already prepared enacting into law the recommendations of 
the International Waterways Commission, and instead to pre- 
pare a real Niagara preservative measure. 
Again, on May 7, the President transmitted to the Congress, 
but this time without any recommendation for enactment, an- 
other report of the International Waterways Commission, in- 
cluding both Canadian and American members. A protest was 
again seiit to the President, calling attention not only to the 
fallacies in this report but to other dangers which had later 
appeared. 
Before this, however, the first of the important hearings 
held by the Committee on Rivers and Harbors in regard to 
the Burton bill had taken place. These hearings were held 
April 12, April 16, April 17, April 19, April 20 and April 21, in 
Washington. At all the hearings the power conpanies, now 
thoroughly alarmed, were present by attorneys, engineers and 
promoters, representing the danger to their interests, and each 
of them insisting that his particular development would not 
hurt Niagara Falls. Every one of them was particular to 
state how deeply interested he was in the glory of Niagara 
Falls, and each one as regularly managed to sneer at those 
who would set esthetic considerations before business, before 
he got through with his statement. 
At the hearing on April 21, there was brought together 
a notable body of representatives of the people. The Mer- 
chants' Association of New York was represented by ex-Attor- 
ney-General John W. Griggs, as well as by Mr. DeBerard; 
the American Scenic and Historic Preservation Society had 
there its Secretary, Mr. Edward Hagaman Hall; while Mr. 
Chas. R. Lamb, President of the Municipal Art Society of New 
York, also appeared. Your President and Secretary were at 
hand on behalf of the American Civic Association, and indeed, 
conducted the hearing for the side of the people. It was a 
dramatic and intensely Interesting occasion, for aside from the 
seven or eight representatives of the people and the fifteen 
members of the Committee, the room was crowded with the law- 
yers, engineers and officers of the Niagara power developing 
companies. 
General Griggs’ clear legal exposition, showing the com- 
plete and paramount jurisdiction of the United States over 
the Niagara River, and his prompt and conclusive answers to 
the questions of the Committee swept aside completely a great 
mass of previous argument insisting that the United States 
had no real rights in Niagara Falls, as against charters granted 
by the state of New York. 
Hon. Charles M. Dow, President of the New York State 
Niagara Preservation Association, showed that the power de- 
veloping people had already narrowed the Horseshoe Falls 500 
feet, and that instead of the contentions of the engineers that 
the American Fall averaged four feet in depth, the actual depth, 
as measured only the day before by careful engineers of the 
State of New York and the Province of Ontario, was less than 
two feet. 
When the Act of June 29, 1906. is read, it appears that the 
diversion for power production of a certain amount of Niagara 
water is placed entirely within the discretion of the Secretary 
of War, who is also charged with deciding as to the admis- 
sion of electric power from Canada. It also appears that the 
bill is to remain in force but three years, during which time 
it is hoped and respectfully requested that the President will 
conclude negotiations with Great Britain for: 
“Effectually providing by suitable treaty with said govern- 
ment for such regulation and control of the waters of Niagara 
River and its tributaries as will preserve the grandeur of 
Niagara Falls and of the rapids in said river.” 
W'ith the provisions of this act in mind, I was not sur- 
prised to note that the Secretary of War was about to give 
a hearing at Washington to those who wanted Niagara water. 
Immediate application was made for a hearing for the Amer- 
ican Civic Association, and a courteous response followed. The 
hearing was shifted to Niagara Falls, however, and there, on 
July 12, occurred perhaps the most dramatic and interesting 
of all ihe hearings connected with this national movement. 
I was not able, owing to the short notice, to secure the 
attendance of any one else interested in Niagara preservation, 
and thus arrived alone on the morning of July 12, at Niagara 
Palls. I found there a gathering of engineers, attorneys, pro- 
moters and financiers, by whom I was eyed with anything but 
friendly feelings, for many of them remembered my presence 
