i 
 
 UC-NRLF 
 
 B 3 D52 fiDS 
 
GIFT OF 
 
 DOCUMENTS 
 
 OEPT. 
 
FINAL REPORT 
 
 OF THE 
 
 INTERNATIONAL JOINT COMMISSION 
 
 ON THE 
 
 LAKE OF THE WOODS 
 REFERENCE 
 
 WASHINGTON-OTTAWA 
 

 DEPT. 
 
 
 INTERNATIONAL JOINT COMMISSION. 
 
 UNITED STATES. 
 
 OBADIAH GARDNER, Chaibman. 
 JAMES A. TAWNEY. 
 R. B. GLENN. 
 
 Whitehead Kluttz, Secretary. 
 
 CANADA. 
 
 CHARLES A. MAGRATH, Chaibman. 
 HENRY A. POWELL, K. C. 
 P. B. MIGNAULT, K. C. 
 
 IjAwbence J. BuBPEE, Secretary. 
 
c- 
 
 LETTER OF TRANSMITTAL. 
 
 June 12, 1917. 
 Sih: We have the honor to inclose herewith the Final Report of 
 the International Joint Commission in the matter of the reference of 
 June 27, 1912, submitted by the Governments of the United States 
 and of the Dominion of Canada, under the provisions of Article IX 
 of the treaty of January 11, 1909, between the United States and 
 Great Britain. 
 We have the honor to be, sir, your obedient servants, 
 
 Whitehead Kiiirrrx, 
 Lawrence J. Burpee, 
 
 SeereUarie*. 
 The honorable the Secretary or State, 
 
 Washington^ D. C. 
 
 nC9799 
 
LETTER OF REFERENCE. 
 
 Identical letters of reference on behalf of the Governments of the 
 United States and the Dominion of Canada, dated June 27, 1912, 
 were addressed to the International Joint Commission as follows : 
 
 I have the honor to Inform you that at the request of the Government 
 of the United States and of the Government of the Dominion of Canada, 
 under the provisions of Article IX of the treaty of January 11, 1909. between 
 the United States and Great Britain, the questions or matters of difference set 
 forth below, which have arisen between them Involving the rights, obliga- 
 tions, or Interests of each In relation to the other, or to the Inhabitants of 
 the other, along their common frontier between the United States and the 
 Dominion of Canada, are hereby referred to the International Joint Commis- 
 sion for examination and report upon the facts and circumstances of the 
 particular questions and matters referred together with such conclusions and 
 recommendations as may be appropriate. 
 
 The questions so referred are as follows, namely : 
 
 (1) In order to secure the most advantageous use of the waters of the Lake 
 of the Woo<1h and of the waters flowing Into and from the lake on eadi Bide 
 of the boundary for domt^stic and sanitary puriM>st>t(, for navigation and tmuh 
 r>ortatlon purposes, for fishitig purposes, and for power and irrigatloo purpo—, 
 and also in order to stH-urc the most advantagifUiK use of the ahOTW and 
 harbors of the lal^o and of the waters flowing Into and from the lake, is It 
 practicable and <lcsirnl)ie to ma'ntaln the surface of the lake during the 
 different seasons of the year at a certain statwl level, and If so at what level? 
 
 (2) If a certain stated level Is rei-onunemleil In answer to question No. 1, 
 and If such level Is higher than the normal or natural level of the lake, to 
 what extent, if at all, wo\ild the lake, when maintained at such level, OTcrftow 
 the lowlands u|M>n its southern border, or elsewhere on Its border, and what 
 is the value of the lands which woul<l Ik» subnu>rg«i? 
 
 (8) In what way or nuinner, Including the (xmstruction and uperatioa oC 
 dams or other worlds at the outlets and inlets of the lake, or In the W^ten 
 wliich are dire<*tiy or Indirectly tributary to the lake, or otherwise, Is It posrible 
 and advisable to regulate tlie volume, use, and outflow of the waten of the 
 lake so as to maintain the level rec«immendtHl In answer tO QimUou 1« end 
 by what nteans or arrangement can the proper coustructlon end operetleo Ct 
 regulating works, or a system or nietliod of regulation, be best s ec ttT Sd end 
 nuilntahuMl in order to insure the adequate protection end developm«t of all 
 the Interests invoivtHl <in both sidee of the boundary, with the leeat poalble 
 damage to all rights and Interests, both public and private^ which ougr Iw 
 fUfected by maintaining the proposed level? 
 
CONTENTS. 
 
 List of illuBtrations 7 
 
 Pabt I. — FiNAi, Report. 
 
 I. Introduction 11 
 
 II. Summary of physical conditions 14 
 
 III. Facts and circumstances 16 
 
 IV. Conclusions and recommendations: Question 1 26 
 
 V, Conclusions and recommendations: Question 2 28 
 
 VI. Conclusions and recommendations: Question 3 32 
 
 VIIr->8ummary of conclusions 39 
 
 VIII. Discussion of facts: Question 1 41 
 
 IX. Discussion of facts: Question 2 53 
 
 X. Discussion of facts: Questions 63 
 
 XI. Administering proposed regulation 70 
 
 XII. Immediate international supervision 78 
 
 Part II. — Supplemental Conclusions and RscoiiMBNDAnoNa. 
 
 I. Explanatory statement 75 
 
 II. Objections to restricted control 76 
 
 III. Tributary waters should be included 77 
 
 IV. Answer to question 3 incomplete S4 
 
 V. Recommendation as to "means or arrangement" 86 
 
 VI. DiBCussion as to acquiring neceasary rights •.•..... 90 
 
 VII. Reference not "restricted " by implication 101 
 
 Part III. — Sufplbmbnt. 
 
 I. Physical conditions ill 
 
 II. History of region 119 
 
 III. Boundary questions US 
 
 IV. Settlement 141 
 
 V. Water supply and sanitation 151 
 
 VI. Agriculture IM 
 
 VII. Lumbering IfT 
 
 VIII. Mining 174 
 
 IX. Fisheries , 180 
 
 X. NavigtUon 110 
 
 XI. ReereBtion 104 
 
 XII. Power development 100 
 
 XIII. Divenions from the watorahod 01 
 
 Pa«t IV 
 
 Appendix MO 
 
 Hil)lii)gr«phy • m 
 
 Indox Mi 
 
LIST OF ILLUSTRATIONS. 
 
 Plate 1. Sunflet on the Lake of the Woods. (JVontiflpiece.) ?•(•. 
 
 2. a, Lake of the Woods survey; b, Lone Tree Point 14 
 
 3. Norman Dam 17 
 
 4. a, Kenora power house; 6, Winnipeg city power plant 20 
 
 5. Flour mills at Kenora 24 
 
 6. Winnipeg River 28 
 
 7. a, Flooded farm, south shore; b, Lumber slide, upper watershed. . . 31 
 
 8. Pithers Point, Fort Frances .' 35 
 
 9. High water at Fort Frances 42 
 
 10. a. Municipal plant, Kenora; 6, Control dam, Pinawa Channel 47 
 
 11. Rocks showing high-water mark 54 
 
 12. Cast up shore line on south shore 61 
 
 13. One of the upper lakes 65 
 
 14. Submerged dock, Kenora 70 
 
 15 . White Dog Rapids 75 
 
 16. Kenora 80 
 
 17. Front Street, Port Frances 84 
 
 18. Little Grassy River 90 
 
 19. High Water on Rat Root River ^ M 
 
 20. H. B. C. post at Fort Frances lOS 
 
 21. Evening on the upper waters Ill 
 
 22. a, Koochiching Falls in a state of nature; 6, Flooded homestead. 
 
 Rat Root River 116 
 
 23. Ojibways at Fort Frances 120 
 
 24. Fort Prances in 1857 , ,.... IM 
 
 25. The falls at Fort Frances , IM 
 
 26. a, Rat Portage in 1857; 6, KetUe Falls, 1857 190 
 
 27. Northwest Angle survey 133 
 
 28. Routeof expeditionary force, 1870.... 198 
 
 29. Clearing heavily timbered land 149 
 
 30. Drainage ditch, south shore 148 
 
 31. Warroad 169 
 
 32. a, Greater Winnipeg water preject; 6, Shoal Lain, end of conduit . . 166 
 
 33. South shore farm 160 
 
 34. a, North shore farm; b, a pioneer's hooM 188 
 
 35. Lumbering in northern Minnesota 188 
 
 36. 0, Log driving, Kawiahiwi River; b, Sheviin-Clarke milb 170 
 
 87. a, Paper mill at Fort Frances; b, Pulp wood at International FkUs. 179 
 
 88. Reginamine 176 
 
 39. Sultanamine 177 
 
 40. Iron ore, Hunters Island 179 
 
 41. Warroad fishermen 199 
 
 42. Lake of the Woods stoigeoa 197 
 
 43. a. Among the Islands; 6, Kcnoin 191 
 
 44. e, Uf t bridge above Int«mational FalU; b. Koochk^ii^ Fdls Dam . 198 
 
 T 
 
8 LIST OP ILLUSTRATIONS. 
 
 Page. 
 
 Plate 45. Canal at Fort Frances 199 
 
 46. A native of Rainy Lake 204 
 
 47. A hunter's paradise 207 
 
 48. White Dog Rapids 210 
 
 49. a, Winnipeg Electric Railway power plant; b, Power house, Pinawa 
 
 Channel 214 
 
 50. a, Seven Sisters Falls, Winnipeg River; b, Silver Falls, Winnipeg 
 
 River 219 
 
 51. One of many water powers 223 
 
 52. a, Main weir, Pinawa Channel; 6, Winnipeg power plant, Point du 
 
 Bois Falls 229 
 
 53. Sand beaches, north shore 235 
 
 54. Indian camp on Northwest Angle 239 
 
NOTE RE DATUM. 
 
 " Sea-level datum " wherever referred to in this report is the datum 
 adopted by the consulting engineers in their report and represents the 
 sea-level datum of the United States Coast and Geodetic Survey (1912 
 adjustment). This datum is permanently established by the Inter- 
 national Joint Commission bench mark at Warroad, Minnesota, a dia- 
 gram of which appears on page 105 of the Engineers' Report (text) 
 and which on page 101 of that report is described as follows: 
 
 International Joint Ck>mini8slon B. M. in school yard. Top of copper plac 
 in concrete block, carried below frost line, and located near fence In front of 
 and to the west of new schoolhouse. Estnbn8he<l OctolM>r 3, 1912. EleratlOD. 
 sea-level datum, 1068.707. 
 
 By means of carefully executed, simultaneous readings of hook 
 gauges at different points on the Lake of the Woods on March 12 to 
 14, 1914, while the lake was covered with ice, this datimi was trans- 
 ferred from Warroad to Kenora and other points on the lake and 
 there referred to permanent bench marks also described in the report 
 of the consulting engineers. 
 
 " Public Works of Canada datum " on Rainy Lake and on the lakes 
 above Kettle Falls is ost^ibli.shed by what is known as the "500" 
 bench mark described on page 91 of the Engineers* Report (text), 
 as follows: 
 
 Department of Public Works, Canada. B. M. top of Into bolt net vertlcalUr In 
 solid rock, 4 feet from edge of north tiido of canal, directly benenth the Canadian 
 end of the Minnesota A Ontario Power Company's bridge : 
 
 Blevatlon, public works, Canada, datum. 600.00. 
 
 Elevation, sea-level datum. 1111.61. 
 
 Other permanent bench marks at Fort Frances, Ontario, and Inter- 
 national Falls, and Ranicr, Minnesota, are described on page 91 of 
 the Roport of the Consulting Engineers. 
 
 9 
 

FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION 
 ON THE LAKE OF THE WOODS REFERENCE. 
 
 I.— nrmoDucTioir. 
 
 The treaty between the United States and Great Britain, signed 
 January 11, 1909, was concluded by the high contracting parties not 
 only "to prevent disputes regarding the use of boundary waters," 
 but also, among other things, " to settle all questions which are now 
 pending between the United States and the Dominion of Canada, 
 involving the rights, obligations, or interests of either in relation to 
 the other or to the inhabitants of the other, along their common 
 frontier, and to make provision for the adjustment and settlement of 
 all such questions as may hereafter arise." 
 
 The foregoing reference submitted jointly by the Governments of 
 the United States and of the Dominion of Canada 
 under Article IX of said treaty sets forth certain 
 " questions or matters of difference . . . which have arisen between " 
 the two Governments, and which involve " the rights, obligations, or 
 interests " of each Government " in relation to the other, or to the 
 inhabitants of the other, along their common frontier." The refer> 
 ence then requests this commission, without expressly a^^tiwg ** anj 
 restrictions or exceptions " of any kind, to examine and report upon 
 the " facts and circumstances of the particular questions and maUtn 
 referred, together with such conclusions and recommendations as 
 may be appropriate." 
 
 In the judgment of the commission, the reference calls for a report 
 upon nil matters pertaining to the regulation of the levels of the Lake 
 of the Woods and the advantageous use of its waters, shores, and 
 harbors, and the use of the water flowing into and from the lake) and 
 the effect of sue!) regulation on all public and private intaissls 
 involved. It is also the judgment of the commission that the advan- 
 tageous use of the waters about which the questions of the raferanos 
 center includes not only all practicable uses to which Uiess watsrs 
 can be put on thoir own watershed, but also all bcneticial usss iHiieh 
 the ener^'v dis. loped thereon may serve in the adjacent tarritory. 
 In the i I I ion and study of the questions rafbrred, the com- 
 
 mission I i ued much interesting data bearing upon tha Lake of 
 
 the Woou I ^ >>n. Most of it relates to the subject matter of the 
 
 11 
 
12 FINAL BEPOET OP THE INTERNATIONAL JOINT COMMISSION. 
 
 reference. It is all of value, and the historical part will be found of 
 great interest. The commission, therefore, caused it to be arranged 
 and compiled, and submits it as a supplement hereto. 
 
 A reply to the questions of the reference and the complex and 
 Technical inresUga- interdependent problems which it presents, involved 
 tioBi. extensive field surveys and the collection, analysis, 
 
 and coordination of a vast amount of physical data. The extent 
 and magnitude of the area to be covered in this investigation and the 
 difficulties surrounding the field work, may be better understood 
 from the fact that the superficial area of the Lake of the Woods, 
 including Shoal Lake, is 1,485 square miles, or about 400 square 
 miles greater than that of the State of Rhode Island. The entire 
 drainage area of this lake and its tributary waters is 26,750 square 
 miles, an area 5,000 square miles greater than that of Nova Scotia, 
 and greater than the combined areas of the States of New Hamp- 
 shire, Massachusetts, Rhode Island, Connecticut, and Delaware. As 
 most of the area that had to be surveyed in detail was the lowland 
 subject to past or possible future flooding, and as most of this land 
 was swamp, marsh, or bog, the difficulties encountered in the field 
 work are manifest. Nevertheless this work was carried on without 
 reference to unfavorable climatic or other conditions, and was prose- 
 cuted with all possible dispatch and at the least possible cost. 
 
 In view of the Lake of the Woods and its tributary waters being 
 one of the important links in the system of international boundary 
 waters, the commission recognized the desirability of dealing with 
 the questions involved in the reference on broad and comprehensive 
 lines. To that end it felt that all data affecting this vast watershed 
 should be collected, sifted, and tabulated, so as to have available in 
 serviceable form all dependable information bearing upon these 
 waters, not only for the purposes of fully answering the questions of 
 the reference, but for future use in the regulation of these waters. 
 
 Prior to the reference, the only surveys in the Lake of the Woods 
 watershed were the ordinary public-land surveys, and they did not 
 extend over the entire area. There were no detailed topographic or 
 hydrographic maps available covering the shore line of any of these 
 waters. Additional hydrometric data were likewise required. Maps, 
 plates, and graphs had to be prepared, so that the relevant physical 
 data could be properly presented. 
 
 This part of the investigation has been carried on under the imme- 
 diate supervision of Mr. Adolph F. Meyer, of Minneapolis, Mmnesota, 
 and Mr. Arthur V. White, of Toronto, Ontario, whom the commission 
 appointed as its consulting engineers October 1, 1912. The services 
 of these gentlemen and those employed under them have been emi- 
 nently satisfactory to the commission and to all public and private 
 interests concerned. They performed their duties with marked 
 ability and untiring energy. The commission's opinion in this respect 
 
PINAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 13 
 
 is borne out by the testimony of all the engineers appearing before 
 the commission who had studied their report in connection with this 
 investigation. 
 
 The commission desires, further, to acknowledge its appreciation 
 of the valuable services rendered by the Dominion 
 
 Aeknowiedsmente. ^^^^^ p^^^^ Branch and the Department of PubUc 
 
 Works of Canada ; the United States Geological Survey ; the Corps of 
 Engineers, United States War Department ; and other governmental 
 departments and individuals in both countries.^ 
 
 Most of the data assembled and prepared by the engineers are 
 presented in their report to the commission in three 
 
 ngiBeen repo . yolumcs, which is herewith submitted and made a 
 part hereof. There is also submitted an atlas, consisting of 41 maps, 
 together with a map of the entire watershed drawn on a scale of 7.89 
 miles to the inch. An examination of this atlas, as well as of the two 
 volumes of plates and tables prepared by the consulting engineers, 
 will at once reveal the commission's appreciation of the importance 
 of thoroughly assembling, in a manner worthy of the two countries, 
 all the essential facts fundamental to a clear understanding of the 
 problems presented by the reference, and to the satisfactory regula- 
 tion of these waters. 
 
 In connection with the watershed map, attention is particularly 
 drawn to what seems to the commission a notable and significant 
 fact. Perhaps for the first time in history two nations are being 
 furnished by a commission, created to protect and conaer\'e their 
 mutual interests, with a very complete and accurate international 
 map representing, without regard to political boundaries, the limits 
 and details of a great and important watershed. 
 
 In addition to the technical investigations conducted by the con- 
 sulting engineers, the commission held public hear- 
 ings at a number of conveniently located towns in the 
 vicinity of the Lake of the Woods for the purpose of securing all 
 possible information from the interested parties who denred to be 
 heard upon the question of the use and control of the waters of the 
 Lake of the Woods and its main tributary, Rainy River and RAiiiy 
 Lake; and upon the question of the value of riparian lands wUflh 
 might bo affected by the eKtnbiisiimcnt of any proposed level for the 
 Lake of the Woods. The evidence thus obtained, consisting of about 
 1,800 pages, is likewise submitted as s part of this report 
 
 Some time after the public hearings, counsel for nil parties in in> 
 terest presented briefs and oral arguments in support of their respse* 
 tive contentions. Printed copies of ell such briefs filed with the com- 
 mission and oral arguments consisting of about 800 pages liksfwin 
 acoompiiny this report 
 
 *■•• l«ttrt of CooattiUas laslii— (tnt). |». 14, 11. 
 
n.— SUMMAHY OF PHYSICAL CONDITIONS. 
 
 The Lake of the Woods, including Shoal Lake, is an irregularly 
 shaped body of water 1,485 square miles in area. The southerly por- 
 tion, formerly known as the Lake of the Woods and bordered by low 
 shores, is an expanse of relatively shallow, open water about 30 miles 
 across, now known as the Big Traverse. The northerly portion, 
 known as the Little Traverse, is dotted with thousands of wooded 
 islands. 
 
 The T^ake of the WooHls derives its wnter supply from n diainnge 
 area of 26,750 square miles, of which 42 per cent. is in the United 
 States and 58 per cent in Canada. The water surface of this drainage 
 area — an intricate network of lakes, largely rockbound, with con- 
 necting streams — is 3,960 square miles, of which about 70 per cent lies 
 within Canada and 30 per cent within the United States. 
 
 It will be observed by reference to the watershed map that the 
 principal drainage course of the water tributary to the Lake of the 
 Woods is along the boundary between the two countries and the gen- 
 eral direction of the flow is northwesterly. The southeastern extrem- 
 ity of the drainage basin extends to within 15 miles of Lake Superior, 
 where the divide has an elevation of approximately 1,800 feet above 
 sea level datum. After leaving the Lake of the Woods, the waters 
 flow down the Winnipeg River into Lake Winnipeg and thence by 
 way of Nelson River to Hudson Bay. 
 
 This vast drainage basin may be conveniently divided into three 
 main sections, namely: the Upper Rainy watershed, embracing all 
 territory drained by the waters discharging out of Rainy Lake 
 through Rainy River, and containing an area of 14,500 square miles ; 
 the Lower Rainy watershed, containing an area of 6,350 square miles ; 
 and finally, the watershed of the Lake of the Woods proper, embrac- 
 ing territory drained into that lake other than through Rainy River, 
 and containing an area of 5,900 square miles. Through these waters 
 from their source westward to the Northwest Angle, a distance of 
 about 340 miles, the boundary between the United States and Canada 
 passes. 
 
 Fully 60 per cent of the waters discharged out of the Lake of the 
 Woods are received from the Upper Rainy watershed. Rainy Lake, 
 at the foot of this watershed, has a mean area of 345 square miles. 
 The principal lakes in the watershed immediately above Rainy Lake 
 are Namakan, Kabetogama, Sand Point, Crane, and Little Vermilion. 
 14 
 
Plate 2. 
 
 a, I.AKK OF THE WOUDS SURVEY. 
 
 h, LONK TREE POINT. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 15 
 
 In general, the Upper Rainy watershed and the watershed of the 
 Lake of the Woods proper, possess very similar characteristics — the 
 underlying Laurentian rock formation outcropping frequently, the 
 soil cover being scant, lakes and ponds numerous, and the timber 
 growth, on the whole, rather sparse. The Lower Rainy watershed 
 is more heavily wooded and generally rather flat and swampy. Of 
 the entire land area, about 8,500 square miles, or about 37 per cent, 
 consists of arable or semiarable land, most of it, however, requiring 
 drainage. A very small proportion of the total area, mainly narrow 
 strips along the lakes and rivers, is under cultivation.^ 
 
 ^Por further particulars as to physical characteristics of the region, see Supplement; 
 also Repoit «f CoDsultlng Engloeers. 
 
 103086—17 2 
 
m.— FACTS AND CIRCUMSTANCES LEADING TIP TO THE REFER- 
 ENCE. 
 
 The outlets of the Lake of the Woods are in Canada near Kenora 
 Early eksngei u and Keewatin, Ontario, at the extreme northern 
 """*•*• end of the lake. Under natural conditions there 
 
 were two main outlets. The larger of these, known as the Western 
 Outlet, is that in which the present Norman Dam is located. The 
 other, in which the Kenora municipal power plant is constructed, is 
 termed the Eastern Outlet. 
 
 From the best information obtainable, the outlets of the Lake of 
 the Woods remained in their natural condition until 1879. In that 
 year a headrace for power purposes was built at the extreme western 
 end of Portage Bay, Keewatin, in a depression which previously had 
 served as an overflow channel for the lake when at high stages. 
 About 1885 the power intake was further deepened. The power 
 developed was used for the operation of a saw and planing mill down 
 to 1906 when the plant was closed; since that date the channel has 
 not been used for power purposes. 
 
 The extreme northerly portion of the Lake of the Woods at Port- 
 age Bay is separated from that part of the Winnipeg Eiver known 
 as Darlington Bay by a natural rock ridge along which now runs 
 the Canadian Pacific Railway. In 1881 a small cut for power de- 
 velopment was made through this ridge at the location of the present 
 mill of the Lake of the Woods Milling Company, known as Mill C. 
 About 1906 the site was purchased by the Lake of the Woods Milling 
 Company. Nine years previously the same company had excavated 
 a canal several hundred feet west of the one above mentioned for the 
 development of power. This power is now used by Mill A. 
 
 The first attempt to exercise a measure of control over the level 
 of the Lake of the Woods was made 30 years ago. It appears from 
 the evidence submitted at public hearings and from our investigation, 
 that because of the low stages of water in the lake for some time 
 prior to 1887, the interest of navigation, then considerable on the 
 Canadian side, was seriously affected. For the purpose of improving 
 this condition, and mainly for the benefit of navigation, the Domin- 
 ion Government authorized the construction of a dam, known as the 
 16 
 
PINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. lY 
 
 Kollerway Dam, in the western outlet of the lake.* To aid in the 
 accomplishment of this purpose the Government appropriated the 
 sum of $7,000.» 
 
 From the evidence it also appears, and this is not disputed, that 
 the construction of the Rollerway Dam had the effect of raising the 
 natural level of the lake an average of 1.5 feet during the years 
 1893 to 1898 for which continuous records are available.' 
 
 Some of the evidence obtained, including two records of water 
 levels given in table 6, page 24, Report of the Consulting Engineers, 
 indicates that when first built this dam raised the level of the lake 
 substantially 3 feet. 
 
 In 1893-1895, under authority of the Government of Ontario, 
 another dam known as the Norman Dam was built by the Keewatin 
 Power Company (Ltd.), in the Winnipeg River about a mile below 
 the Rollerway Dam. The Norman Dam * consists of a rock fill and 20 
 masonry piers with sluices, controlled by means of stop logs. It was 
 originally intended for power development, but the project was never 
 completed. The stop logs were not placed until 1898, when, under a 
 contract with the Keewatin Power Company, the Provincial Govern- 
 ment paid the company $4,000 to be used in providing the necessary 
 stop logs, and at the same time secured the right, subject to cancella- 
 tion by either party upon one month's notice, to thereafter control 
 the dam for the benefit of navigation." 
 
 Since November 19, 1898, the dam has l)een so controlled by the 
 Provincial Government under this contract* 
 
 The contract also provided that in case of cancoUiUion at the 
 request of the company, " It shall nevertheless be the duty of tlie 
 company to maintain the water at ordinary summer level for such 
 purposes as aforesaid at all proper time and times thereafter.'* In 
 the contract liability for damage resulting from raising the lake 
 abore ordinary summer level is covered by the following sUte- 
 ment: 
 
 It Is also nRrec<l that the commiiwlnnor In not to be imiMinslble for danMgti 
 occnHlnncd by ronson of t)H> wntor boliii; rnl.icHl lilKbor tbnii ordinary sumntr 
 levul iinleHH the miuiiu \n raiwHl for the puriMMH> of. ami at the lOBtaiic* of, 
 the Government or by their HorvanUt or anentii. 
 
 Although the Rollerway Dam, construi<tc<I in 1887-88, was nmiOVMl 
 in 1S!)9, the etK'ct of the construction and maintenance of the NomuUD 
 Dam upon the level of the Lake of the Woods wm simtlar to that 
 of the Kollerway Dam, but more marked, in that it maintained 
 
 >B«port or ronaultliiR KnslOMra (platM). pUlM IB. 34. 39. (teit) I'Ut* C 
 
 ■Idta (teit). pp. H. 0. 
 
 •IdMB <plat«>«). pUtos 114-17. (UbiM) TbH« 74. 
 
 «l(lf>in (toxl). nnlm A nn<l H. (pl«tM> TUt* 97. 
 
 •rinal IMbllc HMri&o. Wlnnlpvg. rMmiary. IBIS. pp. 4aS. 4M. 
 
 • Report ot OOMOlUag Magiamn (taM«). TiM« t. p. St. 
 
18 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 the mean lake level about 3.5 feet above what it would have been 
 under natural conditions.^ The increase over the levels which would 
 have prevailed with the outlets in a state of nature has varied from 
 0.9 foot in 1899 to 6.3 feet in 1913. 
 
 warroad Harbor im- In 1902, on the basis of survcys of Warroad River, 
 proTement. authorized by the Congress of the United States 
 
 and made by engineers of the United States War Department in 
 1899 to 1900," a project was adopted by Congress for the improve- 
 ment of Warroad Harbor so as to provide a 7-foot channel. In the 
 plans for this improvement, all depths were reduced to what the 
 War Department later referred to as the " normal " level of the 
 lake ; that is, a stage of 7.2 feet on the Warroad gauge, corresponding 
 to 1,060.8, sea-level datum. 
 
 This is the stage which prevailed on the lake at the beginning of 
 the survey in December, 1899. In eacli navigation season between 
 1901 and 1904 the lake level fell somewhat below the stage of 1,060.8 
 and in 1904 it reached that stage for only a few days.' 
 
 When the project was extended by Congress early in 1905, the 
 United States engineers in charge, knowing of the existence of a 
 dam in one of the outlets of the lake by means of which the level 
 could be to some extent controlled, believed that through cooperation 
 with the proper Canadian authorities the dam could be so operated 
 as to secure a level more satisfactory to the maintenance of the pro- 
 jected depths in Warroad Harbor than the stage which had prevailed 
 since the adoption of the project.* 
 
 As a consequence in May, 1905, the Government of the United 
 States suggested to the Government of the Dominion of Canada 
 that the Norman Dam be so operated as to prevent the level of the 
 Lake of the Woods from falling below the datum of 7.2 on the War- 
 road gauge, i. e., 1,060.8, sea-level datum.'' 
 
 After investigation and consideration of the matter, the Canadian 
 Government concluded that the request of the United States Govern- 
 ment could not be granted because the maintenance of the minimum 
 stage of 7.2 would result in injury to important industries at Keewa- 
 tin and Kenora in time of high water, and also because it would be 
 impossible to maintain a minimum stage of 7.2 during low water 
 without constructing a dam in the eastern outlet of the lake.^ 
 
 1 Evidence of either the accidental or the intentional lowering of the Rollerway Dam 
 between 1890 and 1892 appears on plate 111, Report of the Consulting Engineers. Two 
 water levels, one on July 15, 1889, and one on July 15, 1890, given on this drawing, indi- 
 cate a lowering of the eflfective heights of this dam by about 1.25 feet. The remaining 
 portion of the dam was removed in 1899 after the completion of the Norman Dam. 
 
 2 Final Public Hearings, Winnipeg, February, 1916, pp. 467-471. 
 
 * Report of Consulting Engineers (plates) ; plate 120. 
 
 * Final Public Hearings, Winnipeg, February, 1916, p. 517. 
 6 Idem, p. 518. 
 
 " Idem, pp. 518-524. 
 
FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 19 
 
 This conclusion was never officially communicated to the Govern- 
 ment of the United States. In 1906 the eastern outlet of the lake 
 was completely closed by the construction of a power plant by the 
 town of Kenora.^ 
 
 In 1895, seven years after the completion of the Rollerway Dam, 
 First complaint* Coloncl Naff, of the General Land Office, United 
 •sainat flooding. Statcs Department of the Interior, was sent to the 
 
 Lake of the Woods to investigate complaints made by settlers on the 
 south shore of the lake in Minnesota that their lands had been sub- 
 merged by high levels caused by the construction of the Rollerway 
 Dam. Colonel Naff reported that it was claimed by the settlers that 
 the Rollerway Dam had raised the level of the lake about 3 feet higher 
 '• than its natural stage," and " that the month of May will be the best, 
 season of the year to make a critical examination of the condition and 
 extent of the overflcwage and the amount of damage done upon 
 which to base a plea of complaint and for relief.* 
 
 Apparently no action was taken in the matter by the United States 
 Government, nor was the matter ever brought officially to the atten- 
 tion of the Canadian Government. 
 
 When the south shore lands in Minnesota were surveyed in 1893- 
 Tiie pabiie-Uadrai^ 1896, the surveyors of the United States Land Office 
 '•J*' ran the subdivisional lines out over the flooded lands 
 
 on the soutli shore of this lake, in some cases more than a inilo, and 
 set the meander posts marking the border of the lake at the shore line 
 forming the dividing line between open water and willow brush or 
 marsh grass.' 
 
 These lands in the United States have been patent<>d to home- 
 steaders on the basis of the acreage shown on the I^ind Office mape, 
 even though a portion of the platted area was and ever since has 
 been under water. It is to l)e noted, however, that acconling to the 
 testimony at the Warroad hearing in 1915, the majority of the set- 
 tlers on the south shore of the Lake of the Wo<mIs came in in 1899 and 
 1900;* that is to say, after the completion of the Noniian Dam. 
 
 As the result of flooding of lands along the south sliorc of the lake 
 
 in 190."),* and 1907,* protests were made bv the Mi- 
 
 •nrarnt r«dr«»oni to tlors to tlu» United States dovernnient. The 1901 
 
 MMruia vaiiditir of pjotest consistotl of a series of affidavits which 
 
 rea<'hed the United States State Department about 
 
 the end of that year. On the Ist of Febnuiry. 1908. AcUng Score- 
 
 * Rtport of Coosaltlat Mintaww (tot). ^ 184, PlatM ▼ l» I. 
 
 • idMi, AppoiMiix I. p. sua. 
 
 •This to ctearlr Nhown hy roapa on Dlr In ttM otkm of thto cowmImI—. »na « r < < Iqr 
 Mr. n*ort* A. Ralph, formrr Statr dralnai* roglaMr of MlaMaeta, who md* awM •€ 
 th« land anrvrjra aloni thr Kouth ■hor«> of th» lake, and alao by tbt 0«v«nMNat M 
 at tbM« aurvrya niH In th« Hiatr rapttol at St. Paul. Mian. 
 
 • Kurthar tMMIe BMrtaca. Wwroatf. eaptMDbw. 191ft. p. lia 
 ' Final Pabile BmHmb. Wlaatptt. FMnMury. laiS. p^ Ba«-«as. 
 
 * I'ubltc HMrlBf*. Warroad. a*pt*Bh*r. tttl:t. p. 101. 
 
20 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 tary of State Robert Bacon addressed the honorable, the Secretary 
 of War, as follows : 
 
 Protests have been filed in this department In behalf of the settlers on the 
 southern shore of the Lake of the Woods on the northern border of Minnesota 
 against the elevation of the surface of that lake above Its normal level as 
 existing at the time they located there, which they allege has resultetl from the 
 damming of one or more of the outlets on the Canadian side of the lake, and 
 in consequence of which they claim that their lands have been submerged. 
 
 It appears that under the plans for the Improvement of Warroad Harbor on 
 this lake, in accordance with the plans approved by Congress and carried out 
 under the direction of the War Department, it is essential that the level of 
 the lake be malntalnal at 7.2 feet on the gauge at Warroad Harbor, and In 
 May, 1905, the Secretary of War wrote to the SecretaiT of State requesting that 
 an arrangement be entere<i into with the British Government by which a dam 
 across one of the outlets of the Lake of the Woods, which was under the control 
 of the provincial government of Ontario, and by means of which the level of the 
 lake could be to some extent regulate<l, should be so operated as to prevent the 
 level of the lake from falling below the datum of 7.2 feet on the Warroad 
 Harbor gauge. It does not appear, however, what relation this level bears 
 to the normal level of the lake under natural conditions and In connection with 
 the present protests I desire to obtain this Information, and also any further 
 information which the department may have, showing the changes which have 
 taken place In the level of the lake In recent years with reference to that gauge, 
 and the relation between the present level of the lake and the datum of 7.2 
 feet on that gauge. 
 
 It may be noted that none of the protests referred to above were 
 brought to the attention of the Canadian Government by the Gov- 
 ernment of the United States. 
 
 The engineers of the United States War Department, who had 
 charge of the navigation improvements on the Lake of the Woods, 
 recognized the right of the Government to maintain the L^ke at 
 ordinary high- water mark in the interest of navigation, but notwith- 
 standing the report of Colonel Naff to the effect that it was claimed by 
 the settlers that the Rollerway Dam constructed in the western outlet 
 of the lake for the benefit of navigation had raised the level of the 
 lake about 3 feet, they believed that the stage of water prevailing 
 between 1899 and 1908 was not above ordinary high water under 
 natural conditions. It does not appear, however, that the report of 
 Colonel Naff had previously been brought to their attention. They 
 believed, moreover, that in so far as the higher stages were concerned, 
 the level was not subject to the operation of the dams at the outlet. 
 For example, in April, 1906, Major Derby wrote to the Chief of 
 Engineers : ^ 
 
 It is not impossible, though I do not think it probable, that the Keewatin 
 Dam (which is the Norman Dam) was so manipulated during these four years 
 (referring to 1899. 1903, 1904, and 1905) as to affect the high-water stage. On 
 
 1 Final PubUc Hearings, Winnipeg, February, 1916, p. 473. 
 
Plate 4. 
 
 1 
 
 
 V ■■■■;:. 
 
 1 
 
 »i " "'i; 
 
 
 
 a, KENORA POWEIl UOU8E. 
 
 h. WINNIPRO CITY POWKK PLANT. 
 
FINAL BEPOET OF THE INTERNATIONAL JOINT COMMISSION. 21 
 
 the two ocpflslons when the dnm was inspectetl by agents of the United States 
 Engineer Dopartment, the slope in the mile of river botwoen the clam and the 
 lal<c w!is rriKtrtod as 3 fe<'t niul G feet, resrxHrtlvely. 
 
 The view that only the low stages on the Lake of the Woods had 
 been increased appears to have prevailed even in Canada. The 
 Rollerway Dam was built in 1887 for the specific purpose of raising 
 the low-vmter level. It was a long submerged dam which raised the 
 low-water level about 3 feet and the extreme high-water level leas 
 than 1 foot. 
 
 Similarly the Norman Dam, built 1893-1895, was to be operated 
 by the Keewatin Power Company at all times so as " to maintain the 
 water of the Lake of the Woods at ordinary summer level " * • • 
 " for the purpose of improving the navigation of the said lake," 
 and, furthermore, it was aigreed that " the commissioner (rep- 
 resenting the government of Ontario) is not to be responsible 
 for damages occasioned by reason of the water being raised higher 
 than ordinary summer level unless the same is raised for the pur- 
 poses of, and at the instance of, the Government, or by their servants 
 or agents." That the level of the Lake of the Woods was being 
 maintained at "the old normal level before there were any dams in 
 here at all"^ was the belief e.xpresaed by several witnesses who 
 appeared before the commission at Kenoni in 1912. 
 
 On February IT), 1908, Major Shunk, replying to an in(|uiry from 
 the Chief of Engineers rc<iuosting information desired by Assistant 
 Secretary IJacon in his letter of February 1, 1908, as to the relation 
 between 7.2 on the Warroad gauge and " the normal level of the lake 
 under natural conditions ♦ ♦ ♦ nJso any further information 
 which the department may have showing the changes which have 
 taken place in recent years with reference to that gauge," stateil thut 
 the fluctuations from 5.10 to 8.90 on the Warroad gauge during the 
 year 1907 " were due to natural causes and not to the o|>eration of 
 dams."' 
 
 This statement of Major Shunk was apparently based upon the 
 report of his assistant engineer, Mr. R. Davenport, who on Febniary 
 18, 1008, after comparing the rainfall for the eight years prior to 
 1896 with that for the 12 years thereafter, .statc<! that : 
 
 Under the ot)n(ntlonii niHtvo nicntionod. It m ooiuddertxl that the rnrlntUtiM 
 In the iiald lake Murfan> level have reMnlt(*«l fntiu nnluml iMmlltiwiiM nnd ituC 
 from the operation of the dnnis iit the outlet.* 
 
 Mr. Davenport added : 
 
 From prevlouM Inforniation, It nui>' be stated thnt the perUxl durlnc whIHi 
 the natural surface level of the I^ike of the WimmH wn.<i ratinblhtlKMl in the mind* 
 Of the early aettlera was prior to the year 1800. during the low ralofkU psriods 
 above mentioned. 
 
 > rabiir nfarlnis, Ksaenu Mpteabtr. leil, p. 184. 
 
 • Final ruhilc Btsrlats. Wlaalpta. I^bnMrr. l*ia, p. 4T4. 
 
 •Report of ConaulUnc BBgl ae<ni (test), Appeodte Vt. 
 
22 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 The Chief of Engineers inquired further, on February 29, 1908, 
 relative to the " natural level of the lake before the construction of 
 the Kat Portage Dam." 
 
 Replying to this inquiry Major Shunk reported on March 3, 1908 : ^ 
 
 There are no records in this office which Avill give any information as to the 
 level of the lake before construction of the Rat Portage Dam, This dam was 
 built In 1898.* The gauge at Warroad was set in 1899, and there are no records 
 before that time. When the gauge was set, the mean level of the lake during 
 the open season was assumed to be 7.2 feet as stated in my letter of Febru- 
 ary 15, 1908. This information was based upon the best available local informa- 
 tion, and subsequent ob.servations have shown that It was very nearly correct 
 and would indicate that the level of the lake has not been greatly changed. 
 
 In his letter of March 18, 1911, Major Shunk stated :* 
 
 It is not a fact that 7.2 level was derived from seji.sons when tliere was an 
 exceptionally high stage of water. It was first assumed in the absence of 
 records from the best Information available, derived from marks and residents 
 about the lake. 
 
 According to the evidence, the submission of the question of the 
 regulation of the levels of the Lake of the Woods 
 ieTeig"*«"d°pro'poMd ^"^ ^^® advautageous use of its waters, and of the 
 diversion led to re- watcrs flowing into and from that lake, is an out- 
 orreferene" '"'"'°" growth of chaugcs and fluctuations in its level which 
 culminated in the low water conditions of 1910 and 
 1911, and of attempts, on the part of certain interests in the United 
 States to divert some of the water from the Lake of the Woods water- 
 shed into Lake Superior. In his report of June 9, 1911, to the Chief 
 of Engineers, United States War Department, Major Shunk stated : * 
 It would be perfectly possible by proper works at the outlet to maintain a 
 good depth of water in the Lake of the Woods at all times. In this particular, 
 however, the interests of navigation and those of power development are directly 
 opposed. ♦ * * It is certainly to be recommended that this matter be 
 brought to the attention of the International Joint Commission. 
 
 After an examination of the Norman Dam, Major Shunk reported 
 on June 30, 1911, that this dam on account of the great leakage 
 through the rock fill.' 
 
 Is undoubtedly one cause, and a very considerable one, of the slow recovery of 
 normal level in that lake. * * * It is my opinion that the rubble mound 
 referred to ought to be made water-tight ; and as the United States has a con- 
 siderable interest in the regulation of lake levels, I recommend that the general 
 question of regulation be referred to the International Commission. 
 
 As the outflow of the lake was not all being utilized there appeared 
 to be no reason why the " rubble mound " of the Norman Dam should 
 
 1 Final Public Hearings, Winnipeg, February, 1916. p. 475. 
 
 * Built in 1893-1895 ; put into operation in 1898. 
 
 » Final Public Hearings, Winnipeg, February, 1916, p. 476. 
 
 * Idem, p. 478. 
 eidem, pp. 478-479. 
 
PINAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 23 
 
 not " be made water-tight " so as to prevent the lake from falling to 
 such a low stage as it did in 1911. The engineers of the War Depart- 
 ment in charge of the St. Paul district, between 1904 and 1911, be- 
 lieved that the level which they desired, viz: 7.2 on the Warroad 
 gauge was about 1 foot below ordinary high water under natural 
 conditions and that consequently no lands would be flooded if the 
 lake were so maintained.^ 
 
 It also appears from certain correspondence which took place be- 
 
 Bireh Lake direr- tweeu the Govemmcnts of the United States and 
 •'"■• Canada that a proposed diversion of the waters of 
 
 Birch Lake in northern Minnesota from the Lake of the Woods 
 watershed to Lake Superior was likewise one of the matters which 
 led up to the reference. 
 
 On December 22, 1910, a report of the committee of the Privy 
 Council of Canada was approved by the Governor (Jeneral. The 
 report sets forth the fact that the city of Winnipeg and other Cana- 
 dian interests had protested against the proposed diversion (the 
 Birch Lake diversion) ; that the International Waterways Commis- 
 sion ^ had reported against the granting of a permit for the diversion 
 without the concurrence of the Canadian (lovernment: that Article 
 II of the treaty is designeil to safeguard interests on one siile of the 
 boundary injuriously affected by such a diversion on the other side 
 of the boundary; that paragraph 3 of the permit granted by the 
 United States Secretary of A\'ar (for the liirch Lake diversion) is 
 doubtless intended to provide such special conditions as will pn>tect 
 private interests on both sides of the lM)undary line: that eitixens of 
 Minnesota are possibly protected by State legislation, but that 
 "special conditions may have to l)o imposed on the company for the 
 protection of property and other private interests ou the (.^inadian 
 side of the international border, so as to provide tlie citizens of 
 Canada the same legal remedies as if the injury done them took 
 place in the State of Miiuusota"; that the (Jovernment desirt»s infor- 
 mation as to " what rights and i-emcilies the citizens of Minnesota 
 will have with regard to the pr«)posed diversion, and what cture- 
 sponding measures are intended to U> taken witit a view to (he etitab- 
 lishment of similar rights, and to provide similar remediM for 
 citizens of Canada." 
 
 In regard to the apprehended injury to navigation the report 
 requests: 
 
 That tlu» rnll»>«l StiitoN (}«)v«'rium<ut ahould Ih» n>*k«'.l \\li.<ih.-r In ti«M«* «i)i'n« 
 thv (llvvrHtnii or ohstnictlon of wiiicr In one ixMintry iim\ Iw i>ri><!inii\«' .«f uijury 
 to niivlKHiion InloreMtf* in the other. |M>rnitNNlon for mioh tUv«r>loo or olMMraciloa 
 Bhnuhi bo crnnttMl until th« Inlernntluniil Joint ComiulMloil provkM tor la tlw 
 
 > KIniil IMhIlr llMrlnn, WtBBlptc 1»1«. p, 4TS. 
 
 •B«l><>r( of intcrniitloBal Wnttrwtya Comilwloa. !•«?. II. IMi. pf^ llt-Sai. 
 
24 FINAL REPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Boundary Waters Treaty has considered and reported upon the effect of such 
 diversions or obstructions upon such interests, with regard to the compensatory 
 worlis necessary to be constructed in each case. 
 
 On December 29, 1910, His Excellency the Governor General for- 
 warded a copy of the report mentioned above to the British embassy 
 at Washington with the request that the matter be brought to the 
 attention of the United States Government with the object of ob- 
 taining an expression of their views on the subject. On August 22, 
 1911, the Acting Secretary of State at Washington replied to the 
 British ambassador stating that : 
 
 The provisions of Article II are regarded by this Government as self-operative 
 as laws and do not require any supplemental legislation to give them effect on 
 this side of the boundary, so that by virtue of this article of the treaty the 
 Canadian interests concerned are already entitled to all the legal rights and 
 remedies which would be extended to them In the l(x;al courts If their cause of 
 action arose within the jurisdiction of those courts. 
 
 I regret that this (Jovernment can not undertake to answer your inquiry as 
 to what are the rights and remedies of the citizens of Minnesota in respect to 
 such a case as the one under consideration for that Is a question that depends 
 to a great extent upon State law rather than Federal law, and falls outside 
 of the jurisdiction of this department, except In so far as the treaty requires 
 that Canadian Interests shall receive the same treatment as similar interests 
 in the State of Minnesota, and on this point the provisions of the treaty are 
 regarded as sufficient In themselves to insure such treatment. 
 
 This Government has also given careful consideration, as requested by you 
 on behalf of the Canadian Government, to the question of whether In cases 
 where the diversion or obstruction of water In one country may be productive 
 of Injury to navigation Interests In the other, permission for such diversions 
 or obstructions should be granted until the Intornationnl .lolnt Commission 
 provided for under the treaty has considered and reported upon the effect 
 of such diversions or obstructions upon such interests and with regard to 
 the compensatory works necessary to be constructed In each case. 
 
 It appears from an examination of the terms of the treaty that no juris- 
 diction is conferred upon the International Joint Commission with reference 
 to waters flowing across the boundary, or which are tributary to boundary 
 waters, in distinction from boundary waters themselves as defined in the 
 treaty, and that, therefore, the commission has no authority to refuse permis- 
 sion to divert or obstruct waters of the description referred to in this Inquiry. 
 That the Canadian Government concurs in this view is evident from the fact 
 that instead of proposing that the desired action be taken under the treaty 
 the proposal comes in the form of a request for the cooperation of this Govern- 
 ment. In the absence of an express treaty provision conferring upon the 
 commission jurisdiction to deal authoritatively with a case involving a diversion 
 of tributary waters it does not seem desirable to this Government that such 
 a question should be referred to the commission because the rights of the 
 interested parties in such cases are conclusively established under the provi- 
 sions of Article II of the treaty and an attempt by the commission to inter- 
 fere in such rights would necessarily be ineffective. Under Article IX of 
 the treaty, however, jurisdiction is conferred upon the commission to examine 
 and report at the request of either party upon all questions not otherwise 
 dealt with in the treaty which involve the rights, obligations, or interests 
 
PINAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 25 
 
 of either party In relation to the other or to the Inhabitants of the other 
 along their common frontier, and It would be agreeable to this Government 
 to take up with the Canadian Government the question of requesting the 
 commission to examine into and report upon a general plan for the improve- 
 ment for navigation and power purposes of all the boundary waters to wJiich 
 the waters referred to in your note are tributary. 
 
 It may also be noted that in 1900 the Government of Canada had 
 under consideration a project for improving the 
 navigation of Rainy River by means of a dam and 
 lock at the Long Sault Rapids. In view of the fact that the propose<l 
 work would extend from shore to shore of an international stream, 
 representations were made in 1908 by the Government of Canada, 
 through the British Embassy, to the United States Government, 
 with the object of obtaining the consent of that Government to the 
 construction of the dam. The Attorney General of the United 
 States, however, was of the opinion that in the absence of a treaty 
 or congressional legislation authorizing the same, such consent could 
 not be given. In 1911 the matter was taken up by the Western 
 Canal Company as a combined power and navigation project, but 
 apparently was eventually abandoned. 
 
 Inasmuch as a complete report "on the facts and circumstances 
 of the questions referred " and full consideration of the numerous 
 questions presented and discussed by counsel for the Governments 
 and interests concerned will necessarily cover a wide range^ the com* 
 mission will first report its conclusions and recommendations in 
 answer to the specific questions of the reference, following the same 
 with a statement of facts nnd circumstances in support of such con- 
 clusions and reconunendations. 
 
IV.— CONCITTSIOWS AND RECOMMENDATIONS: aiTESTION ONE. 
 
 In order to secure the most ndvnntajreous use of the waters of the Lake of the 
 Woods and of the waters flowing Into and from that lake on each side of the 
 boundary for domestic and sanitary purposes, for navigation and transporta- 
 lon purposes, and for fishing purposes, ^nd for power and irrigation pur- 
 poses, and also In order to secure the most advantageous use of the shores 
 and harbors of the lake and of the waters flowing into and from the lake, is 
 it practicable and desirable to maintain the surface of the lake during the 
 different seasons of the year at a certain statetl level ; and, if so, at what 
 level? 
 
 A strict interpretation of the first part of this question would neces- 
 sitate a reply in the negative. In view of the great 
 
 InterpreUtloB. .,.*.*' ... . , ° 
 
 variations in precipitation occurring from year to 
 year, the maintenance of an absolutely uniform level of the Lake of 
 the Woods, over long periods of time, is not practicable, nor is it desir- 
 able, because it would not admit of the most advantageous use of the 
 waters flowing into and from that lake. 
 
 Having in mind, however, the origin of the questions of the refer- 
 ence, it is clear that a " certain stated level " refers nevertheless to a 
 relatively uniform level. 
 
 A careful study of the physical data submitted in the report of 
 
 BegnuuoB dwir- the Consulting engineers, and a consideration of all 
 •'•I*- the interests involved, lead to the conclusion that it 
 
 is practicable and desirable to maintain the lake at a relatively 
 uniform level throughout all ordinary seasons, but that in order to 
 secure the most advantageous use of the waters flo>ving from the lake, 
 it is necessary to permit a draft on the water stored in the lake, in 
 excess of 2 or 3 feet, during periods of exceptional drought occurring 
 about once in 20 years, for the purpose of maintaining a satisfactory 
 outflow; and also to permit the storage of some of the flood water 
 above the ordinary maximum level during occasional years of exces- 
 sive flood inflow. 
 
 Because of the diverse requirements of the various interests, it is 
 The recommended an impossibility to rccommcnd a level or regimen of 
 ^•'*'- levels which would be of equal desirability to all these 
 
 interests. After careful consideration of all the factors entering into 
 this problem, the commission is of the opinion that, subject to proper 
 compensation and protection being provided, for property and inter- 
 ests injuriously affected, the most advantageous use of the waters of 
 26 
 
FINAL KEPOET OF THE INTERNATIONAL JOINT COMMISSION. 27 
 
 the Lake of the Woods and of the waters flowing into and from that 
 lake and of the shores and harbors of the lake, can be secured by 
 maintaining the level of the lake at an ordinary maximum stage of 
 1,061.25, sea-level datum. Whenever the level of the lake rises to 
 1,061.0, sea-level datum, water shall be wasted or conserved as 
 directed by the commission under the system of international super- 
 vision and control hereinafter recommended, and between 1,056 and 
 1,061 water may be drawn from the lake by the appropriate authority 
 in Canada for the benefit of Canadian interests, provided, however, 
 that the level of the lake shall not, even toward the end of a series 
 cl dry years, be drawn below 1,056 sea level datum, without the ap- 
 proval of this commission, and then only on such terms and condi- 
 tions as it may impose. 
 
 The commission is further of the opinion that if the additional 
 storage hereinafter recommended for the Upper Rainy watershed is 
 provided, the ordinary maximum level can be slightly increased with- 
 out injury to any interests on the lake and with material benefit to 
 the water power interests both at and below the outlets. This can 
 be done within the limits of flowage rights to contour 1,064. 
 
 The term " level of the lake " wherever used in this report shall be 
 construed to mean the level of the open lake unaffected by wind or 
 currents. 
 
v.— CONCLUSIONS AND RECOMMENDATIONS: aUESTION TWO. 
 
 If a certain stated level is recommended in answer to question 1, and if sucli 
 level Is higher than the normal or natural level of the lake, to what extent, 
 If at all, would the lake, when maintained at such level, overflow the lowlands 
 upon Its southern border, or elsewhere on its border, and what is the valu*» 
 of the lands which would be submerged? 
 
 The average controlled level of the Lake of the Woods between 
 1802 and 1916 was 1,059.82. The average level 
 .J.rrd""i;.M iZ ^^•^'•^I^ ^o^l^ have prevailed during the same period 
 prmeiit rontroiied ind of years, if the outlets had remained as in a state of 
 utT'*" "*"'•* nature, is 1,056.77 or practically 3 feet lower. Ordi- 
 nary high water, from the viewpoint of the rights of 
 the riparian owners, is dependent upon the level which prevails 
 during the planting, growing, and harvesting season. For the pur- 
 pose of this report, we have adopted the mean of all levels above the 
 average summer level prevailing between June 1 and September 30 
 as mean or ordinary high water. On the basis of comparison of 
 ordinary high water the recommended level of 1,061.25 is 2.23 feet 
 higher than the computed natural level of the lake, and 0.03 feet 
 lower than the actual level which has prevailed during the past 24 
 years of partial control. 
 
 An examination of figure 1, showing the frequency of various 
 summer lake levels, indicates that the recommended ordinary maxi 
 mum level would be much more uniform than either the natural 
 level or the level that obtained under the control exercised in the 
 past, and that under the proposed regulation exceptionally high 
 water would have occurred less frequently than in the past 24 years 
 and would have never exceeded the extreme high-water marks shown 
 on the rocky shores of the lake, at an average elevation of 1,062.5, 
 even in a season like 1916, when the stage actually rose to 1,064. 
 
 If the regimen of lake levels which would prevail under the recom- 
 mended system of regulation were exactly similar to the regimen 
 of levels prevailing in a state of nature and under the past control, 
 then a comparison of the ordinary high-water levels under these 
 different conditions would give a correct measure of the relative 
 amounts of land submerged and injuriously affected under these 
 conditions. Under the recommended system of regulation, however, 
 the ordinary high-water level will prevail for a much greater pro- 
 portion of the time, and hence land lying above ordinary high- 
 28 
 
PINAL EEPOET OP THE INTERNATIONAL JOINT COMMISSION. 29 
 
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 1 1055 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 Sc 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 L 
 
 1054 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 " 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 105"^ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 V 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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 L- 
 
 25 50 75 
 
 PER CENT OF TOTAL TIME 
 
 1833-1316 
 
 too 
 
 FREQUENCY CURVE OF 
 ACTUAL, NATURAL AND RC6ULATC0 LEVELS 
 LAKE OF THE WOODSCJUNE TO SEPT INCL) 
 
 no. I 
 
 reguhition applied under the hydroh»gic«l conditions which prrvailed 
 (hiring the past 24 ye&n, the lake level would hftTe been below 
 l,(Mn.() only 40 per cent of the time, whereat it totiiaUy wee below 
 UuH level 70 pi>r cent of the time. 
 
30 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Although the increased discharge capacity of the western outlet of 
 Riparian lands «f- the Lake of the Woods, recommended in answer to 
 '"^**'- question three, will greatly increase the physical 
 
 power of control over the flood waters of the lake, and will abso- 
 lutely prevent the lake from rising to any such level as it attained 
 during the flood of 1916, nevertheless, the contingency of still 
 greater flood inflows into the lake than during the past 25 years 
 must be provided for as a reasonable " factor of safety." Moreover, 
 during high northeasterly winds, the southerly portion of the lake 
 occasionally rises a foot above the mean lake level for portions of a 
 day and sometimes longer. Allowance must also be made for seep- 
 age effects and coldness and sourness of soil resulting from proximity 
 of the water table. In view of these considerations, it is believed 
 that all land lying below the 1,064 contour will be either submerged 
 or injuriously affected under the proposed regidation and main- 
 tenance of the recommended level. 
 The expression " normal or natural level " has been given at least 
 Normal or natnrai two interpretations by the parties to the reference 
 **"*'• and other interests. On the one side, it was con- 
 
 tended that the expression means the lake stage which had pre- 
 vailed so long as to have become the normal level at the time the 
 reference was submitted. On the other it was argued that the expres- 
 sion means the level which prevailed on the lake in a state of nature 
 before the outlets were obstructed. The commission has adopted 
 the latter interpretation. It has concluded that the reconmiended 
 level of 1,061.25 is over 2 feet higher than the " normal or natural 
 level " of the lake, and that all lands lying between the 1,064 contour 
 and the 1,059 contour, which the commission believes fairly repre- 
 sents ordinary high water under natural conditions, will be either 
 submerged or injuriously affected at the recommended level. How- 
 ever, since the meander line established by the United States land 
 surveyors was believed to be ordinary high water at the time the 
 surveys were made, and the riparian owners' titles extend down to 
 this line, the commission further recommends that all private lands 
 between the 1,059 contour and the meander line be also considered 
 as lands which will be submerged at the recommended level. 
 
 The total area of affected lands between the old meandered shore 
 line and the 1,064 contour is 23,968 acres in the 
 United States and 40,792 acres in Canada. Of the 
 United States land 13,504 acres and of the Canadian land 4,671 
 acres were in private ownership or had been filed on, on December 
 31, 1915.^ The commission is of the opinion that unoccupied lands 
 in territory far removed from settlement, especially in the watershed 
 under consideration, have at the present time no particular value be- 
 
 iThe total acreages In Canada and the United States on Dec. 31, 1916, were substan- 
 tially the same as those given for Dec. 31, 1915. 
 
Plate 7. 
 
 o, FLOODED FAUM, SOUTH SHORE. 
 
 6, LUMBER SLIDE, UPPER WATERSHED. 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISfilON. 31 
 
 yond that of the timber that may be found thereon. It is, however, 
 aware that the minimum prices at which public lands have been 
 offered for sale are as follows: Minnesota State lands $5 per acre, 
 Canada Federal lands $3 per acre, and United States Federal lands 
 $1.25 per acre. Counsel for Ontario has stated to the commiasion 
 that that province is willing to accept a nominal value for its huid, 
 provided the other Governments concerned are willing to do like- 
 wise. Assuming, therefore, a nominal value of $1 per acre for all 
 public lands affected in both countries, the commission estimates the 
 aggregate value of the United States land injuriously affected by the 
 proposed regulation of the Lake of the Woods to be $163,957 and of 
 the Canadian land similarly affected $80,877. These estimates in- 
 clude the value of all improvements on privately owned lands, such 
 iiS buildings, fences, roads, and ditches that would be affected by the 
 proposed regulation.^ 
 
 In addition to compensation for flowage over the improved agri- 
 other property cultural and wild lands, the commission finds that 
 riKhte afeeted. provisiou will have to be made for the removal of 
 
 buildings and loss by erosion of lands along the high banks on 
 the lake shore where no actual flowage results. It also appears 
 that some outlying lots in the municipality of Warroad will be 
 injuriously affected at the recommended level. It will also be neces- 
 sary to protect the banks of Warroad River from erosion and to 
 relocate, raise, and rip-rap the railway embankment east of the town 
 so as to make it serve as a protection against surface flooding of the 
 higher lands in and around Warroad, particularly during high wind. 
 There will be some additional expense to Warroad on account of 
 increased cost of operating and maintaining its sewerage qrstom. In 
 view of the very slight fall in the Rainy River as it approaches I.<ake 
 of the Woods, some minor protection will be required to public and 
 private interests along the water front in the vicinity of Baudette, 
 ftlinnesota, and Rainy River, Ontario, on opptKsito aides of Rainy 
 River, and about 12 miles up-strenm from Lake of the Woods. Ths 
 commission estimates that the total amount required as oompensalioii 
 in all these cases would not exceed $115,000. 
 
 Since the recommended ordinary maximum level is substantially 
 equal to mean high water of past years and the oocaaional flood sUfss 
 will Im niatorially lower, the commisBion does not consider th« pro> 
 posed regulation disadvantageous to the rampeni and owners of 
 islands and summer homes, boathouses, and docks around the lake. 
 All improvements of the character mentioned have been made in 
 conformity with the prevailing stage. It is believed tlie propond 
 regulation is in no way detrimental to existingsand beeches, alth(PO|^ 
 it is recognized that a lower level would ezpoee a greater area of these 
 beeolies. 
 
 *rw SvtalM ta«»m*ttoa M to luS valvM. ■•• w^ eS-eit 
 
 iasoie-17 — s 
 
VI.— GONCITJSIOHS AND BECOMMEND ATIONS : QUESTION THBEE. 
 
 In what way or munner. Including the constractlon and operation of dams or 
 other works at the outlets and Inlets of the lake or In the waters which are 
 directly or indirectly tributary to the lake or otherwise, is it possible and 
 advisable to regulate the volume, use, and outflow of the waters of the lake 
 HO as to maintain the level recommended in answer to question 1, and by 
 what means or arrangement can the proper construction and operation of 
 regtilatlng works or a system or method of regulation be best secured and 
 maintained in order to insure the adequate protection and development of all 
 the interests involved on both sides of the boundary, with the least possible 
 damage to all rights and interests, both public and private, which may be 
 affectetl by maintaining the proposetl level? 
 
 In determining how the recommended level can be bast maintained 
 How remuttoa mMj and the most advantageous use of the waters of the 
 b« eCMtod. Lake of the Woods and of the waters flowing into 
 
 and from that lake be best secured, the commission has, in accordance 
 with the suggestion of the reference, considered the possible utiliza- 
 tion of existing dams and regulating works both at the outlets of the 
 Lake of the Woods and in the waters directly or indirectly tributary 
 thereto. It has also considered to what extent further dams and 
 regulating works, additional reservoir storage capacity, and changes 
 in the discharge capacity of the several lake outlets are necessary or 
 desirable to aid in accomplishing the end sought. 
 
 Under existing physical conditions the discharge capacity of all 
 EaUrfiBK tk« oit* the outlets of the Lake of the Woods at a level of 
 ^•*^ 1,061, including water discharged through the power 
 
 plants, is about 32,000 c. f . s. This discharge capacity, even if utilized 
 to its full extent, and even in seasons of little more than ordinary 
 precipitation on the watershed, will not admit of the discharge of 
 water at a rate sufficiently high to prevent the level of the lake from 
 rising to an elevation of 1,062, nor prevent it from rising as high as 
 1,064 during seasons of extraordinary precipitation, such as 1916, 
 unless the lake is drawn down so low every spring as to preclude the 
 possibility of advantageously utilizing the waters flowing from the 
 lake. 
 
 The first requirement, therefore, for the maintenance of the recom- 
 mended level is an increase in the outflow capacity of the Lake of 
 the Woods to a total of about 47,000 c. f . s. at a stage of 1,061. This 
 is about 13,000 c. f. s. greater than the natural discharge at the same 
 stage. The cost of providing the increased outflow capacity mainly 
 32 
 
FIl^AL BEPORT OF THE INTERNATIONAL JOINT COMMISSION. 33 
 
 through rock excavation in the western outlet would be approxi- 
 mately $175,000, depending largely upon the circumstances under 
 which the work is done. Whether or not it will, at any time, be nec- 
 essary to utilize this outflow capacity to the full extent will depend 
 largely upon the foresight that is exercised before the reservoir 
 storage capacity of the lake has been exhausted. When it is so 
 utilized, however, some loss will result to the power interests at the 
 outlets of the lake ; and some riparian lands, boathouses, and other 
 structures on the Winnipeg River between the lake and Minaki* 
 will be damaged. 
 
 The estimated cost of compensating existing power interests at the 
 outlets for the loss of head and permanently protecting them against 
 flooding due to possible high tail-water stages resulting from the 
 utilization of the full discharge capacity of the lake, is approxi- 
 mately $26,000, and the cost of flowage rights required on the 
 Winnipeg River below the outlets is approximately $30,000. 
 
 The regulation of the outflow from the Lake of the Woods involves 
 
 Tk« e»Btr«iiiac the use of controlling works. The present Norman 
 ''•'^^ Dam in the western outlet is well adapted to such 
 
 use. Although built for power purposes, it has sufficient wasteway 
 capacity to discharge all the flood water that need ever be drawn 
 from the lake through this outlet.' 
 
 Out of a total flood discharge of 47,000 c. f. s. at a atega of 1^1 
 it is proposed to pass 40,000 c. f. s. through tliis outlet, as agaiaat 
 29,000 c. f. 8. under natural conditions. About fiOO c f . a. can be 
 passed through the old Keewatin Lumber & Manufacturing Com- 
 pany's headworks, which require replacement in any event, and 6J)00 
 c. f. s. through the Keewatin mills and the Kenorn power plant after 
 the latter has been remodeled as suggested later. Them plants should 
 be arranged so that the turbinas caik be rmi continuously at full gale 
 in time of flood or blocked with the gatea wide open. 
 
 Inasmuch as any power plant operating at the Norman Dam ate 
 might reasonably be exix>ctod to provide suflicient wastawsy capacity 
 in the dam to pass the natural flooil flow ol about 88/)00 c. f . a. at a 
 lake stage of 1,001, only an additional wasteway capac^ of 11,000 e, 
 f . 8. is requii*ed to permit of the proposed regulation in the e\'«iit that 
 eKiiting waateways or flumea of equivnhuit rniiacity aia in tha loCara 
 utiliied for water-power purpooes. Although tha prnpaarf **>»*— »*J 
 ealargements will enhance the value of tlie Norman Dam aa a walar- 
 power aite by increatiing the avaiJabk head, tha itiwhaign ol mora 
 water than would pass through the wcatem outlet in a alataaf nature 
 wiU daoiaaaa tha head and to that extant daptariata tha 
 
 I Report of CoonuUlBg Knstawrs (^N«). Pkite tli 
 •ld«a. riato ST. 
 
34 FINAL REPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 value of the site. On the whole, the proposed regulation will sub- 
 stantially increase the value of this site over what it would be under 
 natural conditions. It will be necessary, then, merely to provide the 
 equivalent of the cost of wasteway capacity for 11,000 c. f. s., esti- 
 mated at $60,000, and to acquire the right to control all the regulating 
 works at the outlets in time of flood so as to permit the discharge of 
 47,000 c. f . s. through all outlets at a stage of 1,061 if this should ever 
 be required. The additional wasteway capacity will not be actually 
 needed unless a water-power plant is built at the Norman Dam. 
 If the questions of the reference were limited to the maintenance 
 Eiiuaiisiif ue •uu of a reasonably uniform level on the Lake of the 
 **^- Woods, that end could be attained by acquisition of 
 
 the necessary flowage rights and the provision of the necessary 
 controlling works just indicated. The most advantageous use of 
 the waters of the lake, however, can only be secured by equalizing 
 the outflow so far as practicable. Under the circumstances sur- 
 rounding power development on the Winnipeg River, there is little 
 likelihood that these water-power interests will ever, in the future, 
 develop more than the dependable outflow from the lake. These 
 considerations make it highly desirable to provide the greatest de- 
 pendable outflow that can be economically secured. The dependable 
 outflow increases with the available reservoir storage, although at a 
 flecreasing rate. The most advantageous use of the waters flowing 
 from the lake, then, can be secured by providing as much storage 
 capacity as the resulting increase in dependable outflow will warrant. 
 Outside of the Lake of the Woods itself, the largest available 
 uies of prMCBt Vp- Storage reservoirs are Rainy Lake and the system, 
 per Bainr itorkge. of lakcs Controlled by the dams at Kettle Falls. 
 There is at present a total of a little over 100 billion cubic feet 
 of storage capacity available on these lakes. The most advan- 
 tageous local use of this storage capacity in equalizing the out- 
 flow from Rainy Lake for the purpose of developing water power 
 at the existing plants at International Falls and Fort Frances can 
 be secured by discharging approximately 10,000 c. f. s. whenever 
 stored water is available and there is a market for the product of 
 the mills. This use of the available storage increases the dependable 
 outflow from the Lake of the Woods by only a few per cent over 
 what it would be if Rainy Lake were in its natural condition, and 
 will not permit of as advantageous a use of the waters flowing from 
 the Lake of the Woods as would the discharge of stored water from 
 Rainy Lake at a rate of approximately 8,000 c. f. s. The records of 
 the past 24 years indicate that the latter rate of discharge would 
 assure that the Rainy Lake and Lake of the Woods reservoirs are 
 full at the beginning of a dry period of years, and would result in 
 
Plate 8. 
 
 PITHERS POINT, FORT FRANCES. 
 
PINAL REPOBT OF THB INTBmNATIONAL JOIKT COMMIBftlOK. 35 
 
 an increase in the dependablt outflow from th« Lake of the Woods 
 of about 1,000 c. f. s., or 10 per cent. Such regulation of the outflow 
 from Rainy Lake, including control over the existing dams at the 
 outlets of that lake and Lake Namakan, and including the release of 
 stored water when required on the Lake of the Woods, while increas- 
 ing the potential water power on the Winnipeg River by about 
 25,000 horsepower, would result in a loss of substantially 1,000 horse- 
 power at International Falls and Fort Frances. 
 
 Aside from the change in the method of regulating the outflow 
 
 iBcreued it or age ^^om Rainy Lake, increased storage on that lake and 
 OB ipper reterrotn on the lakes above Kettle Falls will also increase 
 <ieiir.bie. ^^le dependable outflow from the Lake of the Woods. 
 
 The commission is of the opinion that subject to proper com- 
 pensation and protection being provided for property and inter- 
 ests injuriously affected, it is desirable to acquire 25 billion cubic 
 feet of additional storage on Rainy Lake and 20 billion on the 
 lakes controlled by the Kettle Falls Dama It, however, recognizes 
 the fact that the power companies at International Falls and Fort 
 Frances, which provided the existing storage on these I'eservoirs, 
 and have the right to the maximum advantage legally obtainable 
 therefrom, may not be able to meet alone the cost of the sug- 
 gested additional storage. It is also aware that the water powers 
 in the Winnipeg River h^ve not reached thit point in their de 
 velopment where they requir* any advantage from such tddi 
 tional storage. At the same time, the commission believes that in 
 view of the probably rapid increase in the cost of obtaining thia 
 additional storage in the future it would be desirable to arrange for 
 the early acquisition of same upon some equitable basis by which 
 the cost would be apportioned between all the interesti oonoemed. It 
 further believes that, as far as possible the two (SoTenunenta, rapcc- 
 tively, should reserve a flowage easement over all public riparian 
 lands around the larger lakes on the watenhed in both conn^es to 
 an elevation of at least 6 feet above extreme natural high-water 
 mark, or to such other elevation as after investigation they may agree 
 upon. 
 
 It is difficult to detennine the cost of this additional storage on 
 Rainy Lake in view of the fact that the eziidng storage has not yet 
 IxH^n settled for by the power companies at International Falls and 
 Fort Frances, and much will depend upon the character and stability 
 of improvements along the water front at Fort Frances, Ranier and 
 International Falls. 
 
 Believing, however, from an examination of existing condition.* 
 (hat thr cost of additional flowage rights around Rainy Lake t«> 
 an elevation of 601, public works datum, and all additional prdsc- 
 
36 FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 tion to the towns of Fort Frances and International Falls, the vil- 
 lage of Ranier, and to all industrial and commercial interests con- 
 cerned, together with such protection of the Canadian Northern 
 Railway as will be at least equal to that now enjoyed by this im- 
 portant interest, and all additional flowage rights around Namakan 
 Lake and the other lakes above Kettle Falls to an elevation of 516, 
 public works datum, and the protection of all interests around 
 these lakes, will be materially less than the value of the water power 
 which this additional storage will produce on the Rainy River and 
 the Winnipeg River combined, when the demand for such power 
 exists, the commission recommends that the ordinary maximum level 
 of 499.5, public works datum, be adopted for Rainy Lake and 515, 
 public works datum, for the Namakan Lake system, with an addi- 
 tional half foot for flood reserve on Rainy Lake, in order to obtain 
 the further storage of 45 billion cubic feet and thereby secure a more 
 advantageous use of the waters of the I^ake of the Woods and tlie 
 waters flowing into and from that lake. 
 If this additional storage above indicated together with that now 
 Beraiti leeired ^^vailable Were utilized primarily for equalizing the 
 witk iMreued lUrage. outflow f rom the Lake of the Woods and maintaining 
 the recommended level, it would increase the avail- 
 able power at International Falls and Fort Frances above that now 
 available by about 700 horsepower, making a total of about 30,000 
 horsepower on the Rainy River when the potential power of about 
 9,000 horsepower at the Long Sault Rapids is added, and it would 
 increase the potential water power on the Winnipeg River by nearly 
 50,000 horsepower, or about 20 per cent more than that which would 
 be available on this stream with the natural outflow from Rainy 
 Lake and a range of about 6 feet in the levels of the Lake of the 
 Woods. Assuming the entire 150 billion cubic feet of storage capacity 
 on the Upper Rainy watershed utilized primarily for the purpose 
 of increasing the available water power on the Rainy River, then 
 there will be an increase of about 2,500 horsepower over that now 
 available, making an aggregate of about 32,000 horsepower on the 
 Rainy River when the potential power at Long Sault Rapids is in- 
 cluded, and an increase in the total potential water power on the 
 Winnipeg River of not less than 17,000 horsepower over what would 
 be available with the natural outflow from Rainy Lake. Further 
 increases in storage capacity will result in additional increases in de- 
 pendable outflow from the Lake of the Woods and Rainy Lake, and 
 while there will be decreasing returns from further investments in 
 storage the limit of economical development possibly will not have 
 been reached until more than 200 billion cubic feet of total storage 
 capacity will ultimately have been provided on the upper watershed. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 37 
 
 The commission recommends that it be authorized to exercise super- 
 vision and control over the operation of all dams and 
 ^Mon'ni^onLoL*'' regulating works extending across the international 
 boundary ; the dam and regulating works across the 
 Canadian channel at Kettle Falls; and the dams and regulating 
 works at the outlets of the Lake of the Woods when its level rises 
 above 1,061 or falls below 1,056, sea level datum. Between these levels 
 supervision and control shall be exercised by the appropriate author- 
 ity in Canada for the benefit of Canadian interests. 
 
 In the case of regulating works at the outlets of Rainy and Nama- 
 kan Lakes the proposed international supervision and control shall 
 l)e exercised with a view of protecting all rights and promoting the 
 development of all interests, both public and private, on Rainy 
 River and on the lakes controlled by such works, and also with a 
 view of providing sufficient storage capacity in the lakes and dis- 
 charging water therefrom at a rate which will prevent those lakes 
 from exceeding the level of 497 for Rainy Lake and 508.5 for Na- 
 inakan Lake. After the additional storage of 45 billion cubic feet 
 herein recommended has been provided, the recommended extreme 
 maximum level for Rainy Lake is 500 and for Namakan Lake is 
 515, public works datum; provided, however, that in securing stor- 
 age capacity and in determining the rate of discharging water from 
 the said lakes due consideration shall at all times be given to the level 
 prevailing on the Lake of the Woods. 
 
 Until the outlets have been enlarged as recommended herein, the 
 commission believes the levels of the lake should ordinarily be held 
 at an elevation of 1,060.5, and that it should have authority to advin 
 the Government of Canada, within whose territory the outlets are 
 situated, as to increasing the discharge from, or conserving the waters 
 of the Lake of the Woods, whenever it believes such changes in the 
 existing regulation are necessary in order to safeguard intematiooal 
 interests. 
 
 Furthermore, the commission is of the opinion, for the purpose of 
 regulating the waters of Rainy Lake and the lakes controlled by 
 Kettle Falls Dams, that it should at once be vested with authority to 
 ezerdse control over all structures and regulating works eztandinc 
 across the international Imundary and the Canadian channel at 
 Kettle Falla 
 
 The recommended international miper^'ision and control shall be 
 administered in such manner as this commission may from time to 
 time deem necessary to protect and promote the development of all 
 interests involved in both countries. The commisskm shall be sb* 
 powered to appoint and to fix the salaries of two eDfinMn» ons from 
 each oountry, who shall act as its representatives> under waA mtei 
 
38 PINAL REPOBT OF THE INTEENATIONAL JOINT COMMISSION. 
 
 and regulations as it may prescribe, for the exercise of said super- 
 vision and control. 
 
 All reasonable and necessary expenses incident to the administra- 
 tion of the recommended supervision and control, including the 
 salaries and expenses of such engineers, should be paid in equal 
 moieties by the two Governments. 
 
 It is further recommended that, as a matter of sound international 
 policy, neither Government should permit the permanent or tem- 
 porary diversion out of the watershed of any waters within its 
 jurisdiction which are tributary to the boundary waters under con- 
 sideration, without first referring the matter to the commission for 
 such recommendation as it may deem appropriate. 
 
Vn.-^XrMMAEY OF CONCLUSIONS AND BECOMMENDATIONS. 
 
 Question I. The commission answers that it is practicable and de- 
 sirable to maintain the surface of the Lake of the Woods at a relatively 
 uniform level throughout all ordinary seasons. In order to secure 
 the most advantageous use of the waters of the lake, and of the waters 
 flowing thereinto and therefrom, and of the shores and harbors of 
 the lake, for the purposes stated in this question, the commi88i<Hi 
 recommends that the waters of the lake be maintained at an ordinary 
 maximum stage of 1,061.25 sea level datum, with a range from 1,056 
 to 1,062.50 representing, respectively, the extreme low level and the 
 extreme high level. These extremes, however, in the opinion of the 
 commission, will be reached only in years of excessive drought and 
 of excessive precipitation. The commission also contemplates that in 
 extreme low water years the water of the lake may be drawn below 
 1,056, but only with its approval and upon such terms at it may im- 
 pose. The commission, as stated in this report, also considers that 
 with proper storage and after experience has l>een gained in regula- 
 tion, the ordinary maximum level of 1,061.25 may he slightly in- 
 creased. 
 
 Question II. The commission answers that the ordinary maxiinum 
 level of 1,061.25, which it recommends, is 2.28 feet higher than the 
 computed normal or natural level of the lake. Considering not only 
 the low lands actually overflowed on the southern border of the Lake 
 of the Woods or elsewhere on its border, but also the lands injuriously 
 affected above the recommended ordinary maximum level through 
 occasional flooding, wind effects, and .seepage, the commission has 
 concluded that flowage should be obtained up to contour 1,064, sea 
 level datum. The commission therefore finds that the areas, with 
 values as at December 81, 1915, for which flowage rights should be 
 obtained, are as follows : 
 
 UnlUHl SUtM, 28,068 acres, value $108,967. or Mgr fltitM 
 
 C'anada, 40,792 acres, value $80,877, or aay . SL,iOO 
 
 The commission estimate's that the cost should noi icxd $116,000 
 for the following: 
 
 (1) The removal of buildings and ounpaoattion for loss of high 
 land by erosion along the south shore of the lake in llinneaota. 
 
 (2) The necessary protection of the town of Wairoad, including 
 town lots submerged or injuriously affeoled. 
 
40 FINAL REPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 (3) The necessary protection along water front in vicinity of 
 Baudette, Minnesota, and Rainy River, Ontario. 
 
 About $5,000 of this estimate is for protection on the Canadian side 
 of the boundary at and near Rainy River; the balance, $110,000, is 
 for lands and protective works in Minnesota. 
 
 Question III. The commission answers that it is both possible and 
 advisable to regulate the volume, use, and outflow of the waters of the 
 Lake of the Woods, as well as to insure the adequate protection and 
 development of all the interests involved on both sides of the bound- 
 ary, in the following manner : 
 
 (1) By increasing the outflow capacity of the Lake of the Woods 
 to 47,000 c. f. 8. at a stage of 1,061, sea level datum, costing about 
 $175,000; and by compensating interests at the outlets and on the 
 Winnipeg River, involving about $25,000 and $30,000, respectively. 
 The Norman Dam in the Winnipeg River should be used for regu- 
 lating purposes, and the cost of securing such use will have to be 
 included. Should it be used for power as well as regulating pui-- 
 poses, then the necessary additional waste-way capacity will cost 
 about $60,000. 
 
 (2) By taking advantage of the existing reservoir capacity of 
 something over 100 billion cubic feet on Rainy Lake and the lakes, 
 immediately above Kettle Falla 
 
 (3) By enlarging these reservoirs as soon as the demands for 
 power warrant, so as to be able to store an additional 45 billion cubic 
 feet — the cost of which Ls difficult to estimate at the present time. 
 
 (4) By international control of all dams and regulating works ex- 
 tending across the international boundary, also the dam at Kettle 
 Falls in the Canadian channel, and, when the level rises above 1,061 
 or falla below 1,056, sea level datum, the dams and regulating works 
 at the outlets of the Lake of the Woods. 
 
Vni.— DISCUSSION OF FACTS AND CIECUMSTANCES IN SUPPOBT 
 OF BECOMMENDATIONS. 
 
 QUESTION ONE. 
 
 The first question of the official reference deals with the desira- 
 bility and practicability of regulating the level of the Lake of the 
 Woods for the purposes stated in the reference. 
 
 Numerous and diverse interests, both large and small, are in vary- 
 ing degrees dependent upon these waters. Navigation, agriculture, 
 logging and lumbering, fishing, summer outing, water supply and 
 sewage disposal, water-power development, and manufacturing may 
 here be mentioned as the chief interests which must receive consid- 
 eration. 
 
 UBiforaicTcir.ari. Regulation of the level of the Lake of the Woods 
 form oBtioH. may, broadly speaking, have in view two objects: 
 
 1. To secure as nearly uniform lake levels as possible through a 
 period of years, irrespective of the effect of such regulation on the 
 outflow. 
 
 2. To secure as nearly uniform outflow from the lake M ponible, 
 with only such incidental equalization of levels as is c oi Hiii fl Mit with 
 this object. 
 
 Both imiform level and uniform outflow could Iv obtained only 
 if the inflow into the Lake of the Woods could be completely 
 equalized. Since physical limitations are such that a large portion 
 of this inflow must always remain uncontrolled, both unifonn lerel 
 and uniform outflow can not be secured. 
 
 Any method of regulation which aims to secure either unifonn 
 level or unifonn outflow, or any combination of the two, will affect 
 the various interests involved in different ways. No single method 
 or combination of methods of regulation will be dmmA advantageous 
 to all of the several interests, cwisequently ^Uhe most advantegMmt 
 UHe '' of the waters, shores, and harbors of the lake and of the watan 
 flowing into and from tlie lake must be considered to be that fepre> 
 sonting the maximum aggregate advantage to all inieresU involved. 
 
 Riparian Umdt, 
 
 The most desirable level for the agrieulturnl intcr<»sts around 
 
 ii*i«uti*a .ffHia* thr I>nke of the Woods is a low lovol. Thcee interaili 
 
 t\9%Hmm um*». q^^ ^^^ (lirootly oQiMamed eitlier in the ontHow or 
 
 in tho fluctuation in lake level, ao long as the ht^iest level to whieh 
 
 the lake is permitted to rin it a low oM. If tin ontifli were tnlaried 
 
 41 
 
42 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 with a view to lowering the lake as much below its natural level as 
 practicable, only about 5,000 acres of additional United States land 
 would become available for use. Much of this land is covered with 
 more than a foot of peat Aegetation. The cost of so lowering the 
 lake, considering only the required enlargement of the outlets and 
 additional dredging in tlie harbors on the United States side, would 
 be equivalent to more than $60 for every acre of land reclaimed. 
 
 Maintaining the lake at a low level is clearly uneconomical, even 
 from the viewpoint of the agricultural interests; and when the other 
 interests involved are considered, it becomes apparent that, looking 
 to the uses that will procure the best results, riparian lands are more 
 valuable for flowage purposes than for agricultural purposes. When 
 compensation is allowed for the right of flowage, and eroding banks 
 are protected, agricultural and other riparian interests around the 
 lake are, within reasonable limits, about as well served by one level 
 as by another. 
 While the riparian owners on the lake are affected by the levels 
 
 proposed, riparian owners on the Winnipeg River are 
 iMdriioi'D^luu."**^®*^*®*^ ^y *^® proposed rates of discharging flood 
 
 water. A fair basis from which to measure compen- 
 sation to these interests would be ordinary high-water mark under 
 natural conditions. The improvements on these riparian lands con- 
 sist primarily of docks, boathouses, and cottages built during low- 
 water years. Many of these structures are below natural high-water 
 mark. However, if full compensation is paid for the necessary re- 
 modeling of structures and flowage over improved agricultural lands, 
 the total cost would be about $30,000. The cost of these flowage 
 rij^hts would be independent of the level adopted for the lake. 
 
 Navigation and Iv/mhering interests. 
 
 Navigation on the Lake of the Woods consists principally of the 
 towing of logs and the transportation of freight and 
 
 Draft of boati. ^ ,^^ , ,. ,, -^^ . ^ ■, 
 
 passengers by steam and gasoline boats. Most of the 
 gasoline boats are of relatively light draft, requiring from 2^ to 4 
 feet of water. Most of the steamboats vary in draft from about 4 
 to 6 feet, a few of the larger boats being reported as drawing from 8 
 to 10 feet of water.* 
 
 The effect of various levels on the navigation and the summer- 
 Korth-skore snm- resort interests, in the vicinity of Kenora, is in a large 
 merresorta. measure determined by the depths in the various 
 
 navigation channels and harbors of the lake, by the available depths 
 of water leading into the boathouses, and by the elevation of the boat- 
 house floors and the tops of docks. Information relating to boat- 
 houses and docks is summarized in the frequency curves of plates 141 
 
 * See appendix to this report, p. 235 et seq. 
 
Plat« 9. 
 
 UiaU WATER AT FORT FRANCBtf. 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 43 
 
 r 
 
 and 142, report of consulting engineers, and the detailed data are 
 filed in the offices of the commission. It appears from these curves 
 that the tops of all docks in the vicinity of Kenora and Keewatin are 
 at or above an elevation of 1,061, sea-level datum, and that the boat- 
 house floors are all above an elevation of 1,059.5, over 90 per cent of 
 them being above 1,061. Only about 60 per cent of both docks and 
 boathouse floors, however, are above elevation 1,062. 
 
 The lumbering interests are affected by the levels of the Lake of 
 LBMberiBff oper«- the Woods mainly in so far as the stage of the lake 
 t'o"*- has a bearii. LT on the facility with which logs can 
 
 t>e taken out of the various bays and inlets, and then towed across 
 the lake and hoisted into the mills by means of jack ladders. In low 
 water the towing channels become narrower and more difficult of 
 navigation with log booms, through the protrudence of reefs above 
 the water surface. The cost of handling logs in the log ponds of the 
 mills is also increased.^ 
 
 Low stages, that is, stages below about 1,058, will also require 
 additional dredging in harbors and navigation chan- 
 nels in various portions of the lake. At the hearing 
 in January, 1914, in Washington, Colonel Charles L. Potter, United 
 States Army, in charge of the district which includes the United 
 States portion of the Lake of the Woods, testified that the cost of 
 dredging the harbors of Zippel and Warroad was $9,600 per fool 
 increase in depth.' 
 
 At the public hearings, 1916, Mr. W. J. Stewart, chief hydrog- 
 TMtiMoay reffmrdiac rapher, spcakiug for the Dominion Government, 
 dfiirabu UTeu. stated that an occasional low level of 1,056 could be 
 
 accepted and that an ordinary level of 1,060.5 would be desirable for 
 the navigation interests, but that 1,061.0 was not objectionable, except 
 in so far us it might make it difficult to prevent the lake from exceed- 
 ing 1,062.5 in seasons of extreme flood.* 
 
 This statement was ba.se<l on an assumed outilow capacity of 40,000 
 c. f. s., and later through counsel for the Dominion GovemnMnt 
 Mr. Stewart reconunonded 1,061 as tlie *'si)illing point."* 
 
 The commission has recommended an outflow capacity of A7fiOO 
 c f . 8. to guard against the cxtrtMue high stage mentioned, coPie 
 (]uently the recommended ordinary niaxiniuni level of 1,061^ would 
 meet the navigation requirements of the Dominion Govenunent. 
 Counsel for the Ontario Government rtMiuestod that the minimum be 
 set at 1,066.' 
 
 « KurtlMr llibllc lUmrlovi. Kpnoni. OaUrlo. H«ptMnlwr. 101 A. i>|>. 40«. 431. 434, Ml. 
 ■tno. 
 
 •llMrtni* and ArKamcntH. Uniilor Wlnnlp«K Wntrr DUlrWl. W«*liltt<ia<i. Umtmrt, 
 in 14. p. (U>. 
 
 •Final I'liMIc llMrlu«a. Wluulprs. bVUiuary. lOie. |>. 43^. 
 
 « Final ArKtiincnit. Waahlnitlon. April. 1010. p. 3&'i. 
 
 •M«ni. p. aSO. 
 
44 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 Mr. Thomas it. Deacon, speaking for the summer resort interests, 
 .stated that a range of levels between 1,061 and 1,058 would be satis- 
 factory to these interests.^ 
 
 Major E. D, Peek, in charge of navigation improvements chi the 
 United States side of the lake, stated that a range of levels between 
 4 and 7 feet on the Warroad gauge, or 1,057.6 to 1,060.6, was satis- 
 factory to his Government.* 
 
 Navigation interests on the Winnipeg River between Kenora and 
 NaTifau«> b«i»w Minaki are affected by fluctuations in the outflo>Y 
 oaUeu. from the lake. In view of the fact that at low water 
 
 there is less fall and hence less current at The Dalles than at high 
 water, moderately low rates of outflow from the Lake of the Woods 
 are more favorable for navigation on that portion of the Winnipeg; 
 River than high rates. Very low rates of discharge, however, are 
 unfavorable to navigation of the river immediately below the outlets 
 of the lake. It follows then that any regulation of levels and outflow 
 which results in either very low or very high rates of outflow from 
 the lake is detrimental to the navigation interests on the AVinnipeg 
 River below the outlets of the lake. 
 
 The recommended ordinary maximum level of 1,061.25 is not so high 
 
 BeutioBofvrofotei ** ^ seriously affect the boathouses and docks in 
 regaution to naTig*. the northem portion of the lake, nor the docks and 
 (ion requiremetiu breakwaters in the southern portion. The recom- 
 mended regulation would also result in a fairly uniform level. Only 
 during rare periods of successive dry years would the level fall below 
 1 ,058. Perhaps once in 20 years, during a period of extreme drought, 
 navigation would be handicapped somewhat, but the low level of 
 1,056 is still about 3 feet higher than the extreme low-water stage 
 which would have been reached under natural conditions during the 
 past 24 years. 
 
 Under the recommended regulation of outflow, the stages on the 
 Winnipeg River below the outlets of the lake would also be more 
 favorable than those which would prevail under natural conditions, 
 except possibly in time of extreme flood if sufficient foresight is not 
 exercised in providing storage capacity on the lake for flood inflows. 
 
 The existing ordinary high water of about 1,061 is the outcome of 
 the regulation of the Norman Dam by the government of the province 
 of Ontario for the benefit of navigation; and, moreover, navigation 
 uses under the treaty rank before all other uses, except domestic and 
 sanitary uses. The protection and development of navigation are 
 functions of the Governments of the United States and the Dominion 
 of Canada, and neither protested against the increased levels brought 
 about by the necessary regulating operations of the Norman Dam. 
 
 1 Final Public Hearings, Winnipeg, February, 1916, pp. 230, 235. 
 'Farther Public Hearings, Warroad, Minn., September, 1916, p. 39. 
 
FINAL BEPOET OF THE INTERNATIONAL JOINT COMMISSION. 45 
 
 On the contrary, ttie Government of the United States in 1905 was 
 seeking to maintain the minimum level at about 1,060.8. 
 
 If the regulation now recommended had in view merely the main- 
 tenance of a stage favorable to navigation interests this could best 
 be accomplished by acquiring flowage rights around the Lake of the 
 Woods to contour 1,062 and providing the necessary regulating works. 
 It would cost less to buy flowage rights around the lake than to 
 enlarge the outlets and to buy flowage lights on the Winnipeg River 
 below the outlets with the object of maintaining the level of the 
 lake at natural ordinary hi^h-water mark. In the former case, 
 however, substantially no bank protecti(Mi would be required, as the 
 lake could be held at an ordinary maximum level of about 1060 
 during the navigation season and lower at other times. 
 
 The most desirable level for the fishing interests is a fairly uni- 
 form level. The testimony of Mr. Paul Marschalk,* 
 representing the United States fishermen, Mr. Arthur 
 Johnson,* representing the Canadian fishermen, and Prof. Edward 
 E. Prince,' Dominion Commissioner of Fisheries, is in full accord in 
 this respect. A large and rapid drop in stage in a single season is 
 particularly undesirable. The proposed regulation successfully pre- 
 vents this. 
 
 Mr. Paul Marschnlk gave evidence to the effect tliat high levels, 
 such as prevailed in 1905 for example, when the stage was above 
 1062 for over a month, are detrimental to the fishing interests in the 
 .•shallower southerly portion of the lake, known as the " Big TrmTwee.*** 
 Apparently this is due to an increased disintegration of the pettbogs 
 along the south shore of the lake through wave action. The vegeta- 
 ble matter is scattered far out into the lake, making the water dark 
 in color and unfit to drink. The recommended level should some 
 what improve this condition as flood water stages would be lower 
 and would occur less frequently than under the past control. The 
 prevailing stage would be considerably higlier than under natural 
 conditions, but the annual fluctuation in level would be lees than 
 both under natural conditions and under paat control. 
 
 (he of th4 Lake of the Wood* for domestie and muutary purpoatt. 
 
 So fnr ns the use of the waters of the L«ke of the Woods for d( 
 ■•utio. or r*tm\t^ ^'^ ^^^ sanitary purpoMt is oonoemed, the in( 
 lua u wi«*i»«>i M«o- primarily affected at the present tinM are the Graatar 
 ^^ Winnipeg Watar District and Um town of Warmad. 
 
 The (irenter Winni|M.*g Water District i.s at present oonstructing an 
 aiiueduct from Indian Bi^ on Shoal Lake as pait of a gravity 
 
 *r«rUu>r Public tlMirli««, WarroMt. Mlaa.. SvplMitar. iSlft. p. IM. 
 •Purlhrr Public llmrloga. Krnora. Dnurlo. S4>p|«>«b«r. laia. p. 4IS. 
 •Ihirthrr IMbllr II««irti)tii. W«rrMid, MiMk. S> pl — M» . MtS^ p^ STa 
 • Public HfurlDr*. Wnrron.l. Minn. aifU ^tll . Itlt. p. tt : Itia % IM. 
 
46 FINAL EEPOKT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 water supply for the city of Winnipeg and its suburbs. This diver- 
 sion of water from Shoal Lake and the Lake of the Woods for domes- 
 tic and sanitary purposes was authorized by this commission on 
 January 14, 1914, with the following reservation: 
 
 That the present permission and order shall not be invoked or relied ujK)n in 
 any manner against the recommendations or reiwrt to be made by the commis- 
 sion on the reference to it respecting the levels of the Lake of the Woods and 
 shall in no way interfere with the action of the commission in that regard. 
 
 The bottom of the aqueduct at the intake is at elevation 1,050.82, 
 sea level datum. In order to be able to draw the contemplated 
 85,000,000 imperial gallons per day, or 158 c. f. s. from Shoal Lake, 
 it will be necessary for the level of this lake to be at an elevation of 
 not less than 1,068, sea level datum. Under natural conditions, how- 
 ever, the level of the Lake of the Woods would have dropped very 
 much lower, and the level of Shoal Lake could have dropped to about 
 1,055. The interests of the city of Winnipeg would be served by a 
 high level. Shoal Lake, however, may be maintained at any desir- 
 able level by the construction of a dam at the outlet at Ash Rapids, 
 or water can be pumped into the aqueduct in case of low stages in 
 the future. 
 
 The interests of the town of Warroad in the use of the waters of 
 
 Keution of rcfuia- *^® Lake of the Woods for domestic and sanitary 
 (Ion to Warroad mw> purposcs would appear to be primarily the use of 
 erage tad drtiBafe. ^^^^ hody of Water for the purposes of drainage and 
 of sewage disposal. As the general elevation of the ground upon 
 which the town of Warroad is built is only between 1,066 and 1,068, 
 sea level datum, it is evident that the outlet of a gravity discharge 
 system of sewerage could not possibly be placed above even ordinary 
 high water in a state of nature without raising the house connections 
 of the sewers above the bottom of the cellars and above the frost 
 line. Even under the natural regimen of lake levels, then, it would 
 have been necessary for the town of Warroad to install some form of 
 sewage lift for use during high water. 
 
 A detailed report w^as made on this subject by Mr. L. P. Wolff, 
 consulting engineer,^ arid by the Minnesota State Board of Health. 
 On the basis of these reports the commission estimates the present 
 capitalized value of the increased cost of maintaining and operating 
 an adequate sewerage system in Warroad un^er the proposed regu- 
 lation to be about $12,600. 
 
 Water power at outlets of lake. 
 
 The fall at the outlet of the Lake of the Woods varies both with 
 
 Host desirable co«- lake level and with outflow. An increase in lake 
 
 diUoM. stage produces a corresponding increase in fall. The 
 
 available head, however, varies inversely as the outflow — that is, the 
 
 1 Final Pablic Hearings, Winnipeg, February, 1916, p. 287. 
 
Plate 10. 
 
 0, MUNICIPAL TPLANT, KENORA. 
 
 6, CONTROL DAM, PINAWA CHANNEL, 
 
FINAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 47 
 
 greater the outflow the less the head, because of the rise in tail-water 
 level, which accompanies increased outflow. The most desirable con- 
 dition for the water powers at the outlets of the lake would be to 
 have both a high uniform level and a uniform outflow. It being im- 
 possible, as stated before, to obtain both of these results at the same 
 time, the most advantageous conditions can only be determined by 
 weighing the advantages and disadvantages resulting from different 
 systems of regulation. 
 The recommended system of regulation will give a lake stage which 
 condiuons Older avcragcs Substantially 3 feet higher than that which 
 resaikUoB. would prevail under natural conditions, consequently 
 
 tlie available head at the outlets is very materially increased. More- 
 over the extreme low lake level under regulation will be at least 3 or 4 
 feet higher than under natural conditions, although it will be some- 
 what lower than the low-water stage of 1911, and lower than is ad- 
 vantageous for these plants. Only in times of extreme flood when 
 water may need to be discharged more rapidly than it would under 
 natural conditions would the water-power interests at the outlets 
 enjoy less favorable conditions than those which prevailed in a state 
 of nature. These possible high rates of discharge may never become 
 necessary if good foresight is exercised in the matter of providing 
 storage capacity for exceptional flood inflow into the lake. 
 
 Although the power interests at the outlets may feel that the pro- 
 posed regulation is less favorable than tlie conditions w^hich they have 
 enjoyed during the past 10 years, this may be regarded as no serious 
 objection against sucli regulation because these interests have enjoyed 
 advantages that can not possibly prevail in the future unless all other 
 interests are to be sacriflccd in their behalf.' The interests at the 
 outlets have enjoyed both high lake levels, i. e., high head and all the 
 water they required. This was possible only because the water powers 
 on the Winnipeg River did. not require even the natural low-waier 
 flow, and because only a .small part of the available water was being 
 used at the outlets thcnisolves. Moreover, the fact that the abnor- 
 mally favorable conditions wiiich these powers had enjoyed for a 
 number of years could not prevail indeflnitely was emphaaiied by tlie 
 flood of 191(>. A consideration of all facts in the situation leads to 
 the conclusion that the water- i>ower interests at Uie outlets will be 
 better served by the proposed regulation than in any other way, pro- 
 vided no portion of the cost of ]>roviding this regulation it UMind 
 against them. Certainly if the plants are protected agauMi high tail* 
 water levels and an additional turbine unit is installed at Kflnont to 
 furnish additional power at times of flood discharge from the lake, 
 and during the rare periods of extreme drought when the lakt may 
 need to be drawn down to 1,066 in order to maintain e mtkhidborj 
 
 > ■«9*rt or OoMOlUac BattsMra (MA)* 9> ttl. 
 
48 PINAL REPOET OP THE INTEBNATIONAL JOINT COMMISSION. 
 
 rate of outflow in the interest of power development on the Winnipeg 
 River, these water powers will be taken care of. 
 
 Navigation and power vntereaU on lower Rainy River. 
 
 High levels on the Lake of the Woods and moderately high rates of 
 discharge in Rainy River both tend to improve navigation through 
 the Long Sault Rapids.^ Only the construction of a dam at the Long 
 Sault, however, will improve navigation through the Manitou 
 Rapids.' The fall at the latter rapids increases with increasing stage, 
 making them dangerous to navigation at high water. 
 
 The municipalities on the Canadian side of the Rainy River filed 
 resolutions with the commission in 1916 recommending the construc- 
 tion of locks at Kettle Falls, Fort Frances, and the Long Sault Rap- 
 ids, with the object of providing a navigable waterway from the Lake 
 of the Woods to the Namakan River, a distance of about 250 miles. 
 This would involve a dam at the Long Sault and the completion of 
 the lock at Fort Frances, the title to which it is understood has been 
 retained for public use by Canada, as well as the building of a lock 
 in connection with the Kettle Falls Dam. Although neither present 
 nor reasonably prospective navigation requirements warrant this 
 expense, nevertheless provision should be made for the possible 
 future construction of navigation locks in connection with all dams 
 authorized in boundary waters. 
 
 The available fall at the Long Sault Rapids is small and varies 
 with the level of the Lake of the Woods, but through proper cooper- 
 ation with the International Falls- Fort Frances plant so as to permit 
 some additional backwater at the latter plant a 10 to 12 foot power 
 development at the rapids would appear reasonably feasible. Such 
 a development would produce an average of about 9,000 horsepower. 
 The cost of construction would be rather high, and if a large navi- 
 gation lock is required it would probably be prohibitive. It might, 
 however, be possible to interest private capital in the improvement 
 if only a small lock for gasoline boats is required. If provision is to 
 be made for through navigation by boats of greater tonnage, a large 
 lock is necessary. 
 
 Water-power interests on the Winnipeg River. 
 
 On the Winnipeg River, between the Lake of the Woods and Lake 
 
 Beriutioii win Winnipeg, there are two large water-power plants 
 
 fre«ti7 inereMe potcn- in Operation, another is under construction, and a 
 
 power. number of additional desirable water-power sites are 
 
 available, aggregating about 310 feet of total utilizable fall. (See 
 
 *Beport of Consulting Engineers (pUtes), plate 148. 
 ■Idem, plate 144, (text) pUte TT. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT OOMMISaON. 49 
 
 "Watershed map.) A regulated flow of 12,000 c. f. s. falling through 
 310 feet at 80 per cent efficiency represents 338,000 horsepower. The 
 natural low- water outflow is about 7,000 c. f. s., and in 1911 and 191-2, 
 while an effort was being made under present control to prevent tlie 
 lake from falling to a very low stage, the actual low-water outflow 
 was reduced to less than 0,000 c. f. s. for nearly a year. This low 
 flow was more than the power plants on the Winnipeg River required, 
 because they were carrying a light load at that time. The demand 
 for power has so increased, however, that even to-day such a low 
 outflow would result in serious loss to the down-river plants. If, 
 through regulation of the outflow from the Lake of the Woods the 
 ])otentiaI primary water power on the Winnipeg River can be in- 
 creased by over 150,000 horsepower at a reasonable expense, the 
 desirability of such regulation is apparent As soon as the market 
 has expanded sufficiently to absorb this increased water power its 
 value will greatly exceed the value of the lands which will be 
 required for flowage purposes. The commiasioa believes that all 
 necessary rights should be acquired at the present time, so that all 
 interests concerned may know the ordinary stage at which it is 
 proposed to hold the lake and the highest contour to which danuge 
 may possibly extend at some time in the future under uuprecedealed 
 cx)ndition8 of rainfall and run-off. 
 
 How propoMd reguloHon affeeU woii oii i imimxiU, 
 
 In the preceding pngcs the kind of regulation favorable to the 
 several interests using the waters of the Lake of 
 rr«»«fed r.fiii.ti.. fhe Woods and its shores and harbors has been 
 ug r^airracBU. briefly olMUMed. ErldeAtiy/ tliere is conaidenble 
 conflict bet^««ea thft requirements of these intereaCa. 
 On the one hand are the navigation, Ashing, and sumraer-reaort inter- 
 ests, which desire regulation ta sevtire a nniform level, and on the 
 other are the water-power interests on the Winnipeg River, which 
 desire regulation to secure uniform outflow, necessitating the laifMt 
 practicable flactualion in levt«l. The- ripmriMi ownen deaire a low 
 level and the water powers- at the outlet* fr-higti level. In endeavor* 
 iiig to reconcile these differencea, so far as practicable, the oommi*- 
 sion has taken n position betwMB tbeae extremea and recommeoda a 
 regulation which will aiibeerve aU intecetia Maaonably well and 
 which, so far aa appears practicable, will admit of the moat advan- 
 tagiMMia use of these waters. 
 The annual fluctuation in lake level which would result from the 
 AsMAi iMtMUMi propos4>d regulation, together with the annual flao* 
 ^ ****^ tuatiun whicli prevailed in the paat and thai wlikh 
 
 would have prevailed if the ouUeta of the laka had ranained aa in a 
 state of nature, is well sliown by the frequency cnnrea of figure 9. 
 
50 
 
 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Apparently, under regulation, the lake would be maintained at a 
 distinctly more uniform level than actually prevailed in the past 24 
 3'ears or would have prevailed during the same period under natural 
 conditions. For example, under regulation, applied under the hydro- 
 logical conditions that prevailed during the past 24 years, the annual 
 range in levels would have been less than 2 feet for about 75 per cent 
 of the time, whereas it actually was less than this for only 30 per 
 cent of the time, and under natural conditions the annual range 
 would have been less than 2 feet for only 17 per cent of the time. 
 
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 every season between June 1 and October 1. The average seasonal 
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 tion of 1.5 feet under natural conditions or under the conditions of 
 
FINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 51 
 
 past control. It is further evident that if the ordinary rate of out- 
 flow from Rainy Lake is 10,000 c. f. s. the resulting annual and sea- 
 sonal fluctuation of the Lake of the Woods is materially less than 
 if the ordinary rate of outflow from that lake is 8,000 c. f. s. 
 As the power developments on the Winnipeg River are being made 
 with a view to utilizing only the dependable outflow 
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 for auxiliary steam power to be used in time of low water, it is evi- 
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 dependable rate upon which the projects are based, this rate must be 
 tmbstantially maintained in the future. This dependable rate may 
 fairly bo based upon the hydrological conditions which liave pre- 
 vailed during the past twenty-four years, but it is unreasonable to 
 specify an inflexible low- water stage below which the lake can not be 
 drawn, iiTespective of the extraordinary hydrological conditions that 
 may prevail. 
 
 Ill view of this, the commission recommends that if unpreetdaotod 
 conditions sliould occur in the future the lake may be drawn below 
 1,056, even during the navigation seaeon, on such terms and condi- 
 tious as it may impoM. 
 
52 VlJfAL REPOET OP THE INTBENATIONAL JOINT COMMISSION. 
 
 The recommended ordinary maximum level is substantially equal 
 B«vii«uoa iMir- to mean high water of the past 24 years as shown 
 **'*• by figure 1. The proposed enlargement of the outlets 
 
 and the storage of water on the upper Rainy watershed will greatly 
 reduce the annual fluctuation in lake level, as shown in figures 2 and 
 3, in the interest of navigation, fishing, and summer outing, and 
 will also substantially reduce extreme high water on the lake for 
 the benefit of all interests. 
 
 The proposed draft on storage will pennit of greatly increasing 
 the dependable outflow from the lake in the interest of water-power 
 development, both at the outlets and on the Winnipeg River below. 
 The commission believes that with adequate provision for compen- 
 sation and protection for all interests injuriously affected the pro- 
 posed regulation is highly practicable and desirable. 
 
IX.— QUESTION TWO. 
 
 The second question of the reference deals with the amount and 
 value of the land which will be submerged at the recommended level 
 in case this level is higher than the " normal or natural level." 
 Since the reference originated in the United States, it is reasonable 
 HesBiBK of '< Bor- to look f or indications of the meaning of the ex- 
 ■ai " or " nmtuMi." pression "normal or natural level" in the official 
 correspondence out of which the reference originated. Both the 
 words " normal " and " natural " are used in this correspondence, 
 and the word " natural " is also used in the treaty itself. The 
 word "natural" is used with only one meaning, that is, signify- 
 ing a state of nature. The word " noimal " is used as synonymous 
 with the word "natural" by Colonel Naff in 1896, when he said: 
 " * * * the present stage of water is an ' abnormal one.' " It 
 was used in 1908 with the same meaning by the United States Array 
 Engineers, but with qualifying phrases, viz: "The normal level of 
 the lake under natural conditions"; and again, "Above its normal 
 level as existing at the timr they located there." The word " normal," 
 when referring to present conditions on the lake, is always used alone 
 and did not come into such use until after the stage to which it 
 referred had become the ordinary, normal condition. WTien so uaed. 
 
 r 
 
 it referred to the " mean level of the lake during the open naaon/ 
 or, as used in Canada, "the ordinary simimer level," and ftotwdly 
 represented a stage of about 1,060.5. 
 
 The United States Engineers wlio used the word "normal" when 
 referring to a stage of 1,000.8 frequently used the word "naturml," 
 but always with the same significance, viz: the condition of nature. 
 Since the word "natural" was never usimI in any otlier mom than 
 as signifj'ing the condition of nature, and since the word ** normal " 
 was used to signify both natural and existing conditions, tlis ex* 
 pression " normal or natural level " can not fairly be interpreted 
 U.S meaning any other level than that which prevailed in a itele of 
 nature, and the commission has so constmed it There is good 
 ground for concluding, however, that the normal level as *"*^*f 
 to-day WHS believed to l)e the natural level so far as the ordiiuirjr higll 
 stngeH wtM'e concerned. 
 
 The view that the " normal " level of to-day is also the **n«t«ir»l ** 
 level of the take prevailed in Canada as well as in the United States 
 The Kolleruuy Dam, a long submerged weir, was built in 1887 with 
 
54 FINAL REPOBT OF THE INTEENATIONAL JOINT COMMISSION. 
 
 the avowed purpose of raising the low-water level and, as a matter 
 of fact, as it existed between 1892 and 1898, it raised the low level 
 about 3 feet and the extreme high level less than 1 foot. When the 
 Norman Dam was placed in operation in 1898, it very evidently was 
 not the intention to raise the level of the Lake of the Woods to a 
 stage at which damage would be inflicted upon riparian owners. 
 The contract between the Keewatin Power Company and the Ontario 
 Government covering the control of the dam provided that the water 
 should be maintained at " the ordinary summer level." 
 
 At the hearings of the commission in Kenora in 1912, Mr. T. R. 
 Deacon, speaking of conditions at Warroad at a lake stage of about 
 1,060.5 said, " * * * I do not think that any land should be over- 
 flowed at the present height of the waters." * 
 
 Dr. Schnarr, who came to Kenora in 1887, stated, "We want to 
 keep the lake in just about its natural condition. We contend that the 
 lake naturally has been much higher than it is now. ♦ ♦ ♦ There 
 is no question of doubt that any lands that are flooded to-day (lake 
 level about 1,060) are naturally flooded, and have been from time 
 immemorial. Any lands that have been flooded up to 2 feet above 
 the present level are lands that are oftener flooded than not." * 
 
 Mr. George Drewry stated, " We were interested in holding the 
 water at a fixed level, and that level is what we term the old normal 
 level before there were any dams in here at all." ' 
 
 The record clearly shows that the United States was uncertain as 
 to whether or not the prevailing stage on the Lake of the Woods 
 exceeded natural ordinary high-water mark. The settlers had pro- 
 tested against alleged flooding of their lands as the result of the con- 
 struction of dams at the outlets. The General Land Office of the 
 Department of the Literior held that the prevailing stage was an ab- 
 normal one. When subdividing the Indian lands on the south shore 
 it did not recognize the conditions then existing as being permanent, 
 or the meandered shore line would have been placed near the water's 
 edge instead of in places more than a mile out in the lake. These 
 surveyors were subdividing land, not water. The Corps of Engineers 
 of the War Department, as represented by the local officials, on the 
 other hand, claimed that no records were available from which to 
 determine the natural level of the lake and that the stage of 1,060.8 
 which they desired for navigation purposes was not above the " nor- 
 mal " level of the lake, but was actually about a foot below the exist- 
 ing high-water mark, which, it was believed, had not been changed 
 through the operation of the Norman Dam ; that is, they believed the 
 " normal " level to be the " natural " level. 
 
 ^Public Hearings, Kenora, Ontario, September, 1012, p. 142. 
 • Idem, p. 149. 
 ■Idem, p. 165. 
 
Plate U. 
 
 ROCKS SUOWINQ HIOU-WATKR MARK. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 55 
 
 Since the United States did not know what the natural level of the 
 lake was. it was unable to determine the merits of the protests of the 
 riparian owners or the justness of their claims for injury on account 
 of prevailing levels. Moreover, the United States knew that, on its 
 own side at least, the level of this lake could not be maintained for 
 the benefit of navigation or for any other purpose, above ordinary 
 high water under natural conditions, without compensating riparian 
 owners, and that such compensation had not been paid. Nor had the 
 United States at any time taken steps to maintain the lake above 
 what it believed was ordinary high water under natural conditions. 
 
 Naturally, then^ the United States would want to know whether 
 the recommended level was higher than the level of the lake under 
 natural conditions, in order that those whose lands would be sub- 
 merged might receive fair compensation. 
 
 If, in view of the fact that the United States engineers in 1906, 
 in 1908, and again in 1911 told their Governments what the normal 
 level under existing conditions was, viz: 7.2 feet on the Warroad 
 gauge, the United States, through its legal representatives who 
 framed the reference, meant to refer to the " normal " level under 
 ixUtvng conditions instead of wnder ncUural conditions^ they might 
 be expected to have used the figure given them by their engineers 
 instead of the uncertain phrase " normal or natural level." 
 
 In the light of all the facts and circtimstanccs the commission has 
 concluded that the two (Tovernments desire to know whether the 
 recommended level is higher than the normal level under natural 
 conditions and has answered this part of Qtiestion II in the affirma- 
 tive. 
 
 Having .secured information through public hearings in September. 
 
 PrevBiiiig ut«u 1^12, and otherwise, of the extent to which the waters 
 aadfir Mtarai MB- of the Lake of the Woods and the sliores and har- 
 '"***■'• bors of the lake and the waters flowing into and 
 
 from the lake were being used by different interests, and the char- 
 acter of regulation which the various interests denred, together 
 with information relating to the questions of difference which have 
 arisen between the two Governments and the inhabitants of the two 
 countries out of the use of these waters, the commission authorised 
 its engineers to collect such further data and make such (edinical 
 investigations as were required as the basis for a reply to the qnet- 
 tions of the reference. It was apparent from the outset that riparisn 
 owners around the Lake of tlie Woods and around the upper rmer- 
 voira, which it was anticipated would be of considerable ser^Mce in 
 maintaining any proposed level on the Lake of the Woods or in 
 securing equalization of outflow, believed that the letdt of the^r 
 several lakes had. for a nunil)er of years, been maintaintd eoiMidar> 
 ably above natunil ordinury high*water mark in disregard of their 
 
66 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 righte, since no flowage easement had been acquired. In view of 
 this, and with the belief that the two Governments desired to know 
 all the " facts and circumstances of the particular questions and 
 matters referred " the commission authorized its engineers to secure 
 all data necessary to a determination^ if possible, of the level of the 
 Lake of the Woods, of Rainy Lake, and of the lakes above Kettle 
 Falls, imder natural conditions. 
 
 As the first alterations were made in the outlets of the Lake of the 
 Woods about 30 years ago. it is not surprisiing that no actual records 
 of observed natural levels on this lake, referred to a preserved datum, 
 have been found. Much evidence was presented, however, by old 
 residents around the lake, and valuable physical e%'idences of early 
 prevailing stages were found. The most important physical evidence 
 is the winding channels of the stream where they enter the lake 
 through what are now bays or inlets.^ These channels could not pos- 
 sibly have been either formed or maintained at the lake stages that 
 have prevailed during the last 24 years. 
 
 After collecting all available data in cooperation with Canadian 
 and United States governmental departments, and after much 
 study, the consulting engineers succeeded in computing the levels 
 which would have prevailed on the Lake of the Woods during the 
 past 24 years if the outlets had remained as in a state of nature. 
 The fundamental data, forming the basis for this work, are all pre- 
 sented in their report. These data, while in a measure conflicting, 
 lent themselves well to a thorough analysis, and the results of the 
 computations are believed to be entirely reliable. Good records were 
 eventually obtained of the inflow into the lake and of the outflow 
 from the lake from October, 1892, to date. The relation between lake 
 stage and outflow was determined, and from these, briefly speaking, 
 the natural levels were computed. These levels are given in Table 
 73 and on Plates 114 to 125 of the engineers' report. No exception 
 was taken by any of the parties in interest to these conclusions of the 
 engineers. They are in accord with the evidence and may be accepted 
 as fairly representative of the levels which would prevail under 
 natural conditions on the Lake of the Woods during any other period 
 of 25 years. 
 
 In order to permit full consideration of the advantages and disad- 
 gwreyg of »iiore Vantages of various levels and systems of regulation, 
 !»■*. the commission authorized its engineers to make 
 
 detailed surveys along the shore of the Lake of the Woods between 
 a sufficiently wide range of levels to obtain all the necessary informa- 
 tion for a proper consideration of the questions involved, and as a 
 consequence these surveys were carried on between contours 1,054 
 
 ^See Report of Consulting Engineera (Atlas), sheets 10, 14. 
 
FINAL B£POBT OF THE INTBENATIONAL JOINT COMMISSION. 57 
 
 and 1,064, extending on improved lands to 1,066. The engraved 
 maps prepared on the basis of these surveys are presented in the atlas. 
 The field books, plane-table sheets, and original maps are filed in 
 the offices of the commission. 
 
 The field data secured from these surveys permitted the platting 
 of 1-foot contours for most of the land area around the Lake of the 
 Woods. The lake level at the time of the surveys ranged between 
 1,060 and 1,061, thus making necessary the employment of special 
 topographic methods below this level. The total surveyed area, in- 
 cluding over 7,000 acres of land examined by reconnaissance methods, 
 aggregates over 95,000 acres. 
 
 The present character of the shore lands is well shown in the 
 engineers' report.^ Much of the land near the shore has a covering 
 of peat, but except for large areas around Buffalo Bay, this usually 
 disappears at about elevation 1,060. The timber begins at about ele- 
 vation 1,061. Only 342 acres of cultivated land will be affected by 
 the proposed regulation. Of this area 275 acres are in the United 
 States. A total of 1,760 acres in both countries of what is termed 
 " grass land " will be affected. No marsh land covered with coarse, 
 wild grass is included in this area. 
 
 It was early perceived that a reply to the second question of the 
 reference could not be limited to lands actually submerged. In some 
 places along the shore of the lake, where the land was high and not 
 subject to flowage, the banks, due to wave action, were breakijig down. 
 In other places public and private structures wore found cloae to the 
 prevailing lake stage. Realizing that all property rights affecttd 
 must receive consideration, all necessary data were secured, either 
 directly by the commission's engineers or throu|^ ooopemtiun with 
 (lovernment departments, regarding all interests and structures 
 around the lake that might be affected by various levels and i^ystems 
 of regulation. Most of these data appear in the eogilkeeni* report. 
 
 The principal data relating to land areas are summarised in tabu- 
 lar form in the volimie of text and i^rc represented also upon tlie 
 contour maps in the atlas. The maps of the aUas dkow conditions as 
 they prevailed on the lake at the time of the survey. Maps have also 
 been prepared and filed in the offices of the commission diowing thS' 
 old meandered shore line as located by the United States CSencral 
 IjtLad Offiee surveyors. The meander comers have practically all 
 been washed away ; the shore line, however, was located on the com' 
 mission maps on the basis of the distances given on the I^nd Office 
 plats to the nearest section corners, most of which were found by 
 the coimnissioirs engineers* 
 
 > i<rp,.rt of Cooaoltlat Wigliiwi (1nt>. PlitM ■ «• K. 
 
58 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 The instructions under which the south shore lands in Minnesota 
 
 8«ba«r«e4 ktam ^®^® Surveyed required the establishment of the 
 compotrd fro« hc- meander line at what was described as " ordinary 
 .Ddfr iinr. high-water mark." At the time of the surveys, 1894 
 
 to 1896, the lake was and for about seven years had been consider- 
 ably above its natural stage. The low lands along the south shore 
 were under water and the meander line was evidently taken as the 
 dividing line between open water on the one hand and willow brush 
 or marsh grass on the other. This meander line is a considerable 
 distance lakeward from the 1,059 contour, which we believe, as previ- 
 ously stated, fairly represents natural ordinary high-water mark. 
 However, lands were patented to the settlers on the basis of the acre- 
 age shown above the meander line, which was supposed to be ordinary 
 high-water mark, and many of these settlers have suffered real dam- 
 age in the past. In view of these considerations, the commission has 
 recommended that the area of submerged lands be computed from 
 the meander line. 
 
 When discussing the significance of certain phrases relating to 
 levels, counsel for various interests dwelt at some length upon what 
 could reasonably be done in a study of levels on the Lake of the 
 Woods, in order to determine what " ordinary high-water mark " 
 would have been on the lake in a state of nature. This question owes 
 its importance to the fact that the United States Federal (iovern- 
 ment, in the interests of navigation, holds an easement to raise the 
 level of navigable waters to " ordinary high-water mark." 
 
 On the Lake of the Woods the higher lake stages prevailing under 
 control have obliterated the vegetation growing around the lake at 
 what was the "ordinary high-water mark" in a state of nature. 
 Moreover, the stages that have prevailed on the lake during the past 
 20 years have been much more uniform than those which would have 
 prevailed under natural conditions. It is, therefore, not now feasible 
 satisfactorily to determine " natural ordinary high-water mark " by 
 effecting comparisons between- the actual controlled levels and the 
 computed natural level. In view of these considerations, "natural 
 ordinary high-water mark" can probably be reasonably determined 
 by deduction from the computed natural levels which would have 
 prevailed on the lake during the past 24 years. The commission's 
 engineers have made this study and been led to the conclusion previ- 
 ously stated — and which appears reasonable — that " natural ordinary 
 high-water mark " on the Lake of the Woods was approximately at 
 elevation 1,059. This stage would have prevailed 22 per cent of the 
 time during the summer months of the past 24 years and represents 
 the mean of all stages above the average stage prevailing during the 
 months of June to September, inclusive. The ice on the lake usually 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 59 
 
 breaks up about the middle of May. If May 15 to October 31 is 
 adopted as the summer season, the mean high-water stage during this 
 season is reduced by only about 0.2 feet. 
 
 The recommended ordinary maximum level of 1,061.25 is 2.23 feet 
 
 Hnbmer fid or In- ^is^^^^ ^^^^^ the computcd natural mean high level of 
 jarioniir at eeted the Lake of the Woods and 0.03 feet lower than the 
 '•■*•• actual mean high level which has prevailed during 
 
 the past 24 years. Notwithstanding the proposed increased discharge 
 capacity of the outlets, it will be impossible to discharge the water 
 as rapidly as it will run into the lake in time of exceptional floods. 
 Under such conditions some of the flood inflow mast be temporarily 
 stored on the lake, to be wasted as fast as conditions at the outlets 
 permit. The amount of this excess storage required will vary with 
 the flood inflow. Under the most unfavorable conditions of the past 
 24 years about 1.25 feet of excess storage would have been required, 
 but a factor of safety must be provided as still greater rates of inflow 
 have occurred in earlier years and may recur in the future. More- 
 over, the ordinary maximum stage will prevail nearly 80 per cent of 
 the time, so that each season the stage along the south shore may be 
 expected to rise half a foot or a foot above the mean for about a day 
 nt a time as a result of high northerly winds. During storms drift- 
 wood will be carried niland over the fields to about elevation 1,062. 
 This is well illustrated by the storm of June r>, 1D13. referred to by 
 the engineers.* 
 
 According to the evidence, the aHowance to 1k» inude for the effect 
 of seepage is about 1.5 feet.' This allowance, however, varies eon* 
 siderably with the character of the soil, particularly the subsoil below 
 the layer ordinarily plowed. Where the subsoil is clayey the pssMflB 
 of water is so slow that the moisture content of the surface toil is 
 determined primarily by evaporation and rainfall. During dry 
 weather such soils in fields a few hundred feet removed from the 
 lalce shore are dry even though their surface may not be above the 
 elevation of the water in the lake. During rainy weather such soils 
 have a tendency to become water-logged irre8iH»ctive of their eleva- 
 tion above the lake level. This fact is demonstrated by the effects of 
 tile (Itaiimge on heavy clay soils in upland, rolling fidds. 
 
 An ordinary maximum level of 1,061.25 and 1.S5 feet sllowmnce for 
 excess storage plus 1.6 feet for seepage brings the contour, up to 
 which nil lands will be more or leas injuriously affected by the pro- 
 posed regulation, to 1,064. 
 
 The commission having concluded to recommend that flowage be 
 fiht.iiiit'd up lo cunJoiii- l.nr. I f(iin\.l ii n.T..v..»ry to adopt a range of 
 
 ' Ki-imrt i>f «'«ii«iilttiiii I ' \ii I'lit, r 
 
 •I'uMlo llmrltitfu. Wnr. t .| ;,,, >..., 90 : FlaiU P«Mt« RMrtM*. Wl««|. 
 
 prU, F«>l>riinrr. 1810. pp. 'Jj^ ..... 
 
60 
 
 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 values that would be applicable to the various classes of privately 
 owned and filed on land adjoining the Lake of the Woods that would 
 be affected at the recommended level. As all such areas in both coun- 
 tries had to be investigated, some being entirely removed from rail- 
 way facilities and remote from settlement, the commission after care- 
 ful consideration of all factors fixed the following range of values: 
 Cultivated lands, $75 to $35 per acre; grass lands, $50 to $25; pei- 
 acre; grass land with scattered poplars, $35 to $15 per acre; lands 
 covered with deciduous trees, $20 to $10 per acre; lands covered with 
 mixed deciduous and coniferous trees, $15 to $5 per acre; coniferous 
 swamp, $5 to $3 per acre; lands covered with willow and brush, $5 to 
 $3 per acre ; open marsh or bog, $5 to $1 per acre. 
 . The commission wishes to emphasize the fact that no part of its 
 investigation has been carried out with greater care than that involv- 
 ing the determination of the value of these various classes of lands 
 adjoining the Lake of the Woods. The result of its efforts to apply 
 values to lands within the range above specified, with an additional 
 allowance for lands in the neighborhood of Warroad, yielded the 
 results embodied in the following tables : 
 
 SUMMABY OF ABEAS AND VALUES, LAKE OF THE WOODS, 
 DECEMBEB 31, 1915. 
 
 Landa submerged or injuiHounly affected by proposed regulation. 
 TOTAL, UNITED STATES. 
 
 Prtratalr 
 owned and fll«d 
 
 Federal. 
 
 State. 
 
 Total. 
 
 Lost land; old meandered shore line 
 
 to present > 
 
 Present shore line to contour 1050 
 
 Old meandered shore line to contour 
 
 1069 
 
 Contour 1059 to 1062. 
 
 Old meandered shore line to contour 
 
 1062 
 
 Contour 1062 to 1064 
 
 Old meandered shore line to contour 
 
 1064 
 
 Acta. 
 1,583 
 1,885 
 
 3,478 
 5,412 
 
 8,890 
 4,614 
 
 13.504 
 
 Value. 
 
 $18,000 
 
 3,450 
 
 2I,4a 
 50,229 
 
 71,688 
 81,805 
 
 153,493 
 
 Aera. 
 3,940 
 4,050 
 
 6,990 
 6,292 
 
 13,282 
 3,718 
 
 17,000 
 
 Value. 
 
 12,940 
 
 4,050 
 
 6,990 
 6,202 
 
 13,282 
 3,718 
 
 17,000 
 
 Acre*. 
 33 
 363 
 
 396 
 319 
 
 715 
 136 
 
 850 
 
 Value. 
 S33 
 
 363 
 
 396 
 319 
 
 716 
 136 
 
 Acre*. 
 4,556 
 
 6,308 
 
 10,864 
 12,023 
 
 22,8S7 
 8,467 
 
 Value. 
 $20,973 
 
 7,872 
 
 28,845 
 66,810 
 
 85,686 
 86,658 
 
 >31,364 * 171,3a 
 
 1 This includes loss of land where high banks have been eroded and fishermen's buildings damaged. 
 1 U thepublic land between the old meandered shore line and the 1050 contour is omitted, these totals 
 become 23^968 acres and 1163,957, respectively. 
 
 Note.— All lands other than those which were in private ownership on Dec. 31, 1915, or had been 
 filed on, are provisionally entered at a uniform rate of $1 per acre. Some of these lands are subject to a 
 lien for ditch benefits amounting to from about $1 to $2.50 per acre. Other lands have since passed into 
 private ownership. " Lost land ' includes all areas lying between the meander line shown on the plats 
 made by the Government land surveyors and the shore line shown on the maps of the atlas accompanying 
 the report of the consulting engineers. The meander Une shown on the maps of the United States G«ieral 
 Land Office represents what the surveyors, according to the instructions of the Land Office, regarded ks 
 ordinar y high-water mark at the time of the survey. The meander line shown on the Ontario maps repre- 
 sents the water's edge at the time of the surveys. 
 
Plate 12. 
 
 CAST UP SHORE LINE ON SOUTH SHORE. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMIBBIOK. 
 
 61 
 
 Lands submerged or injuriously affected by proposed reffulation — Continoed. 
 
 TOTAL, CANADA. 
 
 Lost land; old meandered 
 
 shore line to present > 
 
 Present shore line to contour 
 
 1059 
 
 Old meandered shore line to 
 
 contour 1059 
 
 Contour 1059 to 1062 
 
 Uld meandered shore line to 
 
 contour 1062 
 
 Contour 1062 tol064 , 
 
 Old meandered shore line to 
 
 contour 1064 
 
 Privatrty 
 
 owned and 
 
 filed on. 
 
 Acre». ' Value. 
 785 $4,100 
 
 477 
 
 1,262 
 1,962 
 
 3,224 
 
 1,190 
 
 5, aw 
 
 15,77s 
 
 ProTindal. 
 
 Aerti. 
 
 2,990 
 
 3,S90 
 
 «,071 
 
 1,446 :33,0S7 
 4,070 44,755 
 
 21,068 10,661 
 
 - • ' t.vn 
 
 15,633 
 
 Dominion. 
 
 Vtlue. Aerta.\VUu€. 
 
 I I 
 
 |2,5M 2,184 $2,184 
 
 2,590 2,184 I 3,184 
 8,071 I 8,967 I 8,867 
 
 10,661 jlO,SSl Il0,561 
 4,973 ! 6,060 6,060 
 
 15,633 Il6,611 'l6,611 
 
 Aera. VUm*. 
 
 1,161 SI, 161 
 
 1,161 
 5,57» 
 
 6,740 
 3,073 
 
 9,813 
 
 1,161 
 5,579 
 
 6,740 
 8,073 
 
 9,813 
 
 torn. 
 
 Atrm. ' Vaime. 
 785 I $1,100 
 
 6,4ul 7, UK 
 
 7,197 ii,a$ 
 
 23.979 »,m 
 
 U, 176 40,9» 
 U.S51 { 37,798 
 
 146,737 WlU 
 
 I This includes loss of land where high banks have been eroded and fUbanneo'i bnildtngi dtatfid. 
 > If the public land between the old meandered shore line and the 1059 contour b omitt«d, dMM toMb 
 become 40,792 acres and $80,877, respectively. 
 
 NuTE.— All lands other than those which were In private ownership on Dec. 31, 1915, or bad bean flJtd on, 
 are provisionnlly entered at a unifurm rate of $1 per acra. Boom of Uma lanaa bkva rfaoa ptmmi into 
 private ownership. "Lost land" includes all areas lying between the meander line shown on the plats 
 made by the ( iuvernment land surveyors and the shore line shown on the mapa ot ttae atlas aooompaajriac 
 the rei>ort of the consulting enKineem. The meander line sbown on the m^w of ttae United Slates OeMial 
 Lund ofllce represents what toe sorveyors, aeeordtacto the tautnietlona of the Land OtBoe, lecarded aa 
 ordinary high-water mark at the time of the survey. The meander line shown < 
 
 sents the water's edge at the time of the surveys. 
 
 I on the Ontario maps rapr»- 
 
 TOTAL, UNITED STATES AND CANADA. 
 
 Privately 
 owned and 
 
 FadsraLDo- 
 ■ifawNi, Btat% 
 
 I/oet land; old meandered ahore line to pressnt 
 
 Praeant shore line to eontoor 1009 
 
 Total, old meandered sliore line to contour 1000. 
 
 Contour 1089 to 1063. 
 
 Old meandered shore line to contour 1003 
 
 Contour loaa to 1064 
 
 Old meandered shore line to contour 1064. 
 
 A0m. 
 
 1,168 
 {$71 
 4^740 
 7,374 
 
 6, on 
 
 U,IH 
 
 |C7« 
 Sfl07 
 
 iStMS 
 
 ) This Ineluda* Ums of kad whert hi<h baaka bava bsoo ««dsd and ftaherman** balMlaoi 
 • If the public land between the old meandered abora " 
 become 6<7W acrea and $M4,n4. nspsotlTaly, 
 
 I Una and the loM contour 1« omitted. 
 
 n nnt im w»|,w mJi«v imbu pa ■■,■*■ ■■ r«»|f«v««v«i/. 
 
 NoTK.— All^landfl other than tboee which warejn private ownenhip on Dar. $1. IMI^ «f had 
 
 aMSBdar _ _ 
 
 the (iovernroeot land suryeyora a^ the aSon lU^ shown oa ihf mape of the aUas 
 
 MoTK.— All lands oiner tium tnoee wnicb ware in private ownenaip oa uar. si, nu, or Bad Maa usd 
 on, are provisionally antared at a unltorm rate ot $1 |>eraoe. aoa>aollhaaslaiidiaiaeafc|t laajaahr 
 dltoh beaeflte amounting to from about $1 to $3.10 per aora. Other landa liava aaea paaied laila uilale 
 owaerahlp. "Loat laadT Inehidea aU areae lrli« btCwMa tSaaMsadsr lbs abawa MfUm^liSSmiamhf 
 
 report of the oonaultlnc ( 
 
 The m 
 
 r lias abown aa tna maps of ihs 
 
 __ aailaeers, 
 l.uiiil oince repraeaote what the surveyor*, aooordlnf to the InetnioUuui' u( the l.»ai Ott 
 uitUnitry bl|(l>>watei mark at the tfane of Ua aurvay. The awa a dsr line abown oa tJw 
 repronents the watar^ sd!|a at tea tuna of the aurveys. 
 
 The maintenance of the Lake of the Woods at a relatively iiniform 
 other preprrtr level of 1,001.25 Will aggitvate the erosion of ei- 
 riRhu affected. poee<1 lil^h lands not subject to actual flooding imtU 
 
 n now luMtcli IK formed uih)ii which the waTee can beat Tba oon- 
 mission beliovos that, except whert» hank protection is provided, a 
 strip of land alnxit 2(K) f(H>t in width siiould be condemned for flow- 
 age purposes along all hif^h hanks now stihject to erorioil where tilt 
 land is held in private ownei-ship, and (hat a flowage eeiement eboold 
 be retained by Uie (iovemiuent« over all similar Unda patented to 
 
62 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 settlers hereafter. The portions of the shore line where the most 
 serious erosion of high banks has occurred in the past are those 
 l^etween Long Point and Zippel Creek and around Oak Point. 
 
 The banks of Warroad River, where subject to erosion, must be 
 protected. Good rock or concrete riprap placed after the banks have 
 been graded .to a reasonably uniform slope of about 2 horizontal to 1 
 vertical will serve this purpose except in the vicinity of the town 
 dock, where a concrete retaining wall should be built for a few hun-. 
 dred feet. To prevent the encroachment of the lake from the east, 
 the Great Northern Railway spur track east of the town should be 
 moved westerly to near the 1,064 contour. A good trench should be 
 dug and riprap placed on the lakeward side of the embankment 
 extending to the bottom of the trench. 
 
 Some docks, boathouses, and other water-front improvements in 
 the vicinity of Baudette, Minnesota, and Rainy River, Ontario, and 
 the sawmill at Clementson, Minnesota, will require minor modifica- 
 tion and protection. 
 
 Docks, boathouses, and other improvements in the northerly por- 
 tion of the lake will not be disadvantageously affected. The effect 
 on drainage and sewerage at Warroad has already been mentioned. 
 This matter is fully discussed on page 297 et seq. of the Final Public 
 Hearings, Winnipeg, February, 1916. 
 
 The operation of the ditch system of northern Minnesota is not 
 Kf «*t ofimk* lerei adversely affected by any particular level of the 
 o. ditch Ultra. i^ake of the Woods. This fact was well brought out 
 
 by the testimony of Colonel Mason M. Patrick, Corps of Engineers, 
 United States Army, who appeared before the commission at the 
 hearing in Winnipeg in 1916.^ Under the conditions of slope pre- 
 vailing on the south shore of the I^ake of the Woods silting will take 
 place where the flowing water from the ditch enters the quiet water 
 of the lake, and a change in lake level "will merely result in trans- 
 ferring the point of deposit from one level to the other. Moreover, 
 the effect of any given lake level is practically limited to the reach 
 from the mouth of the ditch to the point where the ditch bottom rises 
 above the lake level. Further information regarding this matter will 
 be found in the supplement to this report. 
 
 » Pinal Public Hearings, Winnipeg, 1916, pp. 374-375. 
 
X.— QUESTION THEEE. 
 
 The first requirement for the maintenance of the recommended 
 
 EnitrfiBg the ont- level is the enlargement of the outlets so as to secure 
 ••*•• an aggregate discharge capacity of 47,000 c f. s. at ft 
 
 lake stage of 1,061. This will give a capacity of 48,000 c. f. s. at the 
 ordinary maximum level of 1,061.25. On account of flooding and loss 
 of power at the outlets and the damage resulting to riparian owners 
 on the Winnipeg River below the outlets, from high rates of dis- 
 charge, it is desirable to fix a maximum tailwater level which will not 
 be exceeded in time of flood. The stage recommended is that cor- 
 responding to a discharge of 48,000 c. f. s. from all outlets. This 
 stage is approximately 1,049 at the Winnipeg River bridge at Kee- 
 watin and represents a stage about 1.25 feet higher than natural 
 extreme high-water mark. 
 
 Of the total discharge, about 40,000 c. f. s. at a stage of 1,061 must 
 bo passed through the western outlet. This is about 11,000 c f . s. greater 
 than passed through this outlet in a state of nature. About 45,000 
 cubic yards of rock excavation must be made in the vicinity of the 
 Canadian Pacific Railway bridge and at the site of the old Rollerway 
 Dam to provide the necessary discharge capacity. The cost of mak- 
 ing this excavation is dependent largely upon the conditions under 
 which the work will be done. It would be unwise to attempt the work 
 during a wet year. During a year of average precipitation the west- 
 em outlet could be completely closed off by a cofferdam from about 
 September 1 to May 1, so as to permit making the excavation in the 
 dry. It would also appear desirable to provide for additional dis- 
 charge capacity through the eastern outlet during the enlargement 
 of the western outlet, and then to place an additional turbine unit 
 in the Kenora Channel later to furni.»<h supplementary power. By 
 providing head works and discharging through an excavated channel 
 east of the Kenora power house and also through the uncompleted 
 portion of the power house after it has )^een properly rem(xlelcd, H 
 should be possible to discharge at least 7,800 e. f . s. through the eut- 
 em outlet 
 
 The head works of the old Keewatin Lumber A Manufacturing Com* 
 pany's headrace require replacement with a permanent structure. A 
 little excavation will provide for a discharge of at least 500 c f. a; 
 through this outlet and about 2,000 c. f. s. can be dischaifed through 
 Mills A and C at Keewatin. making a total of at least 10,000 c f. a. If 
 loeoM-iT — 9 m 
 
64 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 at the time the excavation is made in the western outlet a considerable 
 storage capacity is available on both Rainy Lake and the Lake of the 
 Woods, and if the Winnipeg River power plants do not require more 
 than about 10,000 c. f. s. from the Lake of the Woods, the western 
 outlet can be coffered off and the excavation made in the dry. 
 
 The proposed regulation will increase the value of the Norman 
 The eontr oiling Dam as a power site for manufacturing purposes, 
 w«'^- but possibly not for hydroelectric purposes, except 
 
 in conjunction with a steam auxiliary plant, on account of the low 
 head remaining when water is being discharged from the lake at high 
 rates. If all the power plants at the outlets are willing to forego the 
 small increase in head resulting from maintaining the level of the 
 lake as close to the ordinary maximum stage as possible well into the 
 spring, and will agree to the drawing down of the reservoir in an- 
 ticipation of spring floods, no extreme high rates of discharge will 
 ever become necessary, and the value of the Norman Dam as a power 
 site will be correspondingly increased. The commission believes such 
 regulation to be desirable, but no international interests are involved. 
 It is purely a domestic matter for Canada to determine. In case such 
 regulation is adopted, it will be feasible to install a power plant in 
 the Norman Dam. The best procedure would appear to be to remove 
 the rock fill and then to build the power plant in this location, using 
 the present sluices as wasteways under the proposed regulation. 
 
 A detailed examination of conditions on the Winnipeg River below 
 Fiowige righu on the outlcts was made by the Department of Public 
 the Winnipeg BWer. Works of Canada. The possibility of channel en- 
 largements in the vicinity of The Dalles, with a view to lowering 
 the tail-water level at Keewatin in time of flood discharge from the 
 lake, was carefully considered. The cost of excavation, however, 
 appeared much more than any benefits which would be derived from 
 the work. Complete data were collected regarding the structures and 
 riparian lands which would be affected at different rates of discharge 
 from the lake. Most of these structures were built during compara- 
 tively low water and were placed considerably below natural extreme 
 high-water mark.^ It is very doubtful whether boathouses built 
 at an elevation permitting their advantageous use either under 
 natural conditions or under the conditions of past control, neces- 
 sarily including such high-^^ater stages as those of 1916, would need 
 to be modified under the proposed regulation. If proper foresight 
 is exercised in providing some storage capacity in anticipation of 
 flood inflows, it is improbable that flood stages will occur more fre- 
 quently under the proposed regulation than either under natural 
 conditions or under past control. However, if all structures which 
 would be affected by flood stages are raised above extreme high- 
 
 1 Final Public Hearings, Winnipeg, February, 1916, p. 279. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 65 
 
 water mark and flowage rights are acquired over all cultivated and 
 meadow lands affected, the total cost based on the examination 
 made by the Department of Public Works of Canada is estimated at 
 about $30,000. 
 In order to secure the most advantageous use of the waters flowing 
 EqaaiiKiBir tbe oit- froHi the Lake of the Woods in power development 
 ""'*• on the Winnipeg Kiver, it is necessary to equalize the 
 
 outflow as far as practicable. It is particularly necessary to increase 
 the low-water flow — that is, the dependable outflow — as this will 
 govern the size of the water-power plant capacity to be installed at 
 the different sites. Under the system of regulation recommended only 
 the upper 2 feet of reservoir storage capacity on the Lake of the 
 Woods need be used to effect such equalization of flow as will be neces- 
 sitated by the ordinary hydrological conditions prevailing about 80 
 per cent of the time. In order to maintain a satisfactory rate of 
 dependable outflow indefinitely into the future, however, it will be 
 necessar}' to draw the hike down several feet more during a series of 
 exceptionally dry years, such as may recur about once in twenty or 
 twenty-five years. 
 
 In determining the most desirable extreme range of fluctuation 
 in levels required to effect the desired equalization of outflow the 
 advantages resulting from each foot increase were balanced against 
 the injurious effects re.«<ulting from securing this range, either by 
 increasing the ordinary uuixiinuui level or by reducing the minimum 
 level. The cost uf securing each foot increase in range became 
 larger and larger while at the same time the resulting increase in 
 dependable outflow became smaller and snuiller. By balancing the 
 cost of Si>curing each foot incrnise in range through an increase in 
 the ordinary nuiximiuu level against tlie cost of securing it through 
 reducing the niinimum level the most advantageous ordinary maxi- 
 mum was also obtained. The principal interests afTecte<l by in- 
 creasing the ordinary maxiunim level are the riparian owners, 
 including the town of Warroad, and the fishing interests in the 
 Unite<l States portion of (he lake and the sunuuer resorts in the 
 Canadian portion of the lake. The principal interests affected by 
 reducing the minimum level are the water-power plants and lumber- 
 ing interests at the outlets and the navigation interests in both coun- 
 tries. The interests most affected by a range in levels are the fishing 
 iiit^^rests. In endeavoring to arrive at Uie most desirable level for 
 the Ijake of the Woods, and the extent to which it is practicable 
 and desirable to e<iualize the outflow by permitting a draft od ilorad 
 wat4>r, the conunission fotmd it extremely difficult to evaluate tlie 
 injurious effect of high levels on fishing in the Dig Traverse, of low 
 levels on the navigation interests, and of fluctuations in level on the 
 
66 PINAL BEPOET OP THE INTERNATIONAL JOINT COMMISSION. 
 
 fishing interests in both countries. The ordinary maximum level and 
 the system of regulation here recommended, it is believed, come as 
 near as is practicable to securing the most advantageous use of these 
 waters by all interests concerned. 
 
 The more the inflow into the Lake of the Woods is equalized the 
 more readily can the recommended level be maintained within a 
 small fluctuation, and the greater is the dependable outflow that can 
 be secured from any given extreme range in level of the Lake of the 
 Woods. The principal storage reservoirs available for equalizing the 
 inflow into the lake are those already constructed by private capital 
 on Rainy Lake and the lakes above Kettle Falls. On Rainy Lake 
 there is at present 70 billion cubic feet of storage available between 
 the levels of 497 and 490. and 30 billion cubic feet on Namakan and 
 adjoining lakes above Kettle Falls between the levels of 508.5 
 and 497. The existing power plant at International Falls and Fort 
 Frances, just below the outlet of Rainy Lake, has sufficient turbine 
 capacity to utilize substantially 10,000 c. f. s. under normal head. 
 It is to the interest of this plant to use water at this rate whenever 
 stored water is available and there is a market for the product of the 
 mills. As the runoff from the watershed tributary to Rainy Lake 
 amounts to 60 i)er cent of the total runoff from the Lake of the Woods 
 watershed, and a rate of discharge of 10,000 c. f. s. from Rainy Lake 
 is between 80 per cent and 90 per cent of the rate at which water 
 will ordinarily be discharged from the Lake of the Woods under the 
 proposed regulation, it is apparent that the upper Rainy reservoirs 
 will ordinarily be only partially full when the Lake of the Woods 
 reservoir is completely full. In other words, while the Lake of the 
 Woods will be full about 80 per cent. Rainy Lake will be full only 
 about 40 per cent of the time. As a consequence, the probabilities are 
 that if water is being drawn from Rainy Lake at an average rate of 
 10,000 c. f, s. that the lake will not be full at the beginning of a 
 series of dry years, even though the Lake of the Woods would be full 
 under the same hydrological conditions. If water is being drawn 
 from Rainy Lake at an average rate of about 10,000 c. f. s. the 
 available 100 billion cubic feet of storage on the upper Rainy water- 
 shed will be of relatively little service in increasing the dependable 
 outflow from the Lake of the Woods, although it will reduce the ordi- 
 nary fluctuation in the level of that lake by materially equalizing the 
 inflow into the lake. The records of the past 24 years indicate that 
 if the outflow from Rainy Lake is reduced to approximately 8,000 
 or 8,500 c. f. s. whenever stored water is being drawn upon, both 
 Rainy Lake and the Lake of the Woods will be full at the beginning 
 of a dry spell, and the dependable outflow from the Lake of the Woods 
 will be increased by substantially 1,000 c. f. s. or 10 per cent, with a 
 corresponding increase in the potential water power on the Winnipeg 
 
FINAL BBPOET OP THE INTEBNATIONAL JOINT COMMISSION. 67 
 
 River of about 25,000 horsepower and a loss of substantially 1,000 
 horsepower at International Falls and Fort Frances. 
 
 The dependable outflow from the Lake of the Woods, however, can 
 also be increased by additional storage on the upper Rainy watershed. 
 This additional storage will not only benefit the water powers on the 
 Winnipeg River^ but it will also aid in maintaining the recommended 
 level on the Lake of the Woods and increase the available water 
 power at International F'alls and Fort Frances. 
 
 The commission has recommended that in order to secure the most 
 advantageous use of the waters of the Lake of the Woods and of 
 the waters flowing into and from that lake it is practicable and 
 desirable to secure at least 45 billion cubic feet of additional storage 
 capacity on the upper Rainy watershed. By drawing Rainy Lake 
 down another half foot in time of extreme low water, a full 150 
 billion cubic feet storage would become available. If this entire 150 
 billion cubic feet storage capacity is used primarily in the interest 
 of the International Falls and Fort Frances plants it will, neverthe- 
 less, directly increase the dependable outflow from the Lake of the 
 Woods in the interest of the Winnipeg River water powers by 360 
 c. f. s. This is equivalent to the increase in flow that could be 
 secured by half a foot additional draft on the Lake of the Woods. 
 Moreover, every increase in dependable outflow which is secured by 
 equalizing the inflow into the Lake of the Woods instead of by in- 
 creasing the draft on that lake assists in maintaining the rt>com- 
 mended level with less ordinary fluctuation. 
 
 Increased storage on the upper Rainy watershed also reduces the 
 occasional extreme stages on the Lake of the Woods in time of flood} 
 thus permitting the maintenance of an ordinary maximum sta^ on 
 that lake about 3 inches liigher than with the pros(>nt storage OD 
 Rainy Lake, and about 6 inches higher than witli the natural outflow 
 from Rainy Lake, without encroachment on tlie margin of Miety 
 provided by flowage rights acquired to contour 1,064. The net resalt, 
 therefore, of 150 billion cubic feet of storage on the upper Rainy 
 watershed is to increase the dependable outflow from the Lake of the 
 Woods by at least 650 c. f. s. corresponding to an increase of at least 
 17,000 horsepower in the potential water power on Uic Winnipeg Ritw 
 and of about 2,500 horsepower on the Bainy River. Inasmuch as the 
 dosing down of the International Falls-Fort Frances plants over 
 Sunday during the winter and the reduction in flow to about 5,000 
 c. f. 8. on Sunday during the navigation season, and all other shut- 
 downs or reductions of output in anticipation of low water, will re- 
 duce the ordinary rate of water consumption somewhat, the reel 
 inoreese in potential water power on Uie Winnipeg River will prol>> 
 ably be not less than 25,000 horsepower. 
 
68 PINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 The discharge of water from Rainy Lake at an ordinary rate of 
 Rood r FT 10,000 c. f . s. instead of 8,000 c. f . s. also assists in pre- 
 
 venting the Lake of the Woods from exceeding its 
 ordinary maximum level in time of flood, because a greater amount of 
 storage capacity is always available for the storage of flood water, 
 even without water having been wasted in anticipation of flood in- 
 flows. Greater storage capacity reduces the rate at which it is neces- 
 sary to discharge the flood water after the reserv^oir is full, or the 
 excess water to be stored on the lake above the ordinary maximum 
 stage. The restriction of the ordinary rate of outflow from the Lake 
 of the Woods to a dependable rate of about 11,000 c. f. s. on the other 
 hand results in maintaining that lake at substantially its ordinary 
 maxinmm stage about twice as large a proportion of the time as Rainy 
 Lake. This reduces the amount of storage capacity ordinarily avail- 
 able on the Lake of the Woods to a very small amount. As a con- 
 sequence more flood reserve or capacity for temporarily storing flood 
 water above the ordinary maximum stage must be provided. More- 
 over, the discharge capacity of the Lake of the Woods, even with the 
 outlets enlarged as recommended, is relatively smaller than that of 
 Rainy Lake. Since the flood water can not be discharged as rapidly, 
 and since less capacity for storing flood water below the ordinary 
 maximum level is ordinarily available, provision has been made in 
 the commission's recommendations for the storing of more flood 
 water above the ordinary maximum level on the Lake of the Woods 
 than on Rainy Lake. In other words, 1.25 feet of flood reserve has 
 been recommended for the Lake of the Woods against 0.5 foot for 
 Rainy Lake. 
 
 Another factor influencing the amount of flood reserve to be pro- 
 vided on any given lake is the relation between the maximum 
 natural rate of inflow and the maximum natural rate of outflow. A 
 relatively small lake usually has a maximum natural rate of outflow 
 equal to its maximum rate of inflow. On such a lake no increase in 
 outflow capacity is required under regulation; neither is a flood 
 reserve required. This is substantially the condition in Lake 
 Namakan for example. On the other hand, a lake whose area is 
 large in comparison with the area of its tributary watershed, other 
 conditions being similar, always has a maximmn natural rate of 
 inflow greatly in excess of its maximum natural rate of outflow. On 
 such a lake the outflow capacity must be increased or a large flood 
 reserve must be provided, or both. 
 
 The maximum natural rate of inflow into the Lake of the Woods 
 was more than twice the maximum natural rate of outflow. The 
 maximum natural rate of inflow into Rainy Lake was only about 35 
 per cent greater than the maximum natural rate of outflow, hence 
 
PINAL BEPOET OF THE INTERNATIONAL JOINT COMMISSION. 69 
 
 much less flood reserve is required on this lake than on the Lake of 
 the Woods. 
 
 Another consideration affecting the amount of flood reserve re- 
 quired for a given margin of safety is the character of the water- 
 shed. Here, again, the advantage lies with Rainy Lake. Melting 
 snow and rain drain off from the watershed directly tributary to the 
 Lake of the Woods very much faster than from the upper Rainy 
 watershed. This is well illustrated by the conditions that prevailed 
 during the 1916 flood. The maximum natural rate of inflow into the 
 Lake of the Woods would have occurred during the last 10 days 
 of April when Rainy Lake, under natural conditions, with more 
 than half the tributary watershed, would have contributed less than 
 one-fifth of the total inflow. On the other hand, the maximum 
 natural rate of inflow into Rainy Lake occurred during the last 10 
 (lays of May. At the time when, under regulation, Rainy Lake 
 would be discharging its maximum, the flood from the local water- 
 shed tributary to the Lake of the Woods would be long past. Under 
 regulation the maximum rates of inflow into the Lake of the Woods 
 will occur long before the maximum regulated outflow from Rainy 
 •Lake reaches this lake. Therefore, if storage is provided for these 
 waters, there will be no difficulty experienced in taking care of the 
 regulated outflow from Rainy Lake. 
 
 It is apparent from these facts and considerations that a much 
 greater flood reserve, for the same margin of safety, must be provided 
 on the Lake of the Woods than on Rainy Lake, hence the ivconi- 
 mendation for 1.25 feet of reserve on the former lake and 0..> foot on 
 the latter. 
 
XI.— ADMINISTEEING PROPOSED REGUIATION. 
 
 In view of the important international rights and interests in- 
 volved in the proposed regulation of the waters of the Lake of the 
 Woods watershed the commission has recommended that it be vested 
 with international supervision and control over all dams and .regu- 
 lating works extending across the international boundary, the dam 
 and regulating works across the Canadian channel at Kettle Falls, 
 with the right to control the discharge of water from the Lake of 
 the Woods when the level of the lake exceeds 1,061 or falls below 
 1,056. 
 
 Such supervision appears essential, because the future develop- 
 ment of the public and private interests involved in both countries 
 precludes the possibility of recommending an entirely complete and 
 definite method of controlling the level and the flow of the waters 
 under consideration, and because the diverse meteorological and 
 other conditions that will prevail in the future as in the past make 
 it impracticable to specify in advance what shall or shall not be done 
 under any and all of these varied conditions. The maintenance of the 
 recommended level, if it is also to permit of the advantageous use 
 of the available water and at the same time promote the development 
 of the interests involved, necessitates the gradual development of the 
 details of a scientific system of regulation. 
 
 The commission appreciates the fact that, in the case of drainage 
 basins that lie wholly within one country or the other, it may be 
 desirable to artificially divert waters out of and from their own local 
 watershed for use in another. On the other hand, diversions from 
 an international watershed, such as that of the Lake of the Woods, 
 whereby the international channel in that watershed would be de- 
 prived by such diversion of waters which naturally belong to the 
 Lake of the Woods drainage system, would very probably lead to 
 irritating disputes between the people of two neighboring countries. 
 Further, the existing and future development of the entire waters of 
 the Lake of the Woods watershed will involve very large expendi- 
 tures, and an investment of such magnitude must naturally depend 
 upon some definite understanding that the flow of water on which 
 it is based will not be diminished by a diversion of any portion 
 thereof from the watershed. For these reasons, the conunission has 
 suggested that no diversions, temporary or permanent, out of the 
 Lake of the Woods watershed^ of any waters which in their natural 
 70 
 
PIKAL BEPOET OP THE INTEBKATIONAL JOINT COMMISSION. 71 
 
 course flow into these boundary waters, should be permitted without 
 first referring the matter to the commission for such recommenda- 
 tion as it may deem appropriate. 
 
 The protection of property interests around Rainy Lake and the 
 Lake of the Woods, as well as around the lakes above Kettle Falls, 
 will at times necessitate the wasting of water before the reservoir 
 storage capacity is exhausted. Such wasting of water involves the 
 possibility of loss to water-power interests. Failure to waste water 
 at the proper time involves the possibility of loss to riparian owners. 
 Just when and at what specific rate water shall be wasted can not 
 be stated in advance. Any system of regulation to be efficient must 
 therefore be flexible to the extent at least of giving to those author- 
 ized to administer it reasonable discretionary power. 
 
 The primary object of the recommended supervision and control 
 would be to protect the interests of riparian owners in both countries 
 during seasons of excessive flood inflow into the reservoirs and to 
 protect the interests of navigation against loss and damage due to 
 excessive draft upon the stored water toward the end of a series of 
 dry years, while at the same time permitting the advantageous use 
 of the waters flowing from the reservoirs for power purposes; leav- 
 ing to the owners of all dams and other works in these waters the 
 right, subject to the limitations of the proposed international control, 
 to use the same under their respective local governmental jurisdiction 
 for the purposes for which they were intended. 
 
Xn.— IMMEDIATE INTERNATIONAL SUPERVISION. 
 
 If the foregoing conclusions and recommendations are approved 
 and adopted, the conmiission can not urge too strongly the imme- 
 diate enlargement of the outlets of the Lake of the Woods. The 
 work of construction and excavation and the acquisition of the 
 necessary flowage rights, however, will delay for a considerable time 
 placing in full operation the recommended system of regulation. In 
 the meantime the level of the Lake of the Woods can not safely be 
 maintained at 1061.25, sea-level datum, as recommended. During 
 the construction period both judgment and foresight must be exer- 
 cised to prevent damage to riparian owners, summer resorters, power 
 interests at the outlets, and temporary structures and equipment. 
 Moreover, there should at least be a measure of cooperation between 
 the interests on the upper Rainy watershed and those on the Lake 
 of the Woods while the necessary construction work is being done. 
 
 The existing restricted outlets of the Lake of the Woods make it 
 impossible to fix any range of levels within which its waters could be 
 controlled entirely by Canadian users, without possibly adversely 
 aflfecting international interests. The commission therefore feels 
 that, pending the carrying out of its recommendations, it should be 
 authorized to advise the Government of Canada as to any changes in 
 the discharge of watei*s from the Lake of the Woods that may be 
 immediately necessary in the opinion of the commission in order to 
 protect international rights involved. 
 
 As elsewhere stated, the commission considers it should meantime 
 be the aim of those controlling the levels of the Lake of the Woods 
 to maintain an elevation of 1,060.5 under ordinary conditions, con- 
 serving the waters in the interest of navigation and power develop- 
 ment as far as practicable, while at the same time providing for such 
 storage capacity in the spring of the year as the meteorological data 
 may indicate should be available in order to prevent the level of the 
 lake from exceeding 1,062.5 in the case of recurrence of the most 
 extreme flood inflows that have occurred in the past. It would be 
 the policy of the commission to collect, for the information of inter- 
 ests concerned, all essential meteorological, hydrological, and other 
 data relating to the regimen of the waters of the Lake of the Woods 
 watershed. 
 Dated at Detroit, Michigan, this 18th day of May, 1917. 
 
 Obadiah Gardner, 
 Charles A. MU^grath, 
 James A. Tawney, 
 Henry A. Powell, 
 Robert B. Glenn, 
 P. B. Mignault. 
 72 
 
PINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 73 
 
 Although we have signed the foregoing report, we do not wholly 
 assent to the restricted system of supervision and control therein 
 recommended, and we reserve the right to submit supplemental con- 
 clusions and recommendations in respect thereto and in respect to 
 other matters which in our judgment should be included therein. 
 
 Ja31£8 a. TaWNET. 
 
 Obadiah Gardner. 
 HOBEBT B. Gle^'k. 
 
Part II. 
 
 SUPPLEMENTAL CONCLUSIONS AND RECOMMENDATIONS TO 
 FINAL REPORT IN RE LAKE OF THE WOODS REFERENCE. 
 
 By CJommlssIoner James A. Tawney, concurred In by Commissioners Gabdnkb 
 
 and Glenn. 
 
 EXPLANATOBY STATEMENT. 
 
 The international and engineering problems involved in the ex- 
 amination and report upon the questions set forth in the reference 
 arc of such magnitude and importance; the national, State, pro- 
 vincial, corporate, and private interests concerned are so vast, varietl, 
 and conflicting, it is a matter for congratulation that, as to alnnist 
 all of these, the commission has been able to unanimously agree. 
 
 Although I fully concur in the findings of fact and, \irith one 
 exception, in the conclusions and reconnnendations aa set forth in 
 the Final Report of the commission, nevertheless I am constrained to 
 avail myself of the privilege afforded me by qualifying ray concur- 
 rence to the one recommendation therein to which I do not wholly 
 assent, and by submitting for the consideration of the parties certain 
 additional conclusions, recommendations, and discussion whichf in 
 my judgment, are appropriate and necessary to a full and complete 
 report upon the » ><^rence. 
 
 The following is not intended, therefore, as a criticism nor as the 
 basis for criticism. It is submitted from a sense of duty to both 
 Qovernments and in' that same spirit of international gtH)d will that 
 has characterized this investigation from the iH'ginning. 
 
 Fii*8t. That the supervision and control rtvonunendwl on |>»gv 37 
 of the Final Report should not be limite<I to the boundary waters of 
 this watershed, including the regidating structures at the outlets of 
 (ho Lake of the Woods, and the prior a<lvisory judgment of the com- 
 mission in cases where the complete divcrsi(m of tributary water* 
 is cofjtemplate<l on either aitle. Whil»« 1 U»lieve that only n limited 
 international sui)ervision and c<)ntrt)l over tiame and oontrolling 
 works is necessary, yet such control should ite exercised over aU 
 itntohirt* materially affecting the level or the flow of boundary 
 
 n 
 
76 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 waters, and all structures in waters flowing into boundary waters, 
 as well as waters flowing from boundary waters whenever the use 
 of such structures materially affects the level or the flow of boundary 
 waters. 
 
 Second. That the last half of question three is not a restatement 
 of the first half and does not refer to physical matters at all, but 
 on the contrary calls for a definite recommendation, indicating by 
 what arrangement between the two Governments or the high con- 
 tracting parties the recommendations of the commission can be 
 carried into effect, and the rights necessary for that purpose may be 
 lawfully acquired. 
 
 Third. I believe, further, that the Report should set forth the rea- 
 sons for the decision of the commission against the contentions of 
 counsel for both Governments and for private interests in both coun- 
 tries to the effect that the scope of the reference, and the duty of 
 the commission thereunder, is limited by certain implied " restric- 
 tions and exceptions." 
 
 SUPPLEMENTAL CONCLUSIONS AND RECOMMENDATIONS. 
 
 My objection to the supervision and control recommended in the 
 Final Report arises out of the firm belief that it is not 
 
 Gronndg npon which /,. -^i i-. ..i 
 
 objrctiong to rommit- sumciently comprcheusive to meet the requirements 
 Hion't recommended gf ^jje reference, dispose of the questions therein set 
 forth and prevent similar questions from hereafter 
 arising. It is limited exclusively to dams and regulating works " ex- 
 tending across the international boundary, including the dam and 
 regulating works in the Canadian channel at Kettle Falls and the 
 dams and regulating works in the outlets of the Lake of the Woods." 
 The reference does not limit the requested examination and report 
 or the recomendations of the commission to the use of the waters of 
 the Lake of the Woods and the water flowing from that lake; it 
 also requests consideration of the most advantageous use of the waters 
 flowing into that lake. This fact is recognized by the commission on 
 page 2 of the Final Report, where, in interpreting the scope of the 
 reference, the commission says: 
 
 In the judgment of the commission tlie reference calls for a report upon all 
 matters pertaining to the regulation of the levels of the Lake of the Woods 
 and the advantageous use of its waters, shores, and harbors and the use of 
 the tcaters flowing into and from the lake, and the effect of such regulation 
 on all public and private interests involved. 
 
 That the commission is to examine and report upon the advan- 
 tageous use of the waters of this entire watershed, including those 
 that are directly or indirectly tributary to the Lake of the Woods. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 77 
 
 is further sustained by the language of question 3 of the reference 
 wherein the two Governments ask: 
 
 In what way or manner, including the construction and operation of danis 
 and other worliK at the outlets and Inlets of the lake, or in thr ttaters which 
 are directly or indirectly tributary to the lake, or otherwise. Is It iM>8sible 
 and advisable to regulate the volume, use, and outflow of the waters of the 
 lake, etc. 
 
 No one has claimed that the two Governments in submitting the 
 reference did not realize what the provisions of the treaty of Jan- 
 uary 11, 1909, were in respect to the exclusive control reserved by 
 each Government over the tributary waters within its territorial 
 jurisdiction. It appears from diplomatic correspondence respect- 
 ing the " Birch Lake diversion," preceding, by less than a year, 
 the submission of the present reference, that the exclusive control 
 of these tributary waters was the subject of special diplomatic 
 consideration. The Acting Secretary of State at Washington, in 
 a letter dated August 22, 1911, replying to the British ambassador, 
 concerning the proposed diversion of Birch Lake, calls attention 
 to the fact that : 
 
 The rightB of tlie Inlfifsird iiaiiirs in such <-as»' (diversion of waters of 
 Birch Lake wholly within U»c lJrdte<l States) are conclusively establlsiitfil 
 under Article II of the treaty, and an attempt by the comnilsslon tu Inter- 
 fere with su<'h rights would necessarily be lue(Tt>ctlve. 
 
 Proceeding, the Secretary says: 
 
 Hnder Article IX of the treaty, however. JurifMllctlon is conferreil on the 
 conunission to examine and re|K)rt, at the request of either party, upon ull 
 questions not otherwise dealt with In the treaty, which Involve the rli;htx, 
 obligations, and Interes-ts of either party in relation to the other, or to the 
 Inhabitants of the other along tlielr common frontier, and It would be agree- 
 able to this Oovernment to take up witi) the Canadian riovernnient the qOMh 
 tion of requiring the commission to examine Into and report upi>n a fewe r al 
 plan lor the improvement of navigatiftn and potcrr inlrrrnt* of all thr 6oMN<f(iry 
 watcrn to which the tcaUrn referred to in thin wite are tributary. 
 
 When tiiis language is read in connection with the langnagv above 
 quoted of <|neKti<»n three of the iefen«nre with re»«|HH't t<» "dauis or 
 other worii.s at (he otitietK and inUM8 of tlu' lake or in the waters 
 which are dii-ectly or intlirectly tribnUiry to the lake,*' it i» clear 
 that the scope of the reference, notwithstanding Article II of the 
 treaty, is a.s interpreted by the conunisKion itself and incliide« Uio 
 wat<«rK of the entii hod. 
 
 Since in dcternui....^ ..,.u the most advantageoua iiw of the waters 
 of (he Lake of the Woods and the waters flowing into and from that 
 lake can he 8e<'uro<l, ccmsideration must Ih» given to all tributary 
 wa(ers, a recommendation limiting interimtionni supervision to 
 boundary waters and waters tlowing from boundary waters can not 
 
78 FINAL EEPOET OP THE INTERNATIONAL JOINT COMMISSION. 
 
 be justified unless it can be shown that no regulation of the inflow 
 into houndary waters is necessary or desirable, or otherwise that 
 the interests using boundary waters are sufficiently protected against 
 any possible injury from the use of or interference with tributary 
 waters. This is not shown, nor can it be. 
 Interference with the natural flow of tributary waters may be 
 fraught with as serious consequence to the interests 
 
 storage in trIbaUrjr . -i.-ij- • <• 
 
 lake* In dry yean ai usmg boundary waters as the total diversion of 
 irriou a« total dWer- tributary waters, depending largely upon the mag- 
 
 ilon from watenhed. • , t t ^i l. i n • \ • i 
 
 nitude of the streams whose now is under considera- 
 tion and the uses to which the boundary waters are being put. 
 In the Lake of the Woods watershed, above Rainy Lake, there 
 are a number of large tributary lakes. On several of these lakes 
 more than an entire normal year's run-off from the tributary 
 watershed can be stored. The less the annual run-off, and con- 
 sequently the greater the demand for water in all reservoirs below 
 where regulation to increase the utilizable flow, as against the de- 
 pendable flow, is in effect, the greater becomes the relative storage 
 capacity of these tributary lakes. The storage of water in these 
 large tributary lakes on either side of the boundary during dry 
 years will result in as complete an abstraction, in so far as the 
 advantageous use of the water is concerned. To illustrate, the 
 regulation recommended for the Lake of the Woods aims to increase 
 the dependable outflow. Under this method of regulation all water 
 over and above the average supply of the most extreme period of 
 dry years occurring perhaps once in intervals of 25 years is wasted. 
 In other words, water stored to increase the dependable outflow from 
 the Lake of the Woods will, on an average, be used only once in 
 about 25 years. The remainder of the time the water is held in 
 the reservoirs pending this emergency. Regulation on Rainy Lake, 
 on the other hand, has as its object the greatest possible increase in 
 utilizable flow. Under this method of regulation the present storage 
 capacity of 100 billion cubic feet is fully utilized every few years. 
 The impounding of water in tributary lakes in the upper Rainy 
 watershed for the purpose of increasing the dependable outflow 
 from the Lake of the Woods, for example, would result in as com- 
 pletely abstracting these waters from the Rainy Lake supply during 
 ordinary low-water years as would their total diversion. Moreover, 
 during high- water years these reservoired lakes, being full, would 
 discharge their flood waters as rapidly as they flow in. This would 
 result in increased flood discharges from these lakes. In this way 
 the flood inflow into the reservoirs below would be increased over 
 what they were in a state of nature, and consequently the effective 
 storage capacity of these reservoirs would be reduced. Similarly, 
 any storing of water during the winter months and the discharge 
 
FINAL BEPOET OF THE INTERNATIONAL JOINT COMMISSION. 79 
 
 of such waters during the log-sluicing season of early summer re- 
 sults in reducing the low-water flow and increasing the flood flow 
 from all lakes so used. It would appear entirely reasonable to limit 
 the storing of inflow into reservoirs to the period during the spring 
 break-up when there is an excessive supply or at other times when 
 the water supply is ample. In view of the development of tlie Lake 
 of the Woods and the Rainy Lake reservoirs at relatively large cost, 
 as well stated in the Final Report, it would appear unwise to permit 
 either such diversion or such use or interference with the natural 
 How of tributary waters as would materially lessen the value of 
 these reservoirs for which they were created. 
 
 Although it may be urged that interests in one country injured 
 by the use, diversion, or mterference with the natural flow of 
 tributary waters on the other side of the line, may, under Article II, 
 seek redress in the courts of the country in which such use, diver- 
 sion, or interference occurs, nevertheless it would seem far more 
 conducive to the harmonious use and development of the resources 
 of this region, and to the promotion of friendly relations between 
 the people of the two coimtries, to have the extent of such poesible 
 injury determined in advance by an international tribunal than to 
 rely upon later awards for damage by the courts of one naticm or 
 the other. 
 
 Free and unrestricted use of tributary waters will sooner or later 
 give rise to questions of difference between the two Governments or 
 the inhabitants of the two countries. Moreover, it would seem per- 
 tinent to ask why international supervision should be exercised over 
 boundary waters so as to permit of the most advantageous use of the 
 waters ffowing from boundary waters and no superrisioD be exer- 
 cised over waters flowing into boundary waters so as to permit of 
 the most advantageous use of boundary watert. I believe inter- 
 national supervision should be exercised over aU the waiere of this 
 watershed so as to permit of their most advantageous use, comideMd 
 as a whole. 
 
 If the sii))ervision and control, reooniniended in the Final Report, 
 
 B«r«r«M« eoauv ^^ limited to boundary waters because no control 
 putM waiTff of AHi- (,f tril)titarv waters is authorizeil under the treaty, 
 
 rU II of UtiAi M It .«..*,.,• . , , 
 
 m»um u thM« wa- or if it 18 claimed that any system of control that 
 **^ would include waters directly m* indirectly tribu- 
 
 tary to boundary waters would contravene the provisions of Article 
 II of the treaty, and that therefore the oommiMion ooold not recom- 
 mend supervision over tributary waters, then I respectfuUy sag|Ml 
 that this is not a question for the oommisiion to decide. 
 
 If the parties to the reference intended that in its examination 
 of the questions submitted to it the commtan<» should not coMkUr 
 waters tributary to these boundary waters, they would have e xc epted • 
 108089-lT • 
 
80 FINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 such waters from consideration, as provided in Article IX of the 
 ti-eaty. 
 
 The scope of the recommendations which the two Governments 
 desire the commission to make can not be ascertained from the 
 treaty. It can only be ascertained from the reference, and from 
 this it appears that the two Governments desire to know whether 
 the proper regulation of the level of the Lake of the Woods and 
 the most advantageous use of the inflow and the outflow can, among 
 otiier ways, be best secured through the construction and operation 
 of dams and regulating works in the waters which are directly or 
 indirectly tributary to that lake. Since, through the treaty, both 
 Governments have expressly reserved to themselves exclusive juris- 
 diction over tributary waters, they must, in using the above lan- 
 guage, deliberately have waived the provisions of Article II of the 
 treaty in so far as it applies to the tributary waters of this region. 
 
 If the system of supervision and control which will best serve to 
 secure the advantageous use of the waters of this watershed, to main- 
 tain the recommended level on the Lake of the Woods and best pro- 
 vide for tlie harmonious development and the protection of all 
 interests involved, and which will best serve to promote friendly 
 relations between the two Governments and the inhabitants of the 
 two countries, can not be placed in operation under the provisions 
 of the existing treaty, the high contracting parties may, by a joint 
 declaration, provide that Article II ''stand in abeyance"^ in so far 
 as the same applies to the waters of this region; or they may make 
 a new convention for the purpose of putting into force and effect 
 the system recommended, notwithstanding this article. 
 
 That the most advantageous use of the waters of the Lake of the 
 Woods and of both the waters flowing into and those flowing from 
 the lake is made the basis for consideration in this investigation, and, 
 as previously stated, is so recognized by the commission in its Final 
 Report, yet the recommendations are not entirely consistent in this 
 regard. Even as they stand these recommendations are not wholly 
 within the provisions of the treaty. For example, the level recom- 
 mended for the Lake of the Woods reduces the amount of potential 
 water power in the United States at the Long Sault Rapids on the 
 Rainy River by about 1,000 horsepower below what would be 
 available if the level which would best serve all the interests on the 
 United States side were recommended and which would give the 
 United States full enjoyment of the one-half of the available bound- 
 ary water supply to which, under Article VIII of the treaty, it is 
 entitled. However, this commission is unanimously of the opinion, 
 as stated on page 26 of the Final Report, that inth proper compen- 
 
 ^ This Is quite common. It was done by Great Britain and France in respect to Egypt 
 and Morocco in their declaration of Apr. 8, 1904. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 81 
 
 sation to all property and interests injuriously affected the recom- 
 mended level will permit of the most advantageous use of tbeee 
 waters. In other words, the basis for the recommendation is the 
 advantageous use of the waters under consideration without reference 
 to treaty provisions. 
 It does not appear reasonable to adhere to the provisions of the 
 treaty if by deviation from those provisions the 
 ■w OB uppw water- beneficial use of these waters as a whole may be 
 sh«i low to United crjeatly increased. There would seem to be no good 
 
 Sttteii Inlerestfi be- *^ • i i i 
 
 rsuHe of Lake of the leason whv One nation should not accept compen- 
 woou. lejeb coaid b« satiou for a right possessed under the treaty which, 
 
 rorapemiated for. •«•!• -ii- •/»• 
 
 if relmqmshed in a specific instance, would permit 
 its neighbor to enjoy benefits otherwise lost to both nations aggre- 
 gating many times the value of that which has been relinquished. 
 When it is impracticable to give money comi^ensation it may be 
 possible to give comj)ensation in kind. For example, Canada might 
 ])rovide reservoir storage on the upper Rainy watershed and thus 
 supply an amount of water whose power was equivalent to that lost 
 by the United States as the result of the maintenance of a level on 
 the Lake of the Woods, which reduces the available power at the 
 liong Sault Rapids. 
 
 It has likewise been pointed out in the Final Report that the 
 most advantageous use of the waters of the Upper Rainy water- 
 shed for power ptirposes on that watershed and on the Winnipeg; 
 River, considered as a whole, could be secured by limiting the 
 rate of discharge from Rainy Lake whenever ston>d water is 
 being drawn upon to a rate of about 8,000 c. f. s., but that such 
 regulation would reduce the available water power at Interna- 
 tional Falls and Fort Frances by substantially 1,000 horsepower, 
 or one-twentieth of the total power nvailnble at that site. Sudi 
 regulation, while resulting in a loss of alNiut .'tOO horsepower to 
 the United States, would increase tiie potential water power on the 
 Winnipeg River in (^inada by about 2r>,(HH) horsepower. For some 
 years to come Canada will not re<|uin' this additional power, but 
 when that time comes the situation can be met if Canada will pro- 
 vide reservoir storage on tribuUiry Inki's within her borders, sad 
 in this way supply an amount of wat«>r rapabie of dowlopiiv 
 power equivalent to that which the United States woald km 
 under the mo<lified i*egulation of the outflow fnm Rainy Lake. 
 Evidently, since such storage would be created for the porpoae of 
 reimbursing the Unit<»d SUtw, international suponriaion over the 
 regulating works controlling this storage would ba eMintial if 
 the intended reinibursenu'nt is in fact to ba rtaliaed. 
 
 Without a comprehensive plan of intenuilianal supervision orar 
 all the waters of the watershed, international qiinationn or matters 
 
82 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 of difference will not be prevented from arising hereafter, espe- 
 cially when, as at the present time, power and commercial devel- 
 opment in the Lake of the Woods region is a matter of such tre- 
 mendous importance to the people of both countries. Without 
 international supervision the difficulties which have attended every 
 development yet completed or projected on this watershed will not 
 be removed. 
 
 At present it is the undoubted right of both Governments within 
 their respective jurisdictions and subject to the 
 thetewlunlloSSill provisions of the treaty under which this refer- 
 lubordiuud to laUt- ence is submitted to use these boundary waters, 
 "u.M'do'bSSSi«'i!'' including waters flowing therefrom and their 
 tributary waters, for any purpose and in their 
 own interest or for the benefit of their respective peoples. This use 
 also involves State, provincial, corporate, and private rights; these 
 latter rights, except commercially, are, however, on account of possi- 
 ble international differences arising out of their exercise, subordinate 
 in rank and importance to the international rights involved. 
 
 Hence, the regulation of the level and flow of these waters, to- 
 gether with the supervision and control over all dams and regu- 
 lating works therein, should, as far as practicable, be removed from 
 private, local governmental, and even national interest and influ- 
 ence, not only for the purpose of securing their most advantageous 
 use in both countries, considered as a whole, and the protection and 
 development of all interests involved, but also, and what is far more 
 important, for the purpose of preventing disputes between the two 
 Governments or the inhabitants of the two countries hereafter from 
 arising on account of such use. 
 
 For these purposes, regulation, supervision, and control need not 
 be exclusively international. Its primary object would be to protect 
 navigation interests of both countries in these lakes and rivers in 
 both high and low water periods; to protect the rights of riparian 
 owners during seasons of excessive inflow into the reservoirs, while 
 at the same time permitting the most advantageous use of the waters 
 for power purposes, leaving to the owners of all dams and regu- 
 lating works therein the right, subject to the limitation of such 
 international control, to use the same under their respective local 
 governmental jurisdiction for the purposes for which they were 
 built and are maintained. 
 
 I maintain, therefore, from the standpoint of the scope of the 
 reference, from the standpoint of securing the most advantageous 
 use of the waters of this entire watershed, and also from the stand- 
 point of a sound, comprehensive international policy, that what is 
 necessary and what the two Governments desire is, that the advisory 
 judgment of the International Joint Commission shall be sufficiently 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 83 
 
 broad and comprehensive to cover the control of all the waters out 
 of which previous and pending questions of difference arose, or out 
 of which similar questions may hereafter arise. 
 
 In view of this I respectfully recommend that, subject to the limi- 
 tations already set forth in the Final Report, the 
 
 soperriiiom Md eon- International Joint Commission be authorize*! to 
 
 trol orer exJstlBg »nd • • j i 
 
 «ii future d«mi or exercise supervision and control over the opera - 
 or'IuTwiitenfcel*" *^°^ ®^ *^^ dams and regulating works already con- 
 structed or which will hereafter be constructed, 
 whether in boundary waters or in waters flowing therefrom or in 
 tributary waters but which will materially affect the level or the flow 
 of the boundary waters of the Lake of the Woods watershed. 
 
 And further, that, as a matter of sound international policy, 
 neither Government should permit any use or diversion or inter- 
 ference with the natural flow of any waters within its jurisdiction 
 which are tributary to the boundary waters under consideration, 
 and which would result in any injury on the other side of the 
 boundary, without the approval of the International Joint Com- 
 mission, and that the decision of the commission in all such cases 
 be made final. As a condition of its approval said commission should 
 require that suitable and adequate provision, approved by it, be made 
 for the protection and indemnity of all interests on both sides of the 
 line which may be injured as the result of such use, diversion, or 
 interference with the natural flow of waters tributary to the bound- 
 ary waters under consideration. 
 
 If international supervision over the entire watershed is adopted, 
 with a view of securing the most advantageous use of its waters, 
 considered as a whole, and after the demand for water power on the 
 Winnipeg Hiver makes it desirable to further increase the depend- 
 able outflow from the Lake of the Woods over and above that con- 
 templated in the recommendations of the commission, said inter- 
 national control over the regulating works at the outlets of Rainy 
 Lake and Lake Namakan may be exercised with a view of limiting 
 the rate of discharging waters, whenever necea sa ry, to such a rate 
 as will assure that Rainy Lake and the lakes above Kettle Falls will 
 be full at the beginning of a dry period of years by the time it lie- 
 comes necessary to draw on the stored water on the Lake of the 
 Woods. Such modifications in the method of r<>gulating the outflow 
 from Rainy Lake in the interest of power development on the Win- 
 nipeg River shall not be adopted, however, until Canadian intereatii 
 shall first have provided additional storage on the Oanadian aide of 
 the Upper Rainy watershed to compensate for the Iocs of power 
 which SQch change in the method of regulating the outflow from 
 Rainy Lake will enUil upon the power intentti on the United Slitce 
 side of the Rainy River. 
 
84 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 MEANS OB ABBANOEMENT FOB MAKING BECOMMENDATION 
 
 EFFECTIVE. 
 
 As I interpret the last half of question three, it calls for a specific 
 AMwer to qoMtion recommendatioii. On the other hand, the com- 
 » in flnti report ia- mission has not so interpreted it, and in consequence 
 '**"'* ■ the Final Report contains no recommendation on 
 
 the subject of the " means or arrangement " necessary to the proper 
 construction and operation of regulating works or as to how best to 
 secure and maintain a system or method of regulation. As I con- 
 fi^true it, question three involves not one but two separate and distinct 
 recommendations : 
 
 First. '• In what way or maimer, including tlie construction and operation of 
 danjs and other works at the outlets and inlets of the lake," or in its trH)utary 
 waters, " or otherwise, is it possible and advisable * * * to maintain the 
 level recommended in answer to question one." * » * 
 
 Second. " By what means or arrangement can the proper construction and 
 opwation of regulating works, or a system or method of regulation be best 
 securjed," etc. 
 
 There is a wide distinction between the physical character of tlie 
 dams and other works by which it is possible and advisable to regu- 
 late and maintain the recommended level and the " means or arrange- 
 ment " by which these regulating works can be properly constructed, 
 operated, and maintained, or a method of regulation be best secured. 
 Both are equally eesential. Without the physical structures or the 
 right to exercise a limited control over existing structures there 
 could be no regulation. It is equally true that without some ar- 
 rangement between the parties for the acquisition of the necessary 
 right to construct these works or the right to a limited control in 
 the operation of existing structures, and the right to submerge 
 riparian lands in consequence thereof, the physical means necessary 
 for such control and regulation could not be secured, operated, or 
 maintained. Without either or both, none of the recommendations 
 under the reference could be made effective and the questions of 
 difference between the parties would remain unsettled. 
 
 The words "the proper construction of regulating works" does 
 not call for a recommendation as to a plan with specifications for 
 the construction and operation of these works. This would be an 
 engineering detail entirely foreign to the subject matter of the ref- 
 erence. On the other hand, where, as in this case, the right does not 
 exist, proper construction involves the acquisition of the right to 
 construct, operate, and maintain, together with the right to overflow 
 riparian lands. Neither Government possessing these rights and 
 havmg no authority to acquire the same, either jointly or severally 
 for the benefit of the other, within their respective jurisdictions, 
 
Platb 17. 
 
 KRONT 8TRKKT, FORT FRANCRl*. 
 
FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 85 
 
 they have, as I claim, very naturally asked this commission to make 
 an appropriate recommendation in the premises. 
 
 The particular thing required for the accomplishment of a certain 
 purpose is an altogether different proposition from the " means or 
 arrangement" by which the thing thus required can be properly 
 obtained. They involve altogether different considerations. Hence, 
 as I construe it, the last part of question three means: How can the 
 necessary rights for the proper construction, maintenance, and oper- 
 ation of the controlling works, recommended in answer to the first 
 part of question three, or a system of regulation, etc., "be best 
 secured and maintained ? " 
 
 The construction, operation, and maintenance of the necessary con- 
 trolling works, or the recommended system of regulation, including 
 supervision and control, involves the rights and interests of both 
 Governments and of the inhabitants of both countries. 
 
 The questions set forth in the reference have arisen out of the 
 independent use, for about 30 years, of a common 
 
 Rights BfCMMry to ,, '., , ^ tx- 
 
 sMorc and mminuiB natural resource, viz, boundary waters. During 
 recommended regnia- t^jg period such use gave risc to seHous differences 
 between the people of the two countries, and was 
 also the subject of diplomatic correspondence between the Govern- 
 ments. The maintenance of the level now recommended for the 
 Ijake of the Woods, not only in the interest of navigation in both 
 countries, but of power development in Canada, neoeantates the 
 acquisition of flowage and other rights, because only in this way 
 can the most advantageous use of these waters be rightfully and 
 permanently secured. Regulation in the interest of nsTigation 
 alone does not necessitate the acquisition of flowage above elcration 
 1,062 sea-level datum, but this interest requires a minimum stags 
 above 1,066. The Winnipeg River water-power intsreats require a 
 certain range in levels over a long period of years in order to ssetire 
 a satisfactory uniform rate of outflow from the lake. If it wers not 
 necessary to keep the low-wator stage above 1,056 during the naviga- 
 tion season, however, the range required by the power interests could 
 be secured below ordinary high- water mark in a state of nature. In 
 other words, neither the water-power interests o^oim, nor the naviga- 
 tion interests ai&ney require flowage above elevation 1,064, but hotfi 
 interests using the waters of the Lake of the Woods 9inmUmtou*ly 
 do require flowage above that elevation. 
 
 In addition to securing these flowage rights, it will bo nsosssary 
 also to acquire the right to enlarge outlets, to construct and maintain 
 dams or other controlling works, and to acquire the right to control, 
 in part at least, for the purposes above set forth, existing dams aiul 
 controlling works in these boundary waters and in watsn flowing 
 into and from them. 
 
86 FINAL EEPOBT OP THE INTEENATIONAL JOINT COMMISSION. 
 
 Any arrangement for the acquisition of these necessary rights in- 
 volves the taking of private property within the 
 ArrtBfCHeBt for jurisdiction of both Governments. 
 
 arqairiniir neee«»mry 
 
 righu of flowage, tu. If the recommendations are approved, they can 
 be made effective only by a special agreement be- 
 tween the high contracting parties under Articles III and IV of 
 the treaty of January 11, 1909, or by virtue of a new treaty. In 
 my judgment, the above treaty clearly authorizes such an agree- 
 ment, and in it the "means or arrangement" referred to in ques- 
 tion 3, by which the acquisition of all necessary rights may be 
 provided for. These necessary rights can not be acquired, however, 
 in either country except in accordance with the principle of due 
 process of law and just compensation. The procedure for their 
 acquisition must, therefore, and in any event, satisfy all the legal 
 requirements of both countries in respect thereto. This plan of pro- 
 cedure, then, should in the main include: 
 
 First. A declaration by the high contracting parties setting forth 
 the purposes for which the taking of property is necessary. This 
 should be stated to be, primarily, to settle the pending questions of 
 difference set forth in the reference and to prevent similar questions 
 from hereafter arising between the parties along this part of their 
 common frontier on account of the independent use of these boundary 
 waters, and by providing for their most advantageous use hereafter 
 in both countries, as recommended by the commission. This would, 
 constitute a public use and authorize the taking of property for this 
 use under the power of eminent domain and expropriation. 
 
 This declaration should also set forth how the use of the property 
 to be taken will accomplish the declared purpose of its taking. It 
 should likewise contain a general description of the property to be 
 taken, including a description and the location of such necessary 
 structures, excavation, etc., in the outlets and inlets of the lake and 
 in its tributary waters, and the nature and extent of any rights re- 
 quired for the operation and control of any existing structures 
 deemed necessary in connection therewith. 
 
 Second. It should also authorize the appointment of a special 
 commission, consisting of two, one from each country, or authorize 
 and direct the International Joint Commission, in the name of the 
 United States and the Dominion of Canada, to acquire the property 
 described by purchase or to proceed for that purpose by public 
 hearings, upon due notice to all parties in interest, of the time and 
 place of each hearing, and ascertain from competent evidence the 
 ownership and reasonable value of the land to be taken, destroyed, 
 or damaged, as follows : Along the shores of the Lake of the Woods 
 between the meandered shore line and contour 1064. And, when 
 directed so to do, along the shores of Rainy Lake between ordinary 
 
FINAL BEPOBT OF THE INTBBNAnONAL JOINT COMMISSION. 87 
 
 high- water mark under natural conditions and contour 501, public 
 works datum. Along the shores of Lake Namakan l>etween ordinary 
 high water under natural conditions and contour olfi, public works 
 datum. 
 
 And in the same manner ascertain in each separate case the owner- 
 ship and reasonable value of any existing structures in the outlets 
 and inlets of the Lake of the Woods or in the outlets and inlets of 
 any of its tributary waters, the taking of which is deemed necessary 
 for such proposed use, and the reasonable value of the right to con- 
 trol and regulate, in common with the owner, the operation of any 
 existing physical structures in said outlets and inlets, whether pub- 
 licly or privately owned, where it appears from said declaration to 
 be necessary to acquire such right of limited control. 
 
 And in the same manner ascertain the ownership and reasonable 
 ^ alue of any and all other property taken, destroyed, or damaged 
 for the purpose of such public use, such as lands, buildings, etc, used 
 in connection with fisheries on said lakes, camp sites, docks, wharves, 
 boathouses, and other property owned and used in connection with 
 the ownership and occupancy of any island in said lakes for residence 
 or for other purposes. 
 
 And in the same manner to ascertain in each case the damage, if 
 any, sustained by any organized or unorganized municipality or 
 village on account of the levels of the Lake of the Woods and Rainy 
 I^ake l)eing maintained as recommended, including also any injurious 
 effect on that account upon the sewerage and drainage system in 
 use therein. 
 
 In ca.se it is agreed that the International Joint Commission shall 
 proceed as hereinbefore set forth, ^aid comnii.ssion ."Uiould l)c author- 
 ized to appoint u conunittee or conunittei>s of its own members to 
 hear and I'eport to it the evidence taken and to issue commiisiions 
 to take and return testimony for the purposes herein stated. 
 
 At the conclusion of said hearings, and aft<*r careful consideration 
 of all evidence, said conunission sliould make and sipi its award in 
 each separate ca.se as to the ownership and the aniount of damage 
 awarded to the owners of or other parties legally interested in tiM 
 land so taken. Also in all cases whore the value of dams or other 
 contn)lling works aro involved, or where only the right of a Um« 
 ited control is acquired for the purintse of accomplihliing and main- 
 taining the roconunendcd .system of .sU|>ervi8ion and control. It 
 hhould also Ih» directctl to prtKX'ed in like manner and make and 
 sign its award in all other ca.sco involving damage to property otlier 
 than tiiat alK)ve mentioned but descrilnxi in said declaration. 
 
 In ciiH* .said connni.s.sion (if it is a 8|)ecial commiflsion creeled for 
 this purpose) .siiouKI bi> unaltle to agree u|K)n iU awerd in any eeee, 
 the memU'i-s thereof shoidd Iks authorixetl to select a third memlier 
 
88 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 from either country, whose diit}^ it shall be to carefully consider all 
 the evidence in such case and then join with one or the other of said 
 commissioners and with him make and sign its award in said case, 
 which award shall be taken as the final award of said commission 
 in that particular case. 
 
 In case any owner of, or other party legally interested in, land 
 lying along the shores of any of the waters herein mentioned waives 
 his or its right to compensation for any land taken, destroyed, or 
 damaged, such waiver shall be in writing, duly signed and acknowl- 
 edged by the maker, and said commission should be authorized to 
 receive and accept the same as the basis of its award in that case. 
 
 Third. Said award, when made and signed, should then be 
 reported to and filed in the Federal courts of both countries within 
 whose jurisdiction the land or other property described therein is 
 situated, and at the same time said commission should also file in 
 said court, with its awards, copies of all notices, and on whom served, 
 of the times and places of such hearings, etc.; also maps, if any, 
 showing the location of said lands or other property, and also the 
 evidence taken in each case upon which said awards are based. 
 
 Fourth. The filing of said report and awards should be taken and 
 deemed to be the commencement of an action therein for the pur- 
 poses set forth in said special agreement. Thereafter, and upon the 
 application of either (Jovcmment, the court shall make and enter 
 its order directing that the applicant or applicants for such order 
 shall cause notices to be served upon or given to, at their own cost 
 and expense, the owner of land or other property descril)ed in each 
 of said awards, and upon any party who it appears therefrom is 
 legally interested therein. Said notices should be to the effect that 
 the report and awards of said commission have been duly filed, the 
 amount thereof, and that if the owner of said land or other property 
 is, for any rea.son, unwilling to accept the same, he may, within 60 
 days from the date of the service of said notice, appeal, specifying 
 fully his ground of appeal. Either Government may also and in 
 like manner appeal. Such appeal may be noticed for trial, as in 
 the case of other civil actions in said court, and all proceedings there- 
 after had thereon shall conform to the rules governing the trial of 
 similar cases in said courts. 
 
 At tlie conclusion of the trial of all such appeals, judgment shall 
 be entered upon the verdict or decision fixing the amount of damages 
 payable to the several parties concerned and prescribing the terms 
 and conditions of the taking. I'pon payment of said damages, cost 
 and interest, if any, the Governments, or either of them, shall be 
 permitted to take possession of said lands or other property and 
 appropriate the same to the public use for which it has been taken. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 89 
 
 subject to the provisions of such judgment; and, until reversed or 
 modified in a diie<'t proceeding be^im for that i)urpose. said judg- 
 ment sliall be binding upon all parties thereto and ui)on their respec- 
 tive successors and assigns. 
 
 In all cases where no appeal is taken from the awards of said 
 commission within the time fixed by said notice, the judgment of 
 the court shall likewise be entered and have the same force and 
 effect as in cases where verdicts or decisions on appeals have been 
 lendered, provided that, where judgment is entei'ed upon the award 
 without appeal, it shall be for an amount equal to 10 per cent in 
 excess of the amount of the award, and all awards shall bear interest 
 at the rate of 6 per cent per annum fi'om the date of their being filed 
 in said court. 
 
 Fifth. It should also be provided that either of the Provinces, or 
 the State of Minnesota, or any person or corporation in either 
 country interested in the ultimate use of said waters, shall be per- 
 mitted to appear at said hearings and present in its or their own 
 behalf any material evidence relating to the subject matter of the 
 hearings. 
 
 Sixth. As to lands or other property in Minnesota all awards not 
 appealed from, and all awards confirmed by the court should, in the 
 first instance, be made a charge upon the United States. As to lands 
 or other property in one or more of the Provinces, all awards not 
 appealed from, as well as those confirmed by the court, should, in 
 the first instance, be made a charge upon the Dominion of Canada. 
 
 Seventh. The commission should be authorized to apportion the 
 total cost of acquiring the property, fiowage, and all other rights 
 necessary to the proper construction or control of all danus and other 
 regidating works, or to the nmintenance of the system of regulation, 
 supervision, and control, recommended either in the Final Report, or 
 herein, between the United Stateii and the Dominion of CaiUMU, on 
 the basis of the benefits secured by eacli, or upon such other h&ut M 
 may appear to the oommiiwion just and equitable. The decision of 
 the commission in this reepect should be made final. If it should 
 happen, however, that either country was liable under suoh appor- 
 tionment for a sum greater than the amount adjudged and charged 
 against it in the first instance under the sixtli paragraph hereiu, the 
 amount of such exc6M should be stated and reported to both Gov« 
 ( rnments as the finding of the commission, and made a final charge 
 against that Uovomnient in addition to the amoawt charged agaoMt 
 it in the first instance, and such eiocsi should then be paid by said 
 (tovernnent to the Qovemment against whom it was ori^nally 
 charged. 
 
Each Goreraaeit 
 muit obtain ffithtm the 
 
 90 FINAL BEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 DISCUSSION or RECOMMENDATION FOB ACQUIRING NECESSARY 
 
 RIGHTS. 
 
 The foregoing recommendation involves principles of international 
 and national importance ; principles which are fundamental and well 
 established, but which have perhaps never before been applied to 
 the settlement of an international dispute. This fact, however, does 
 not prove that their application, in this case, is either impracticable 
 or unsound. 
 
 To secure the proper construction and operation of the controlling 
 works in the outlets and inlets of the Lake of the 
 Woods and in the waters tributary thereto, or a 
 jurudtetioa of tke sjstcm or method of regulation that will insure 
 otfcer^e.rtaJ. property « ^j^^ ^^^^^^ advantageous use of the waters of the 
 
 Lake of the Woods and the waters flowing into 
 and from that lake," for the purposes stated in the reference, and 
 a settlement of the questions and matters of difference between the 
 parties to the reference, each Government must obtain, within the 
 jurisdiction of the other, certain property rights. This fact should 
 Ivc kept constantly in mind when considering the foregoing recom- 
 mendation. Whether these rights should be vested rights, acquired 
 jointly by the two Governments for their common use and benefit, or 
 acquired severally within the jurisdiction of each and then held in 
 trust for the benefit of the other, seem too clear to admit of discussion. 
 The interdependent interests, the importance and value to both 
 
 countries and their people of permanently securing 
 •hMidb«mUdrl/iita! *^^ *^® material advantages from the use of these 
 
 waters and preventing such use from hereafter 
 l>eing a disturbing factor between the two Governments, are of such 
 magnitude that the rights acquired in respect thereto should be per- 
 manent and irrevocable. If acquired severally and thereafter held 
 by the Government acquiring the same in trust for the benefit of the 
 other the uncertainty of tenure would seriously impair the stability 
 of these rights and probably constitute a barrier in the way of the 
 development of the water powers of this region, because rights thus 
 held could be renounced at will. 
 
 It therefore becomes necessary to consider the question of how 
 the parties to the reference can legally acquire and hold, under the 
 jurisdiction of the other, these necessary vested rights in order to 
 insure the satisfactory maximum water-power development in both 
 countries this region affords, and at the same time safeguard the 
 
 rights and promote the development of the inter- 
 
 ■SJ" and* hold **prJJi ^^^^ ®* *^^^^ respective peoples. The first question 
 
 erty iB another for a to be Considered in this connection is: Can a State 
 
 i"*j^8«ctio'i7** *" ^^ ^*^ public capacity hold nonterritorial property 
 
 in another State or can a sovereign State limit 
 or qualify its proprietary sovereignty by permitting another State 
 
FINAL BEPOET OF THE INTEKNATIONAL JOINT COMMISSION, 91 
 
 ^» :^-.^ • 
 
 to acquire and hold property within its ten-itorial jurisdiction for 
 the use and benefit of such other State within its jurisdiction or for 
 the use and benefit of its inhabitants? In discussing this question 
 Taylor, International Public Law, page 263, says : 
 
 A State may limit or qualify Its sovereignty and jurisdiction over its terri- 
 torial property by permitting a foreign State to perform witliin its boundaries 
 certain acts otherwise proliibited, or by surrendering the right to exercise 
 ceitain parts of its domestic Juristliction as a protection to others. 
 
 The doctrine here laid down is supported by all text writers on 
 international law. It is aitjo affirmed by the Supreme Court of the 
 United States in many cases. In the case of the "Exchange" (7 
 (^ranch., 135) Chief Justice Marsliall, delivering the opinion of the 
 court, says : 
 
 The Jurisdiction of the Nation within Its own territory is necessarily ex- 
 clusive and absolute. It Is susceptible of no limitations not imposed by ifelf. 
 Any restrictions upon it deriving validity from an external source would 
 imply a diminution of its sovereignty to the extent of its restriction, and an 
 investment of that sovereignty, to the same extent in that power, which could 
 impose that restriction. All exceptions, therefore, to the full and complete 
 power of a nation within its own territory must be traced to the couaeut of 
 the nation itself. They could flow from no other legitimate source. 
 
 The power of a nation to restrict its proprietary sovereignty by 
 granting to another nation the right to acquire and hold title to 
 land or vested rights or easements therein the same as if held by • 
 private individual can not l>e questioned. Lands, rights, or esse 
 monts thus acquired are held, however, sul)ject to the political 80V> 
 ereignty of the nation grunting the right to hold the same.* It is 
 true that in this case the discussion was confined to the relationship 
 between the United States and n State under such circumstanoss, 
 but the difference presents only a question of policy and not of 
 power. This doctrine ha.s also l)een universally reoognissd and 
 followed by nations " time out of miml,*' as appears from Uiair 
 treaties. The granting of this right, however, does not inv<4ve or 
 carry with it any surrender of politicHl sovorcignty. Tlut remains 
 unchanged and supreme. 
 
 (treat Hritnin, in the treaty of 1783 with the United States, agreed 
 to restrict her proprietary right over certain fishing grounds bj 
 granting to United Stute.s fi.shermen the right to fish in certain 
 wiit«>rs within her territorial juri.sdiction in North America, and 
 alsd to \niu\ tlu'ir lK)ats on lier territory for ttie purpose of drying 
 their nets and ctiring fi.qh. After tlu> War of 1812 these rights were 
 recognixeil as valid and were reaflirnuHl by the treaty of 1818. 
 
 While tl»e riglit of ono nation to qualify its jurisdiction over its 
 own territorial pi-operty by permitting a foreign nstiou or the people 
 
 > Ue?«aw«rtli KallroMi CMipeajr ». How* (114 U. 8^ 5SB, StS). 
 
92 riNAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 of another country to perform certain acts, or acquire and hold 
 property which otherwise would be prohibited, can not be success- 
 fully questioned, yet this applies in this case only in so far as it 
 would enable the United States or the Dominion of Canada to hold 
 within the jurisdiction of the other the rights necessary to make the 
 recommendations of the commission effective. 
 
 The rights, however, which both parties must have for this pur- 
 pose are not rights which either now possess. They are rights 
 which belong to their respective inhabitants and, if not voluntarily 
 granted, can be acquired only for the purposes desired, by aiid 
 through the exercise of the sovereign power to take private property 
 for a public use. Can this power, by agreement, be exercised joiutly 
 by the high contracting parties for this purpose? 
 
 I fully realize that to propose, for the purpose of settling an 
 international dispute, to authorize one Government to take private 
 property within the jurisdiction of another for a use to be enjoyed 
 by that Government within its own jurisdiction, or for a use to be 
 enjoyed by its citizens or subjects, outside of the jurisdiction of the 
 Government in which the property is situated, is essentially new. 
 Yet, as I have said before, that is what must be done in this case 
 if the questions and matters of difference set forth in this reference 
 are to be satisfactorily disj^osed of and the ccmtrol and regulation of 
 these waters, in the interest of both, is to be secured and perma- 
 nently maintained. This serves to emphasize the necessity for a 
 reconmiendation in the premises and the consideration of the ques- 
 tions it involves. 
 
 While the right to take private property for a public use is a 
 
 Procedure muni ro»- Sovereign right, and the i:)rocedure for its exercise 
 form to fandamfntai may differ souicwhat in the respective jurisdic- 
 tions of the two countries, yet in either jurisdic- 
 tion the procedure must conform to the fundamental law of each. 
 Under either or both the rights of the citizen or the subject with 
 respect to the taking of his property for a public use are substantially 
 the same. They emanate from the same common source and both are 
 protected in their enjoyment under the same or similar rules of law. 
 In the United States, under a written Constitution, these rules are 
 perhaps more rigid, or less flexible, than in the Dominion of Canada. 
 Therefore, if the recommendation for this purpose meets the re- 
 quirements of the Constitution and laws of that country, it will 
 not likely be found inconsistent with the laws governing the taking 
 of private property in the Dominion of Canada. In neither coun- 
 try, however, can such property be taken for any purpose without 
 compensation and in accordance with the principle of due process 
 of law. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 93 
 
 It being conceded that the questions or matters of difference be- 
 tween the Governments in this case have arisen out of the independent 
 use of these boundary waters, which are the common property of 
 both, and that some arrangement between them for the acquisitioo 
 of certain rights within the jurisdiction of each is necessary in order 
 to satisfactorily adjust the same, and thereafter avoid similar ques- 
 tions from arising from the same cause, and that this necessarily in- 
 volves the taking of private property, it follows that, if the pur- 
 pose for which the property is to be taken is such as would authorize 
 its taking within the jurisdi-tion in which it is situated, then by 
 agreement such property may be taken for that purpose upon the 
 joint action of both Governments for their mutual benefit, and there- 
 after held in common, provided such agreement is authorized by 
 law. The high contracting parties each possess and 
 
 Partlen may Bfree . *= » ■ , • 
 
 to do joiBtij that may exercise the power of eminent domam or ex- 
 which they may do propriation in their respective jurisdictions, for 
 their own or the public good. It follows, there- 
 fore, that in their sovereign capacity, they may by treaty agree 
 to do jointly and for their mutual welfare, in their respective 
 jurisdictions, that which they are authorized to do severally. 
 This principle is recognized by the treaty under which the two 
 Governments submit this reference. They have clothed this com- 
 misKion with final jurisdiction in both countries in certain matters 
 which involve the rights, obligations, or interests of either in rela- 
 tion to the other, or to the inhabitants of the other. They may, 
 therefore, conclude a treaty providing for the institution of I^ptl 
 proceedings in either or both countries for the taking of private 
 property, provided (in the United States) the purpose of the pn>- 
 posed taking is a public use. That being so it is clearly within the 
 power of the high contracting parties to authorise, by trraty, the 
 making of a special administrative agreement between them for the 
 complete accomplishment of the purposes of that treaty or of may 
 part thereof. This 1 iv.spectfiilly submit is e,xactly what Great 
 Britain and tiie United States have done in their so-called water- 
 ways treaty of January 11, 190U. 
 
 (.'ounsel for some of the power inteiv>«ts, however, argue tliat to 
 carry out the recouuuendations of this conunission and secure the 
 right to do that which is necessary for that purpose, t new trealj, 
 or recipHMul legislation l)etw(>en the United States and Canada, is 
 necessary. 
 
 In that cttse all the advantages and UMiefits to he derix'ed from a 
 promi)t and final settlemeut of the questions and matters of difTen^m^ 
 set forth in the ivfeience would iuMess»u-ily U» postponed for nn in- 
 definite i)eriod, (tending the making and ratification of a new treaty. 
 
94 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 In my judgment this is unnecessary. The questions here involved are 
 expressly covered by the above treaty, and their settlement by special 
 agreement between the high contracting parties is authorized and 
 may be accomplished upon such terms and conditions as they may 
 agree, without further treaty stipulations. 
 
 One of the main purposes of this treaty was to settle and also 
 PufotM or exirt- prevent disputes between the United States and 
 iM tTMtj. ii^Q Dominion of Canada, by providing, among 
 
 ether things, for the satisfactory use of these boundary waters. 
 Accordingly they created this commission, clothing it with final 
 jurisdiction in the matter of approving all subsequently authorized 
 u.ses, obstructions or diversions on either side of the boundary that 
 affect the level of boundary waters, except uses, obstructions, or 
 diversions heretofore permitted, " or hereafter provided for hy special 
 agreement between the high contracting parties." ^ 
 Article IV of the treaty provides : 
 
 The High Contracting Parties agree that, except In cases provided for by 
 Bpecial agreement between them, they will not permit the construction or 
 maintenance on their respective sides of the boundary of any remedial or pnj- 
 tectlve works or any dams or other obstructions In waters flowing from bound- 
 ary waters, etc. 
 
 By the terms of the foregoing articles, the high contracting parties 
 have expressly provided for the exercise of their undoubted right 
 to thereafter, not by treaty, but by special agreements between them, 
 provide for certain specific things in respect to the use, etc., of 
 these boundary waters. Such agreements are merely administra- 
 tive and are intended only to aid in the full accomplishment of the 
 purposes for which the treaty was concluded. 
 
 Who on behalf of the United States is authorized to make such an 
 agreement, and would the advice and consent of 
 retpwUM^asTMrnenu the Senate be required to give it validity? 
 with foreiKB ■ation. ifc may be imnecessary for the information of 
 the parties to the reference to answer these questions, but so much 
 doubt, concerning them, has been expressed by eminent counsel, 
 representing other interests involved, and by others, that their 
 consideration in this connection becomes important. 
 
 To the President is intrusted the exclusive power of communica- 
 tion with foreign States. "The President is the sole organ of the 
 Nation in its external relations and its sole representative with for- 
 eign nations." ^ 
 
 Accordingly, with him resides the right of determining finaUy by 
 whom negotiations are to be conducted with foreign powers. 
 Although such negotiations are regularly conducted through the 
 
 1 Article III of the treaty of Jan. 11, 1909. 
 
 • John Marshall in the Hoase of BepresentatiTes, Mar. 7, 1800, Annals Sixth Congress, 
 fU. 
 
PINAL EEPORT OF THE INTEENATIONAL JOINT COMMISSION. 95 
 
 Secretary of State, they originate in legal contemplation with the 
 President.^ 
 
 Without treaty or legislative authority, an agreement terminable 
 on six months' notice was reached with Great Britain April 28-29, 
 1817, between Mr. Bagot, British minister, and Mr. Rush, Acting 
 Secretary of State, for the limitation of naval forces to be main- 
 tained between the two Governments on the Great Lakes. Nearly 
 one year later, April 6, 1818, President Monroe submitted the corre- 
 spondence to the Senate for its consideration, whether it was such 
 an agreement as the Executive was competent to enter into under 
 the power vested in him by the Constitution, or such as required the 
 advice and consent of the Senate. By resolution, April 6 (two-thirds 
 of the Senators present concurring), the Senate approved and con- 
 sented to the agreement and recommended that it be carried into 
 effect by the President. There was no formal exchange of ratifica- 
 tions but the agreement was proclaimed by the President April 28, 
 
 1818.* 
 
 An act of Congress approved February 27, 1815, had authorized 
 the President to cause all armed vessels on the lake, except such as in 
 his opinion were necessary for the execution of the revenue laws, to 
 be dismantled, sold, or laid up. Immediately upon the exchange of 
 notes and prior to any action thereon by the Senate, the President 
 had proceeded to give effect to the arrangement, and in his annual 
 message to the Senate December 7, 1817, he referred to the arrange* 
 ment as having been concluded. Its submission to the Senate appears 
 to have l)een an afterthought and as an act of prudence. This wise 
 and beneficial arrangement has in its general principle now iHintiuued 
 in force for a century.* 
 
 Another important agreement of this character entered into by 
 the President without the advice and consent of the Senate was the 
 protocol of August 12, 1898, which constituted a preliminary aiiida 
 of peace witii Spain. By its terms Spain, as the basis for the eetab- 
 lishment of peace, agreed to relin({uish nil claim of sovereignty over 
 and title to Cuba and cede to the United States Porto Rico and 
 other islands of Spanish sovereignty, and also an island in the 
 Ijadrones to be selected by the United States. The disposition of 
 the Philippines was to be determined by the treaty of peace. It 
 further provided for the suspension of hostilities and for the evacua- 
 tion by Spain of Cuba iiiul Porto Rico. Such evacuation of Porto 
 Rico was conipltt.'.! hv October 18, 1898, and of Cuba January 1, 
 1899, under t! ued by the Prsiident The treaty of 
 
 > JoBM «. Unltrd HtatM (181 U. tt., MS. tl7) ; WoolMty •. Chaptola (101 D. M^lt. ftH). 
 *Bs. JoaroAl III. IHU, 184. 
 
 •TtmUw. Their Maklac ud BafMcwMat. 101, lOS. 
 108086-17 ^7 
 
96 FINAL BEPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 peace did not become effective until the exchange of ratifications 
 April 11, 1899, almost a year thereafter. 
 
 The final protocol signed at Pekin September, 1901, by the foreign 
 powers on the one hand and by China on the other, at the conclusion 
 of the Boxer uprising, likewise was not submitted to the Senate. By 
 this protocol the powers, on their part, agreed to evacuate, w'ith cer- 
 tain exceptions, and within a certain period, the city of Pekin and 
 the Province of Chihli, etc.* 
 
 Numerous agreements of this character might be cited in sup- 
 port 'of the proposition that any special agreement entered into by 
 the high contracting parties, under the treaty of January 11, 1909, 
 for the purposes therein authorized could be lawfully negotiated and 
 executed by the President and would be valid agreements without 
 the advice and consent of the Senate. 
 
 The question of the power of the President and Senate to conchide 
 
 Asreemeuti .uthor- * treaty for the settlement of future differences be- 
 ized by treaty sMd tweeu the high Contracting parties of a defined 
 Hot be ritwed. character, by the terms of which the Senate would 
 
 have no voice in the particular case thereafter arising, was carefully 
 considered and very ably discussed in the Senate during the consid- 
 eration of the proposed arbitration conventions negotiated in 1904—5 
 by Mr. Hay and in 1911 by Mr. Knox.' 
 
 In discussing these reports Crandall on Treaties, Their Making 
 and Enforcement, page 120, says: 
 
 That the Senate can not delegate to another body a power conferred on It 
 by the Constitution is cleiir. It seems equally clear that, If the United States, 
 by a treaty entereil into through the constitutional treaty-making organs — the 
 President and the Senate — agrees to submit to arbitration, In a prescrlbe<l man- 
 ner, an exactly and definitely descrlbecl class of cases, or all cases or contro- 
 versies, which may arise In the future between this Nation and other nations, 
 and which can not be settle*] by negotiation, the mere submission of an indi- 
 vidual case so arising is not an exercise of the treaty-making power. The con- 
 sent of the Nation to the submission has already been given and the faith 
 of the Nation pledgeil. It Is Immaterial whether the instrument by which the 
 particular case is to be submitted, defining the issue and the terms of submis- 
 sion for the guidance of the arbitrators, is termed an agreement, a protocol, or 
 a declaration. It is essentially an administrative act in the execution of an 
 existing International treaty and a municipal law, provided the terms of the 
 treaty are such as to leave no discretion in the matter and are not open to 
 construction. The President, In whom is exclusively vested the power to con- 
 duct negotiations with foreign powers, alone can determine the fact that the 
 controversy can not be settled by negotiation. But it is the undoubted right of 
 the Senate as a coordinate branch of the treaty-making power to refuse to 
 give its consent to the conclusions of a treaty by which the faith of the Nation 
 is thus pledged. 
 
 1 Treaties, Their Making and Enforcement, 104. 
 
 • See reports Senate Committee on Foreign Relations, presented by Mr. Morgan (S. Doc. 
 No. 155, 58th Cong., 3d sess.) and Mr. Lodge, Mr. Root, Mr. CuHom, Mr. Burton, Mr. 
 Rayner (S. Doc. No. 89, 62d Cong.). 
 
PINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 97 
 
 In this case the Senate did not refuse, but assented to the authority 
 under the treaty of January 11, 1909, for the making of certain 
 special agreements between the high contracting parties for certain 
 specified purposes. Therefore, the consent of the United States to the 
 making of such agreements has already been given and the faith of 
 the Nation pledged thereto. Again, the special agreements thus 
 authorized are essentially administrative and necessary for the ac- 
 complishment of the purposes for which the treaty was concluded. 
 The Senate having given its consent to the making of these special 
 agreements for the purposes set forth in the treaty, its advice and 
 consent as to the details of such affreement, when made, is therefore 
 not essential to its validity. 
 
 The subject matter of any special agreement for the pui-pose of 
 making the recommendations of the commission 
 
 Subject matter o',_. iiii 
 
 afreements aider effective would be the use of these boundary waters, 
 
 treaty of jannmrr 11, obstructions therein, and the construction or partial 
 1909. , 1 • ... ... 
 
 control and maintenance of existing controlling 
 
 works or dams in waters flowing therefrom. The authority to 
 
 thus provide for such use, etc., whether it involves a claim of 
 
 right or goes beyond, involving international policy respecting 
 
 such use, or is for the settlement or prevention of international 
 
 disputes growing out of .such use, either past or pros|>ective, all are 
 
 included. There are no e.xceptions. The treaty thus authorizing » 
 
 special agreement for these purposes having been ratified by the 
 
 Senate of the United States and enacted into law by the Parliuroent 
 
 of the Dominion of Canada, tlie will of both countries has been 
 
 expressed thereon, and all autliority thereunder for the utxHimplisli- 
 
 ment of these purposes by special agreement is complete. 
 
 If it is said that in the United States the exercise of tlie power of 
 
 . ,^ _., . eminent domain requires eitlier legislative or treaty 
 
 Aitiorltjr to es«r- , ' . , . . • . * 
 
 ri.e tke power of e«i. authonty, my answer is that this is true, but that 
 mat domain author- j,, (ijjy ^^yy jj^y exerciso of tho ooweT of eiuiuent 
 
 ised by tke treaty. *^ 
 
 domain ns au incident to the enforcement of » duly 
 nuthori/ud special agreement is now authorized in butli countries; in 
 tho United States by treaty and in Canada by tlie enactment of the 
 treaty into law. 
 
 That this is so, is manifest from the fact that without either 
 express or impliinl authority under the treaty to exercise the power 
 of ciiim nt •! iiiiin no special agreemeot requiring the exerciae of 
 Uiut puwi 1 to iiKike it effective could be enforced, and to that extent 
 the treaty would fail. ^Treaties are to be interpreted in a favor- 
 iiM. I nth. I ti, in :in odious tense.'* (Wheaton, IntamatioAal Law, p. 
 •'•'*' j I •> l>*'>*i otherwise would also be contrary to tbe feneral rula 
 of constnictiou applicable to all contracts, including treatiee« Uiat 
 in the absence of express authority anything necessary t« naka affso- 
 
98 FINAL EEPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 tive that which is expressly authorized is held to be necessarily 
 incident to the authority expressly granted. 
 
 If therefore the use for which the power of eminent domain is to 
 be exercised in this case is a legally authorized public use the exercise 
 of the power would be limited only by the principles of due process 
 of law and just compensation. It may be noted also that the exer- 
 cise of this power must be by and in the name of the parties to the 
 agreement and only for the purpose therein set forth. 
 
 If, then, the high contracting parties by treaty have expressly 
 authorized a subsequent agreement for a clearly defined purpose 
 requiring the exercise of the power of eminent domain to make it 
 effective, the authority for its exercise is of equal force and effect with 
 that of the agreement itself. Any agreed plan of procedure there- 
 fore by which the Governments may jointly or severally acquire the 
 right in both countries, subject to the laws of each to take and there- 
 after hold, either jointly or severally, such necessary rights or other 
 property as may be required for the purpose of settling the questions 
 of difference between them and of making the recommendations in 
 this case effective is clearly authorized. 
 
 Article XIII defines what the special agreements referred to in 
 Articles III and IV are understood and intended to include. 
 
 In all cases where special agreements between the High Contracting Parties 
 hereto are referre<l to in the foregoing Articles, such agrtn^nients are understttod 
 and intended to include, not only direct agreements between the High Con- 
 tracting Parties, but also any inutuiil arrang{nneii.t between the United States 
 and the Dominion of Canada expressed by concurrent or reciprocal legislation 
 on the part of Congress and the Parliament of the Dominion. 
 
 The question of whether or not there should be a special agreement 
 or a mutual agreement under Article XIII for the purpose, does 
 not, in my judgment, require consideration. 
 
 Any mutjial arrangement between the United States and the Do- 
 minion of Canada would have to be expressed in concurrent or re- 
 ciprocal legislation. This would not only be difficult to obtain, but 
 would necessarily postpone indefinitely carrying out the recom- 
 mendations herein, because the minds of the legislative bodies of both 
 countries would have to agree before the necessary reciprocal legisla- 
 tion could be secured. 
 
 It has been pointed out, however, that a duly authorized special 
 agreement would not be subject to these objections, because the 
 authority for it has been ratified in both countries, and such ratifica- 
 tion necessarily includes all implied as well as express authority. In 
 order, therefore, to facilitate the final settlement of the questions and 
 matters of difference set forth in the reference, I would respectfully 
 suggest the adoption of the foregoing recommendation for a special 
 agreement for that purpose rather than a mutual arrangement under 
 Article XIII or a new treaty. 
 
Plate 19. 
 
 UIOH WATER ON RAT ROOT RIVER. 
 
PLAN OF PROCEDUBE. 
 
 The lawful exercise of the power of eminent domain and expropria- 
 
 pun of procednre tion. Under Anglo-Saxon rule, involves tHtee fun- 
 ,«7S"u'°' "***" damental principles: 
 
 First. The purpose of its exercise (at least In the Unlte<l States) most clearly 
 appear and be a legally reoofjnlzed public purpose. 
 
 Second. In both countries the procedure under which this power is exercised 
 unist conform in every particular to the requirements of «lue process of law. and 
 
 Third. The owners of the property taken, destroye<l, or Injuriously affected 
 must be compensate<l therefor. 
 
 With respect to the public use for which the pro|>erty in this case 
 would be taken, it is recommended that it be declared to be, primarily, 
 the settlement of the questions or matters of difference between the 
 parties, as set forth in the reference, and to prevent similar questions 
 from thereafter arising out of pai't or future use of tliese boundary 
 waters along this part of their common frontier. 
 
 The purpose of this suggestion is manifest. Coiulenination pro- 
 ceedings, in the United States at least, arc instituto<I by petition set- 
 ting forth, among other things, the purpose for which the property 
 therein described is to be taken. Whether or not the procedure rec- 
 ommended in tliis case would conform to that required in Canada, I 
 am not prepared to say; if agreed to, however, by the high contract- 
 ing parties, it wouhl be legal in both countries. In the United States, 
 at h'ast, it wouM have the advantage of judicial interpretation. It 
 could bo iiistitiilcd by tiling with the appropriate courts the subflkaiice 
 of the special agreement, with the (h'claration as to the purpone for 
 which the taking of property was ntuvssary. This could bo made to 
 constitute tlie petition. 
 
 From till* petition thus filed it would tiien api>ear that the pr«>|)eny 
 was to be taken, priuuirily, for the purpose of settling and hereafter 
 previMitiiig international disputes, involving the righttt, obUgationa 
 and interests of both nations in their relation to each other und in 
 their relation to their res|K>etive inhabitants. AH otlter and aubee- 
 quent uses would be collateral and incidentally iiichidtHi iti thia d«> 
 clared public use. 
 
 In the M>ttlement and prevention of international dilTerences be> 
 tween two nations, the |H>ople of l)oth are inlereated and lieueftled. 
 It not oidy contemplatea the aett lenient of existing questions of dif* 
 fereni^ between them, but it removes certain causes for diss yr s s 
 meut growing out of conllict of interest— conflict of inter«t tnvolv- 
 
 •9 
 
100 FINAL BEPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 ing the rights and obligations of each, which otherwise might lead 
 to serious consequences and possibly to war. The settlement and 
 prevention of international disputes by the taking of private prop- 
 erty for that purpose would therefore be for the general good. Then, 
 too, by thus providing for the use of these boundary waters and 
 securing for the people of both countries their equal right to such 
 use, the public interest in both countries would not only be directly 
 benefited, but a spirit of international comity and good will would 
 be created and thereafter maintained as the result of such taking. 
 If this would not constitute a public use it would be hard to define 
 what would. 
 
 While it is true that Governments are not migratory, or as Chief 
 Justice Marshall, in Rose v. Himely (4 Cranch, 241, 279, 2 L. Ed. 
 608, 620), says: 
 
 It Is conceded that the legislation of every country Is territorial, that beyond 
 Its own property it can only affect its own subjects or citizens. 
 
 Yet this does not prove that two Governments, by treaty, can not 
 
 „ ._. K. grant to each other the right to invoke the laws of 
 
 treaty may grant to their respective jurisdictions for a purpose mn- 
 rijh" t'Tn"oke"' uT. tually advantageous to both, or that either jointly 
 within national juria- or severally thcv may become suitors in the courts 
 '"'""°' of the other. This right now exists and may under 
 
 certain circumstances be exercised by the people of the United States 
 and Canada under Article II of this treaty. Hence, the declared pur- 
 pose for the taking of property in this case, being for a public use, 
 each Government would acquire, and thereafter hold, either in com- 
 mon or in severalty, as they may agree, the property thus taken for 
 the purpose declared in their petition and as approved by the final 
 judgment of the court in which the property is situated. 
 
 In so far as the taking of property for power development is con- 
 cerned, when such development or the power to be created thereby 
 is used for the generation of electrical energy for public purposes, 
 such as lighting, heating, etc., or the taking of property for the devel- 
 opment of wat-er power as such for manufacturing purposes, that 
 may or may not be such a public use as would justify the exercise 
 of the power of eminent domain in the United States. If, however, 
 the taking of property in this case, for the purpose of settling an 
 international dispute as declared in said special agreement, consti- 
 tutes such a public use as would justify the exercise of this power 
 for that purpose, then it is unnecessary to consider or discuss the 
 question of whether or not such taking for the development of water 
 power, as such, is authorized by the laws of either country; for such 
 use would onh' be incidental to the primary use for which the prop- 
 erty is taken. The right to such incidental use and the terms and 
 conditions upon which that right should be granted would be a 
 
PJNAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 101 
 
 national, not an international matter^ and could be granted or denied 
 by each, 'independent of the other. Having taken the property law- 
 fully, the Governments could then authorize such use thereof as 
 would be lawful within their respective jurisdictions. 
 
 In the plan of procedure, hereinbefore recommended, I have sug- 
 Pnbiie ind prirato g^.stcd either the appointment of a new commissi(in 
 iBtere«tii nouKcut In- or authorizing the International Joint Conmiission 
 «S:"Tel:rhor'rj *<> carry out that plan. This alternative reoom- 
 to emrry oat rceom- meudation is made because, as a member, I do not 
 mendauon. wish to place the International Joint Commission 
 
 in the attitude of suggesting the exercise of functions or the perform- 
 ance of duties not now prescribed by the treaty. But at the final 
 arguments at Washington, April, 1916, the opinion, as expressed by 
 the legal representatives of riparian ownere and all other private and 
 corporate interests involved, was to the effect that the most satisfac- 
 tory plan, so far as the interests they represented were concerned, 
 would be for the parties to authorize the International Joint Com- 
 mission to act in the premises.* It is because of this that I have sug- 
 gested the alternative of said commish^ion being made the instrumen- 
 tality for carrying out any agreement the high contracting parties 
 may enter into for making «the recommendations, as approved and 
 adopted, effective. 
 The plan suggested for the apportionment of the cost of securing 
 ApportioiMeat •t all necBssary rights, etc., to make the adopted reo* 
 '"•*• ommendation effective, and at tlie j^ame time pro- 
 
 vide "for the adecjuatc protection and development of all intereaU 
 involved on both si(h« of the boundary," deals only with the api)or- 
 tionment of such cost between the two Governments, leaving to them, 
 within their respective juris<lictions, the nuitter of providing for their 
 reimburscu)ent, in whole or in part, whether by assessment of benefits 
 against the property benefite<K or otherwise. .Vny reconnnondati<m 
 ap to how the parties may be reimburs<»d by thone directly or indi- 
 rectly benefited is a national, not an internntional. matter. 
 
 As to the mode of procedure to ascertain the contiM^nsiiiion to be 
 awarded and paid on account of the property taken, destroyed, or 
 damaged, iind the securing the legal title thereto, I reqMCifuIlj sub- 
 mit that the prwedure outlino<l in the rt*coinnien<latioii hereinbefore 
 made would fully meet all the riM|uirenients of tlie laws of the United 
 States, and, in my judgment, could easily be made to conform to tlio 
 laws of the Dominion of Canada under any agreement for carrying 
 into effect the rt^commendHtions as approvc<l and adopted : whether 
 it did or not, if agreed to, and the agreement is authorix4>d, U»e pro- 
 cedure Wdtdd l)e law fid, provided it wa« not in conflict with the prin- 
 ciples of due proct^sH of law and compensation as interpreted by the 
 courts of that country. 
 
 * rtaal ArtoaMta. Waaklatton. April. Itia pp. tM. tti. 
 
102 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 IS SCOPE OF BEFEBENCE LIMITED BY IMPLICATION P 
 
 The only other matter of difference concerning the final report is 
 whether or not the ground upon which the commission decided 
 against the contentions of counsel for both Governments and other 
 interests in respect to the scope of the reference and the duty of the 
 commission thereunder being restricted by implication should be 
 discussed. It may be true that this difference between us involves 
 only a question of propriety and not of principle. In some cases, 
 however, questions of propriety equal in importance questions involv- 
 ing principles. 
 
 Examination and consideration of the questions of the reference 
 necessitated, first, the determination of their scope. This involved 
 a construction of the reference. Since this construction was contrary 
 to the contentions of counsel, I maintain the parties to the reference, 
 as well as counsel, are entitled to know the ground upon which the 
 adverse decision of the commission upon the questions presented by 
 counsel is based. Then, too, the provisions of the treaty and the duty 
 of the commission thereunder are not generally known in either 
 country and are not clearly understood even by some who appear 
 before the commission. A discussion, therefore, when necessary, of 
 the provisions of any reference or the treaty provisions involved, 
 in support of decisions upon questions of this character, would in 
 time result in a code of interpretation useful to the public and to the 
 Governments. In my judgment, therefore, it is the duty of the com- 
 mission to discuss questions of this character, and especially those 
 involving its jurisdiction and duty under the treaty or under a 
 reference. The arguments presented by counsel in this case were 
 presented in good faith and in behalf of two great (iovernments. In 
 the interest, therefore, of orderly procedure in all matters considered 
 by this commission, I maintain that the commission is not justified in 
 ignoring the contentions of counsel involving questions of impor- 
 tance or questions involving the jurisdiction and duty of the commis- 
 sion either under a reference or under the treaty. 
 
 For these reasons, I respectfully submit and assume entire respon- 
 sibility for the following discussion in support of the decision of the 
 commission against the position of counsel to the effect that the duty 
 of the commission under the reference is restricted by implication. 
 
 In its study of the reference the commission sought, in the light 
 of all the facts and circumstances as found from the evidence and 
 from the report of its consulting engineers, to determine its scope, 
 intent, and purpose. This seemed necessary because, under Article 
 IX, the conclusions and recommendations of the commission must be 
 subject " to any restrictions or exceptions which may be imposed by 
 the terms of reference." whether express or implied. 
 
PINAL BEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 103 
 
 As the result of this study, the commission found it impossible to 
 sustain the objection of counsel for the United 
 w«Sr rowfn*«einded States, Mr. Wyvell, and counsel for riparian own- 
 from eouideratioa bj gj-g^ ^j. Steenerson, to the consideration of evidence 
 ""* ** °" relating to the use of the waters flowing from the 
 
 Lake of the Woods for power development in the Winnipeg River, 
 because such waters are not within the scope of the treaty or the 
 reference. 
 
 Mr. Steenerson argued that the authority of the commission was 
 limited to questions relating to boundary waters, and then stated : * 
 
 This Is not a difference with reference to the u.se of waters outside of the 
 boundary waters ; it is a difference with reference to the use of boundary 
 waters. 
 
 Considering the term "boundary waters," in so far as it refers 
 to the water itself, it is apparent from the final report that the most 
 important use of these boundary waters is for the purpose of pro- 
 ducing power as they flow from the level of the boundary in the Lake 
 of the Woods to the level of Lake Winnipeg in Canada. 
 
 Considering the term "boundary waters," in so far as it refers 
 to a hodi/ of icate?' confined within shores and varying in elevation 
 above its bed, it is also apparent that the most advantageous use can 
 be made of this boimdary water l)y controlling its discharge over the 
 rim of rock constituting its outlet, in order to equalize the outflow and 
 thus to permit a very much greater portion of the irafrr itsdf to be 
 utilized in power development. 
 
 Moreover, under Ai-ticle IX, the high contracting parties have 
 agreed that any other question* or nuittoi*s of difference arising be- 
 tween them involving the rights, obligations, or interests of either in 
 relation to the other, or to the inhabitants of the other along their 
 common frontier^ shall be referred froni time to time to this com- 
 mission for exatniiuition and report. Therefore, the declaration of 
 the parties to the reference, that q»ie.stions have arisen out of the 
 use of these waters, makes it imperative, in my judgment, for the 
 conuuission to examine and report upon and give conaderation to 
 all facts and circum.vlanc'es pertaining to the matters referred with i 
 view to aiding the two governments in nuiching a satisfactory sK- 
 tlement of these questions, and that, t<M), without reference to the 
 provisions of the treaty. A report upon the questions of the official 
 refertMice which disregarded the advantageoua me of the outflow 
 frTMu the I^ake «)f the WimmIs in power development on the Wiimi- 
 peg Hiver would aggravate, rather than settle, existing difffirmeet 
 re.'qiecting the use of thest» waters, t^^nless these questions can b« 
 settled as the result of this examination the pur|>ofie of the two Qor* 
 
 > Public UMUlacm KMMra, SvplwalMr. ISIS, pp. WS-SSa. 
 
104 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 ernments in submitting the reference will have been defeated. In 
 view of these considerations the commission was unable to sustain 
 the objection of counsel. 
 Counsel for the Dominion Government, Mr. Anderson; for the 
 Shall effeet ef ex- Ontario Government, Mr. Keefer; for the City 
 isting gtrnetnreg be of Winnipeg, Mr. Campbell ; and for the Winnipeg 
 comiideredi Electric Railway Co., Mr. Laird, all contend in 
 
 favor of a more limited scope of the reference than the commission 
 found to be justified thereunder. They argue in effect that the 
 commission is precluded from considering the effect of the Nor- 
 man Dam upon the levels of the Lake of the Woods and the extent 
 and value of the lands hereafter submerged in consequence of any 
 recommended level, because this dam and the use of the waters 
 thereby secured existed before the date of the treaty. 
 In support of this Mr. Campbell argued that Article IV : 
 
 Says that they " will not " — i. e., after the date of the treaty — " permit the 
 construction or maintenance" of iiny works that shall effect the heights of 
 boundary water. 
 
 Counsel for the Dominion Government, Mr. Anderson, arguing 
 along the same line, said: 
 
 The high contracting parties had no intention of submitting past differences 
 with reference to these waters to the commission ; that what had been done, 
 the uses that had been made of the boundary waters, and the waters flowing into 
 and out of them, were to be considered as properly done, or, at any rate, not 
 subject to future consideration. 
 
 Counsel for the Electric Railway Co., Mr. Laird, in discussing this 
 question, said : 
 
 But I take it that this commission is prohibited from Interfering with exist- 
 ing conditions. They are only to deal with future conditions and the future 
 uses of these waters. 
 
 For the purpose of this report the questions thus raised are ma- 
 terial only in so far as they may or may not limit the scope of the 
 reference and the duty of this commission thereunder, and it is only 
 in that connection I shall consider them. 
 
 If the conclusions of counsel are right, then the duty of this 
 commission in the premises is limited to the consideration of the 
 effect of any changes in existing conditions resulting from the main- 
 tenance of the recommended level. 
 
 The three main purposes for which the treaty of January 11, 1909, 
 was concluded, are: "To prevent disputes regarding the use of 
 boundary waters;" "To settle all questions which are now pending 
 between the United States and the Dominion of Canada, involving 
 the rights, obligations, or interests of either in relation to the other 
 or to the inhabitants of the other along their common frontier;" 
 and "To make provision for the adjustment and settlement of all 
 such questions as may hereafter arise." 
 
Plate 20. 
 
 H. B. C. POST AT FOKT FRANCES. 
 
FINAL BEPOET OF THE INTEBNATIONAL JOINT COMMISSION. 105 
 
 By the reference, the parties thereto have expressly stated that the 
 questions or matters of difference referred are questions " which 
 have arisen between them." P>om our examination and from the 
 evidence it appears that some of the questions referred are ques- 
 tions that existed long prior to the treaty. 
 
 If the reasoning of counsel is correct, then none of these questions 
 could be referred to, or dealt with, by the commission. It is evident, 
 however, from the language of the reference, that this is not the 
 interpretation which the parties themselves have given the treaty. 
 They knew that the duty which they imposed upon the commission 
 involved consideration of existing structures in these boundary 
 waters and in the waters flowing therefrom, as well as the possible 
 construction and operation of controlling works or dams, in orde- 
 to secure that which they desired. In fact, they have said as much 
 in question three, where they ask: 
 
 In what way or manner, including the construction and operation of dams or 
 other worlts at the outlets and inlets of the lake or in (he waters which are 
 directly or indirectly tril)utary thereto, or otherwise. Is it possible and advis- 
 able to regulate the volume, use. and outflow of the waters of the lake so as 
 to maintain the level recommended, etc. 
 
 There is no limitation here, either express or implied, in respect 
 to the consideration of existing ohstructions. The outflow from the 
 lake could not be regulated except throu<jh a chtrnge in the use of 
 existing structures. To argue, thereft>re, as counsel for the Domin- 
 ion Government does, that " the high contracting parties had no in- 
 tention of submitting pa.st (liireren(*0K with reference to these 
 waters," or that 'Hhe uses that had Lieen made of tiie boundary 
 waters and the waters (lowing into and out of them »' • • • ware 
 not to be " subject to future ronsiderati<m," would, in effect, be a 
 repudiation of some of the |)rimary purpose's of the treaty, and 
 would also be in direct conllict with tiio pnicticnl interpreiatiou 
 thereof which the parties to the reference have theinaelves ^^tta it. 
 
 It is therefore impussible to hold that our duty under the refer- 
 ence is restricted to the examination and consideration only of con- 
 ditions that may hereafter exist in conse<iuence of the level recom- 
 mended and omit entirely any consideratitm of tlie Norman Dam, its 
 eirect n|i)in the nornnd level of tlu' lake under natural i*t)nilitionm or 
 the use of this dam hereafter in regulating tJio outflow from the 
 Lake of the Wooils. 
 
 It wa.s also argued by counsel for the City of Winnipeg tliat: 
 
 A fair Interpretation nf tiM* tn««ity nHitmUiMw the oxluMng eaw o( tlie 
 wHtem of the I«iik« of the W(i«n1i< at tlio outlets, as iMitCeni stood whin tke 
 irtMity was made iu the lM«Klnntiu; of llMn). It rtx<ognli«s aloo ilmm osw ttMkr 
 Article VIII. It r»-. the uwh " liei-«iofure |wruUtttil" under Artlde 
 
 III, and. I clnlm. ulv' vrllcle IV. 
 
106 FINAL BEPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 The attention of counsel being drawn to the fact that this refer- 
 ence was submitted under Article IX, involving only an exami- 
 nation of the questions submitted and a report thereon, counsel 
 proceeded : 
 
 Article IX Is a request for iDformation ; practically that is all. The coiu- 
 inisHion Is requested to investigate, rei)ort, and recouiinend ; but I talie it 
 that the treaty is to be rend together, and that it was never contemplated 
 that, under Article IX, something would be done, based upon recommenda- 
 tions, which ignore<l the other clauses of the treaty. 
 
 Then, too, it was argued by Mr. Anderson, of counsel for the 
 Dominion Government: 
 
 It may be that the commission will consider thut, as a matter of propriety 
 and as a matter of information to their respective Governments, they should 
 make some report upon the natural condition of the lake levels. I submit 
 that they should not. 
 
 Continuing, he says: 
 
 My reason for saying that is this: In Article III of the treaty, the open- 
 ing words of the paragraph that I have already read, are " it is agreed that, in 
 addition to tiie uses, obstructions, and diversions heretofore permitted or here- 
 after provided for by special agreement between the parties hereto," etc. 
 So far as the Canadian Government Is concernetl, they were more than per- 
 mitted. They were active participants In the construction of It. 
 
 If in this case the commission was required to render a final 
 decision under the treaty, counsel would be correct in saying: "The 
 treaty must be read together," or that its different provisions, in 
 so far as they are interdependent, must be construed together. But 
 we are not rendering a final decision. We are required only to 
 examine and report the facts and circumstances, together with ap- 
 propriate conclusions and recommendations. The scope of our in- 
 quiry for this purpose is not to be found in the treaty but in the 
 reference. 
 
 Under Article IX the parties may refer, for examination and 
 report, any question involving the rights, obligations, or interests 
 of either in relation to the other, or to the inhabitants of the other 
 along their common frontier. If such reference calls for conclu- 
 sions and recommendations, which can not be made effective under 
 the treaty, that is not a matter for the commission to consider. 
 We have but one duty; that is, to examine and report as requested 
 by the parties. 
 
 In all matters referred under Article IX the commission acts as 
 an advisory court and not, as under Articles III and IV, a court 
 of last resort. The high contracting parties have expressly pro- 
 vided in this article that "such reports of the commission shall 
 not be regarded as decisions of the questions or matters so sub- 
 mitted either upon the facts or the law and shall in no way have 
 the character of an arbitral award." 
 
FIKAL BEPOfiT OP THE INTERNATIONAL JOINT COMMISSION. 107 
 
 If the questions referred call for conclusions and recommenda- 
 tions that contemplate the doing of something that could not be done 
 without, as counsel say, ignoring certain provisions of the treaty or 
 that would be in conflict therewith, the commission would not, for 
 that reason, be justified in declining to answer the questions. The 
 treaty, being a contract between the two Governments, may, by a 
 new treaty, be modified, or certain provisions thereof may be de- 
 clared to stand in abeyance in so far as they affect the subject matter 
 of the reference. Therefore, the limitations of the treaty do not 
 restrict the duty of the commission in its examination and report 
 upon any questions referred. The reference alone governs as to this. 
 
 But assuming that the recommendations, to be effective, must be 
 within the provisions of the treaty, the particular provisions on 
 which counsel rely to prove that the Norman Dam and its effect 
 upon the level of the Lake of the Woods can not be the subject of 
 consideration and recommendation are Articles III, IV, and VIII. 
 
 The existence or the effect of the existence and maintenance of the 
 Norman Dam, or its continued existence and future control for the 
 purpose of maintaining the recommended level and the regulation 
 of the outflow from the Lake of the Woods, is not, under any circum- 
 stances, a matter for ctmsideration either under Articles III or VIII. 
 By the express terms of Article III it applies only to uses, obstruc- 
 tions, and diversions of haundary waters and not to waters flowing 
 therefrom. 
 
 That part of Article VIII which is relied on by counsel does not 
 relate to obstructions in boundary waters at all, but wholly to the 
 use of boundary waters. It is as follows: 
 
 The fuUuwliiK onlvr uf prvceduuce sliull be obM?rv<Hl umuiig the varkMia oaw, 
 enumerated hereiiiHfter, fi>r these waters, and nu uae Hhnll be iwrinltted whkh 
 tends innlcTlnlly to confllrt with or re«traln nny «>th«n uw whirh l»i g1r«>n prrf- 
 erenco ovor It In IIiIh order of prtHvdence. 
 
 Then follows the enumeration of the uses in the order of their 
 precedence. This article then provides as follows: 
 
 The foregoUiK provlHUmH Hiinll not apply to or disturb soy existing turn of 
 boundury waters on oltlier side of ttie iMundary. 
 
 1'hat i.s, the order of precedence of existing uses shall not be dia- 
 turbcd. 
 
 It will be observeil that under the provisions of boUi of then arti- 
 cles the waters, the obstructions of which has been ** heretofore per- 
 mitted " or heriMifter authorized, must be boundary watera; thai it, 
 waters through which the boundary line between the two couatrMa 
 paates. 
 
 The Norman Dam ia heated in the Winnipeg Ri\-er more Uian a 
 mile below the weitem outlet of the Lake of the Woods. It ia thara- 
 
108 FINAL KEPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 fore an obstruction in waters flowing from boundary waters, and 
 can be considered only, if at all, under Article IV, which is as follows : 
 
 The high contracting parties agree that, except in cases provided for by 
 Rpecial agreement l)etween them, they will not permit the construction or main- 
 tenance, on their respective sides of the boundary, of any remedial or protective 
 Horks or any dams or other obstructions in waters flowing from boundary wa- 
 ters or In waters at a lower level tlian the boundary In rivers flowing across 
 the boundary, the eflfect of which Is to raise the nntural level of waters on the 
 other side of the boundary, unless the construction or maintenance thereof is 
 approved by the aforeaaid International Joint Commission. 
 
 This article, therefore, does not apply to uses or diversions either 
 of boundary waters or waters flowing therefrom. It makes no refer- 
 ence to existing dams or obstructions "heretofore permitted." It 
 does, however, expressly prohibit the construction or maintenance 
 of obstructions in waters flowing from boundary waters on either 
 side of the boundary, the effect of which is to raise the natural level 
 of waters on the other side except when authorized by special agree- 
 ment between the high contracting parties or " unless the construction 
 or maintenance thereof is approved hy " this commission. 
 
 If Article III of the trea,ty were to govern the commission in its 
 consideration of the future regulation of the levels of the Lake of 
 the Woods and the use of its waters, and if, as argued by counsel 
 for the Dominion Government, " the uses that had been made of the 
 boundary waters and the waters flowing into and out of them " were 
 not to be " subject to future consideration," the commission would be* 
 precluded from considering " such further use " of the waters of the 
 Lake of the Woods, as is requested by the Winnipeg River water- 
 power interests, in order that the outflow might be equalized far 
 beyond any equalization attempted in the past. The use of the 
 waters of the lake for navigation, fishing, and power purposes at the 
 outlets would then receive prior consideration. This would limit 
 the maximum draft on the lake to about 3 feet, and of course would 
 not permit of the most advantageous use of these waters. The use 
 of the Lake of the Woods as an equalizing reservoir for the Winni- 
 peg River water power is essentially a new one. No " question of dif- 
 ference" existed at the time of the reference which involved this 
 use. It is, however, made a proper subject for consideration by the 
 commission under question one of the reference. 
 
 I therefore maintain that the scope of this reference and the duty 
 of the commission thereunder involves consideration of the future 
 effect of the Norman Dam upon riparian lands lying above ordinary 
 high-water mark under natural conditions, and also consideration of 
 the use of this dam in connection with the regulation of the water 
 flowing from the lake for the purpose of securing its most advan- 
 tageous use. I maintain further that such consideration is both 
 authorized and justified by the provisions of the treaty and is neces- 
 
PINAL BEPOKT OF THE INTERNATIONAL JOINT COMMISSION. 109 
 
 sary in order to fully answer the three questions of the reference, and 
 
 the commission so decided. 
 
 This interpretation of the treaty is clearly within the nik laid 
 down by the Supreme Court of the United States in Tucker v. Alex- 
 andross (183 U. S., 424), where Justice Brown, delivering the opin- 
 ion of the court, says : 
 
 As trenties are solemn engagements entered into between independent nations 
 for the common development of their Interests and the interests of civillzatioo, 
 and as their main object is not only to avoid war and secure u lasting and per- 
 petual peace, but to promote a friendly feeling l)etween the people of the two 
 countries, they should i)e interpreted in that broad and lil)eral spirit which Is 
 calculated to make for the existence of a perpetual amity, so far as it can l>e 
 done without the siicrifice of individual rights or of those principles of personal 
 liberty which lie at the foundation of our Jurisprudence. 
 
 To give Article IV the interpretation contended for by counsel 
 would be in direct conflict with the rule here stated, because it would 
 not tend to " promote a friendly feeling between the people " of these 
 two countries to continue the condition that gave rise to the questions 
 and matters of difference between tliem, set forth in the reference. It 
 would tend, rather, to aggravate them. Nor would this be an inter- 
 pretation " in that broad and liberal spirit which is calculated to make 
 for the existence of a perpetual amity '' between the parties to this 
 reference. On the other band, my interpretation does not "sacrifioe 
 individual rights or tho.se principles of personal liberty which He at 
 the foundation of our jurisprudence,'' because these rights and liber- 
 ties, so far as they are involved in the continued maintenanoe of 
 obstructions in these waters, e.xisting at the time the treaty Wftsniftde, 
 can all be secured and protected by special agreement belWMn Um 
 high contracting parties or by invoking the jurisdiction of this com- 
 mission for that purpose, as provided bv the treaty of January 11, 
 1909. 
 
 Dated at Detroit, Michigan, May 18, 1917. 
 
 Jaiob a. Tawmit. 
 
 We fully concur in the foregtnng supplemental concluaioni uid 
 reconmiendations. 
 
 Ohadiar Qabdiiib. 
 Kuucirr B. Glbmii. 
 
Plate 21. 
 
 EVENING ON THE UPPER WATERS. 
 
Part III. 
 SUPPLEMENT. 
 
 I.— PHYSICAL CONDITIONS. 
 
 The Lake of the Woods forms part of the boundary waters be- 
 tween the United States and the Dominion of Canada. The Prov- 
 inces of Ontario and Manitoba and the State of Minnesota meet at 
 the head of the Northwest Angle Inlet, on the west side of the lake. 
 Lying between the two great inland seas of Superior and Winnipeg, 
 the Lake of the Woods as one sees it on the map of North America 
 appears to be a comparatively insignificant body of water. Indeed, 
 to anyone not thoroughly familiar with the region it is difficult to 
 realize that this beautiful island-studded lake covers an area of nearly 
 1,500 square miles. 
 
 The Lake of the Woods has been known under a variety of names 
 
 :it different periods of its history. Th^ Indians called the northern 
 
 portion Kamnitic Sakahagan, which has been variously translated as 
 
 Lake of the Woods and Island Lake ; and the southern portion Pek- 
 
 waonga Sakahagan, or Lake of the Sand Hills. Another Indian 
 
 name is translated as liMiitefish Lake. This is now applied to that 
 
 portion of the lake east of Sioux Narrows. The northwest part of 
 
 the lake was known as Clearwater Ijake — now Clearwater Bay. 
 
 Another Indian name applied to the lake was Minitie or Minnititi. 
 
 During the period of French nile in Canada, the lake was variously 
 
 known to explorers and fur-traders as Lao dee Bois, Lac des Sioux, 
 
 Lac des lies, and in one case as Lac des Christiiieaux, a name more 
 
 generally applied to I^ke Winnipeg. The present name ia, of course, 
 
 a translation of the French Lac des Bois, which was itself probably 
 
 a translation of one of the old Indian names. Itainy Lake was 
 
 known to the Indians as Takamimouen, and to the early French 
 
 travelers as Lac la Pluie, of which the present name \» a translation. 
 
 Siinilnrly T^ainy River was known as Rivi^ du Lac la Pluie. 
 
 Winnipeg Kivcr, which carriea the waters of the Lake of the Woods 
 
 to Lake Winnipeg, has been known at various periods as Riri^re 
 
 Maurcpas, Riviere Blanche, White River, and Sea River. The 
 
 present name is n translation of the old Indian designadon, Wi-nipi. 
 
 meaning turbid water, which appears oo tlie old maps as Ouinipiqne. 
 
 Ill 
 108086-17 8 
 
112 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Ouinipigon, Winnipeek, Winipic, Winnipeggon-e-sepe, and a score 
 or more of variants. 
 
 The watershed tributary to the Lake of the Woods comprises, as 
 already mentioned, an area of 26,750 square miles, of which 58 per 
 cent is located in Canada and 42 per cent in the United States. The 
 Canadian portion is located within the Provinces of Ontario and 
 Manitoba, while the United States portion is located entirely in the 
 State of Minnesota. The predominant characteristic of the water- 
 shed is an abundance of irregularly shaped lakes and numerous 
 short, broken streams. These lakes and rivers make up 3,9(50 square 
 miles, or 14.8 per cent of the total area. The international boun- 
 dary follows the old canoe route of the fur traders from Lake Su- 
 perior to the Lake of the Woods, and enters the watershed at North 
 Lake. From there it runs through (Junflint Lake, Saganaga Lake, 
 Knife Lake, Basswood Lake, Crooked Lake, La Croix Lake, Hand 
 Point Lake, Namakan Lake, and thence via Kettle Falls to Rainy 
 Lake. Connecting these larger bodies of water are several smaller 
 lakes and streams with numerous rapids; the whole system consti- 
 tuting an almost continuous waterway. From Rainy Lake the 
 boundary rims down Rainy River to the Lake of the Woods. 
 
 The watere flowing from the Lake of the Woods enter one of 
 the largest drainage systems of the continent — that of the Nelson 
 River — through which the surplus watei"s from the central forest 
 region and a large portion of the prairie provinces of Canada, 
 together with a considerable portion of Minnesota and North Dakota, 
 find egiess into Hudson Bay. The ridge at the eastern edge of the 
 watershed, approaching to within 15 miles of Lake Superior, divides 
 the region draining into Hudson Bay from that draining into the 
 great St. Lawrence system; and that at the south divides this region 
 from the Mississippi Valley drainage. Toward the upper waters 
 of the St. Louis River there is an area of swamp which during 
 high water overflows into the headwaters of each of the three great- 
 est drainage systems of the continent. Any particular drop of 
 water falling in this swamp area may ultimately finds its way either 
 to Hudson Bay, the Gulf of St. Lawrence, or the Gulf of Mexico. 
 
 The climate is typical of interior regions located in similar lati- 
 tudes. The temperature varies from an extreme maximum of 100° 
 above zero during July to an extreme minimum of 50° below zero 
 during the winter months. On account of the influence of the forests 
 and lakes the summer temperatures are not so high nor the winter 
 temperatures so low as in the prairie region to the westward. The 
 average annual precipitation is about 25 inches, of which 5 inches 
 occurs as snow during the winter months.^ 
 
 * See Report of ConsuUing Engineers, Tables 1-5 ; Plates 1-13. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 113 
 
 The curious phenomenon of the lower hikes reaching their flood 
 stages several months after the spring breakup and rains may here 
 be witnessed. The reason for this is that each of the many upper 
 lakes forms an equalizing basin which retards the incoming waters 
 and produces such uniformity that the last of the chain, the I>ake 
 of the Woods, rises slowly, generally attaining its highest level in 
 July, and then as slowly falls again. 
 
 From the narratives of the early fur traders and explorers who 
 fi!\st crossed Rainy Lake and the Lake of the Woods, we have more 
 or less broken accounts of the physiography of this region, some of 
 which will be noted in subsequent chapters. 
 
 At later dates, eminent geologists from both countries have made 
 available a number of excellent reports concerning the various rock 
 formations, ore-bearing strata, and surficial soils. In connection 
 with this present investigation the commission has during its sur- 
 veys of the past three years procured a large amount of physical 
 information bearing principally upon the character of the lands 
 affected directly by the level of the waters in the different lakes. 
 
 A description of the physical geography of the Lake of the Woods 
 watershed can hardly be complete, however, without tracing the 
 role played by glaciers in the formation of its surface. During the 
 glacial period, which has l)een variously estimated by geologists M 
 dosing from six to ten thousand years ago, the entii-e upper portion 
 of the central valley of North .Vmerica was covered by a mass of 
 ice. The greatest thickness over R<'ltranii County in Minnesota has 
 been estimated at 1,000 feet. This gn»at extent of ice joine<l the 
 Arctic fields on tiie north and extended southward approximately 
 to the line of the Ohio an<l Mississippi Rivers. In the Se>*enth 
 Annual Report of the United States (reologi(*al Survey the extent 
 of the ice invasion is descrilx'd as follows: 
 
 Therp whs ItuJpwl n «tirreHj»l«»n of H<lvnnco»« nn«l rctrwitH. but It Ij« uftw» nm- 
 vcnlont to HiMMik of the wln>|«» n<* one frrent oiHot of ln». thonch It n«»w in»- 
 I»onrH tluit tluMv whs h( Umihi oiu» very prolonmHl iot(>rvnl. h»'«l«lcw Nrvrmi 
 tiiliior niu>M. TIh* iiioMt strlkliiK fu«'i recpecttDg Uio llmltntltm of ilit< ilrift- 
 Mtmiiii lrn<-t of llu> tiilorlor Ih Km Hpproxlmate mlncliUMitv with the Ohio niNl 
 MIsMourl Hlvorx. In tho f«»rnM>r chmo It n\u only Ih» n*inir«UHl an no'liliMilnl. 
 whilo In flic Inttor mw tlip rplntlon Meemii to be rauwil In »n»» ntMmurr. f»»r 
 t\w <'our«» of the prpf««»nt Mlwourl appMum to have l>iM»n muoh Innuonml by llw 
 lnvH<llnK ht». ♦ • • 'i'h« rtH'k m^ourlnsH arr th«» tmll* left by tlH» Invmlrr. 
 TlH»lr <hunuter mHouUI rfvi«nl ihu nniun* tif tho Uv vlHlinnt a* irockH n«\^^l 
 Uif tiiirk nuiker. Th« track of n Kinder In im unniUtakiible an ihnt of n iimii 
 or n l>onr. 
 
 Toward the cU)«e of the glacial |>criod the anieliomtion of the 
 cliiinite cause<l the ice slieet to recede up the Miwiwippi VelkjT* 
 When by melting away the iuat«i passeil the divide which sepeimtw 
 (he waters draining into Hudson Day from Utoee draining into the 
 
114 PINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Gulf of Mexico, a lake was formed with the divide as its southern 
 and the ice barrier as its northern shore. This lake, since called 
 Lake Agassiz, fed by glacial melting, spread northward and cov- 
 ered a considerable portion of Minnesota, Manitoba, North Dakota, 
 Ontario, and Saskatchewan. 
 
 Roughly the boundary of Lake Agassiz in the Lake of the Woods 
 district extended from a slight distance south of Red Lake easterly 
 to an intersection with the Big Fork River, thence northeasterly to 
 the middle portion of Rainy Lake, thence northerly to the outlet of 
 Lac Seul, thence northwesterly to a point below the outlet of Lake 
 Winnipeg. Its outlet for a time was through Browns Valley, the 
 point where the sources of the Red and Minnesota Rivers meet. 
 Here as time elapsed the outlet channel became deeper, and the lake 
 accordingly lower, thus accounting for the gravel beaches found at 
 different elevations in northern Minnesota and in Manitoba. Event- 
 ually a northern outlet to the waters of Lake Agassiz was formed, 
 so that now the remaining lakes, such as the Lake of the Woods and 
 Lake Winnipeg, held by natural barriers, are left as miniature rep- 
 resentatives of the greater body. 
 
 The leveling action of the ice sheet has been so thorough that at 
 no part of the watershed does the elevation above sea level greatly 
 exceed 2,000 feet. Along the boundary the elevations ascend from 
 600 feet above sea level at Lake Superior, up the precipitous Pigeon 
 River to about 1,800 feet at the divide, from which a descent is made 
 to 1,060 feet above sea level at the Lake of the Woods. Where the 
 49th parallel crosses the Red River of the north at the very interior of 
 the continent, the elevation is only 750 feet above sea level, the lowest 
 point on the international boundary between Lake Superior and the 
 Pacific slope.* 
 
 The Lake of the Woods watershed presents two general types of 
 surface formation. The first and most extensive may be divided 
 roughly from the other by a line extending from the west point of 
 Vermilion Lake in Minnesota, northwesterly to the outlet of Rainy 
 Lake, and thence in the same direction to the southern extremity of 
 Shoal Lake. The first portion, which lies northeast of this line, may, 
 except for isolated areas, be termed driftless;, with scanty soil cov- 
 ering and frequent rock outcrops. The outcropping rock consists 
 of granite, gneisses, schists, and agglomerates, with sedimentary 
 rocks appearing eastward from Rainy Lake, and certain volcanic 
 formations bordering the Lake Superior height of land. From Lake 
 Vermilion a ridge of granite iron-bearing formation, commonly 
 known as the Vermilion Range, extends northeastward into Canada, 
 crossing the international boundary at Gunflint Lake.* 
 
 ' See The Glacial Lake Agassiz, by Warren Upham, United States Geological Surrey, 
 Monograph XXV. 
 * See W. A. Johnston, Rainy River district. 
 
FINAL BEPOET OF THE INTERNATIONAL JOINT COMMISSION. 115 
 
 The other district to the southwest of the general line preWously 
 described is covered by a deep glacial drift. Part of the surface 
 formation here has been altered by the action of Lake Agassiz in 
 the depositing of various clays and sands. In certain localities de- 
 posits of marl are found, while in others it is possible to trace the suc- 
 cessive levels of the old lake by gravel beaches cast up at different 
 elevations. The surface soil varies from a clayey to sandy loam and 
 when cleared of timber produces all crops suitable to the latitude. 
 
 A considerable portion of this area of glacial drift, which has not 
 been artificially drained, consists of partially forested swamp caused 
 by the growth of moss on the uneven surface or by the work of 
 beavers in building dams. Where the water in the swamps is five 
 feet or more in depth, a growth called muskeg is formed, consisting 
 of moss which fills the water sufficiently to hide it, but yields to the 
 foot so that one may sink waist deep. During the centuries re- 
 quired to form these swamps, the disintegrated vegetation has been 
 deposited on the impervious bottom of the natural pockets forming 
 layers of peat. A depth of 12 feet of peat is not uncommon in the 
 larger swamps of Beltrami and Roseau Counties in Minnesota. 
 
 The underlying rock of the deep drift area is indicated by out- 
 crops at Long Sault Kapids, Manitou Kapids, Rapid River, Long 
 Point, Rocky Point, and Zippel, which generally consist of schists or 
 slates. In the vicinity of Swift to the south of the Lake of the 
 Woods several artesian wells have been sunk. 
 
 The drainage system of the upper portion of this region haa been 
 termed '^ immature^' by geologists. This is indicated by the large 
 number of lakes some of which are entirely landlocked, by the ab- 
 sence of large streams, and by the fact that the rivers are generally a 
 series of lakes or pools connected by rapids or falla. Moat of the 
 lakes have had a mixed origin, owing their eTiiitence to pregladal 
 erosion which scooped out deep valleys, and then to the drift which 
 left dams across these valleys at intervals, forming the chains of 
 lakes we now find in certain districts. The Lake of tlie Woods and 
 Rainy Lake both appear to be of mixed origin, the northern thoret 
 being formed by the bare glaciated rocks while the southern thoret 
 are formed by a gently sloping drift 
 
 Referring to the physical characteristics of the Lake of the Woodt, 
 A. C. Lawton tayi: 
 
 The Lake of the Woods l» uaturaUy dlvlttotl luio two dtatlnct parts, iMTtaf 
 Mtrongly markod dIffarencM* In their phjnlcal aiiMcti. TIm norttara partloa 
 iios an exoMdveljr Irrtgalar, rodqr coast Itoe, and Its whole eipaaaa Is tlMtly 
 studded with lalaadi, Tarylnf in shw troni msre rocfcjr MMa to tmmm oC Itad 
 manj miles In extent. The nouthern portion presents the cootrasttBc fhararter 
 of a hroad shset of shallow water slniost totslb* trw fnttu lalaads* csntalnsd Iqr 
 low, sandjr oc marshj shores of gentle sinuous outline. In which rock e nw e ar sa 
 are sxtremelj fsw, the whole In remarkahle oppoaltloo to the Jaoid cllfh and 
 tortuous* lsland<blocked channels of the northern porttoa. 
 
116 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 The line of demarkation between these two naturally distinct portions of 
 the lake is nearly coincident with the international boundary line from the 
 Northwest Anple to the mouth of Rainy River, were that line to bend around 
 so as to pass the southern extremity of BlKsby Island and strike the main shore 
 Sfuith of Little (irassy River, it would separate as nearly as possible the two 
 portions of the lake thus characterizetl.' 
 
 On the steep rocky shores of all the lakes of this watershed, marks 
 of lichens, remaining after the action of the water, are the means by 
 which nature has preserved records of previous stages of water. 
 These lichen marks have been of great importance to the various 
 engineers investigating hydraulic problems, since they give an indi- 
 cation of flood stages reached in the past and which may recur in 
 the future. The eflfect of the disintegrating action of the lichens 
 wliich everywhere cover the rocks has been described as follows: 
 
 The present aspetrt of the glaciated rock surfaces along the water's edge bears 
 much the same relation to that of the lichen-covered rocks away from thei 
 water as a iwlished and engraved surface of steel might do to that of a 
 similarly engraved but ruste<l piece of iron. The waters of the hike have 
 evidently had a protecting influence upon the rock surfaces along their shores, 
 keeping them from the organic acids of vegetation and the carbonic acid of 
 the atmosi>bere, which have eaten Into the surface elsewhere, and I'endered 
 the grooves and 8trla» faint and sometimes scarcely perceptible.* 
 
 Speaking of the southern portion of the Lake of the Woods as it 
 was in 1873, Dr. George M. Dawson says : 
 
 The southern and larger part of the lake, proiierly called Sand Hill Lake, 
 washes bare I^aurentlan rocks along its northeni e<lge. while the whole of its 
 southern and southwestern margin Is forme<l of sand and detrital naUter and 
 sweeiMi n)und In large gently roundeil bays very different from the nari-ow 
 irregular passages of the north. This southern portion of the lake is also 
 comparatively shallow and i)eri)etually extending its border southward and 
 westward among the swamps, sand hills, and lagoons by which it is there sur- 
 rounded and spreading detritus thus obtaineil over its bed. The evidence t)f 
 this Is everywhere apparent along its southern margin where tanairack swamps 
 are in some places so rai)id]y encroached on that the trees may be seen along 
 the shore bending forward at every angle and falling into the lake. Some 
 parts of the shore have in this way become 8urn)unded by an almost Impassible 
 belt of tangled and waterworn trunks and branches.' 
 
 Captain Twining, in his report as chief astronomer to the United 
 States Northern Boundary Commission, says of the Lake of the 
 Woods as he found it in 1872-73 : 
 
 The western and southern shores are bordered by vast swamps, the division 
 between the swamps and the lake being distinctly marked in some places by 
 small ridges of sand hills, but generally only by a narrow sandy beach, or an 
 accumulation of driftwood and brush. * * * The Lake of the Woods re- 
 
 1 A. C. Lawson, Report on the Geology of the Lake of the Woods Region, p. 115. 
 •Idem, p. 28. 
 
 » Report on the Geology and Resources of the Region in the Vicinity of the Forty-ninth 
 Parallel, pp. 203-204. 
 
Plats 73. 
 
 a. K»)()CHlCinN<! FALLS IN A STATK OK NATIIIE. 
 
 1 M 1 I.AU, UAT IIUUT KIVU;. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 117 
 
 f-eiveH two additional tributaries, one from the southwest called the War Road 
 River, and another from the west, called Reed River. These streams are simplr 
 small channels cut in the marshes or muslceKS. They drain a width of mamta 
 varying from 8 to IG miles in width.* 
 
 Incidental references are found in the narratives of several of 
 the early travelers to marked variations in the level of the lake at 
 various periods. Alexander Henry says in his Journal,* on Au^ist 
 7, 1800: 
 
 Ilefore daybrealt the wind fell, when we embarked, and finding the water 
 hi;rh i>assed the little Portage du I>aic des Bols under full s;ill. This was 
 looked uijon as extraordinary; we commonly carry our canoes and ba^reage at 
 this place upwards of half a mile, and sometimes a full mile, accordinj: to the 
 state of the water. 
 
 Professor Keating, who visited the lake in 1823 in connection with 
 a United States Government expedition,^ says: 
 
 With a view to avoid a circuitous navigation round a i)roje<"ting peninsula. It 
 is usual for voyagers to make a small i)ortaKe over tliis iK)int. It did not excee»l 
 TOO yards at tlie time we crossed it (August, 1823). Our guide wiys 
 tliat it is often under water so that the canoes puss without difllculty. This 
 HHiuires a rise of about 5 or 6 feet alwve tlie level of the waters at that 
 time. 
 
 Captain John Palliser was on the lake on July 4, 1857) and says:* 
 
 Ou coming to that portion of our route known as tlie Portage des Bola we 
 fo»ind tlie lake waters so nuich alntve their usual level that we were able to 
 
 Kjiil riglit over it. 
 
 Captain Butler writes under date of August 2, 1870 :• 
 
 We set Sill! for a strait known as tlit* (irassy i'orlage widch the hiuh alaf* 
 of water In tlie lake enubhii us to run tiirough witliout touching gruuml. 
 
 The maps and reports of the (Geological Survey of Canada sliow 
 that in 1K81 this portage was covere<l with water, while in 1883-H4 it 
 was dry land. Dr. (Jeorge M. Dawson, referring to Ree<i River on 
 the west side of the lake, in August, 1878, says: * 
 
 On entering the mouth of Uih><I Itlver, n sand bar la nomad, tlw watar on 
 which is apparently not more than Ti fei^t de(«p< The lower portion of th* 
 river Its4>ir, for alxuil 4 miles. Is Ixith wide and divp and not very lorluous. 
 
 The consulting ongiiuuMs of the couunission found the water in 
 July, 1913,4 fei^t d(H>p in the HhalloweNt part of Tug Channel; that is 
 what is now known as French or Dry Portage. At the same time 
 there were 2 to 2^ feet of wat«r over the bar at the mouth of Reed 
 
 • ItcportR u|Hin tliP mirrry of thr bouodarr. Waahlagton. ISTS. pp. 53. ftS 
 
 • N»w l.tRhl on the Karly lllntury uf tUo ()r««tM- Norlhwrtit. Vol. 1. p. Su 
 
 ' Nnrrnilvp of an KiptdUion to tbo 8o«re«« et St. rM«r*s BIw. Ht^ fol, I. p. 110. 
 Mourimta, lUpofta, Md ObmnrstloMi Bslatlag to tk* ■a|>li>iattoi of Brittak Hwtk 
 Amcrli-a, p. S4. 
 *UrMt lx>nr l.an(l. p. 60. 
 
 • Report on thr Oooloo sad RMoorcw o( lb* Bagloo la tiM Vklalty of tlM ry>r<r-a>atii 
 Parallfl. p. S7S. 
 
118 FINAL KEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 River, and the river was about 50 feet wide and 16 feet deep a short 
 distance from its mouth. 
 
 The temperate climate, together with the great number of lakes, 
 which comprise about 15 per cent of the area of the entire water- 
 shed, combine to give a natural regulation to the waters of the Lake 
 of the Woods seldom obtained even with extensive artificial works. 
 
 In order to convey some idea of the volume of water corre- 
 sponding even to 1 foot of depth on some of these lakes, it may 
 be stated that in the Lake of the Woods a depth of 1 foot is equiva- 
 lent to 41.4 billion cubic feet of water, while the corresponding vol- 
 ume for 1 f(X)t on Rainy Lake is 9.6 billion cubic feet Speaking 
 in other terms, a depth of 1 foot on the Lake of the Woods would 
 supply 1,313 cubic feet per second for one year, while 1 foot depth 
 on Rainy Lake would supply 305 cubic feet per second for the same 
 period. 
 
 There are a number of sites on the upper watershed in both 
 countries where water power could be developed, in both Canada and 
 the United States, should increasing population demand it, but this 
 can be more conveniently dealt with in another chapter. 
 
 The region tributary to the Lake of the Woods presents a number 
 of types of physical conditions. These conditions have in a manner 
 controlled the important industries now thriving on the watershed. 
 We find a surface ranging from alluvial lake bed to bare rock with 
 scanty soil, or an area covered entirely by forest, except where arti- 
 ficially cleared. We find one portion well fitted for agricultural 
 purposes and another for forestry and mining. The numerous lakes 
 and rivers offer opportunity for fisheries, navigation and water 
 power, in addition to their scenic charm. 
 
n.— HISTORY OF THE EEGION. 
 
 Which among white men first saw the Lake of the Wood* is a 
 question not entirely free from doubt, but such evidence as is avail- 
 able points to Jacques de Noyon, a native of the town of Three 
 Rivers, on the St. Lawrence. In the year 1687 or 1688, de Xoyon 
 ascended the Kaministikwia Kiver, which empties into Lake Su- 
 perior where the city of Fort William now stands, and following a 
 chain of lakes and streams, with many portages, up to the height 
 of land and down by other waterways to the lake of the Grists or 
 Cristinaux, which we know to-day as Rainy Lake, built a small 
 trading post at the western end of this lake, or on the banks of the 
 Tekamimouen or Ouchichiq River (Rainy River), where he spent 
 the winter. 
 
 The only known account of de Noyon's journey is contained in 
 a memoir by the Intendant Begon, dated 12th November, 1761,* 
 and from this we learn that the following spring the explorer with a 
 party of Indians descended Rainy River to the Lake of the Woods. 
 Begon's description leaves no doubt as to the identity of Uie stream. 
 ''About two leagues after entering the river," he suys, " there is a fall 
 wliere a small portage is required, and there are also two oUiar 
 small falls where portages also re<iuire to be made, and tben we oome 
 to Lac aux lies, otherwise called Asiniboiles.'^ The first fall men- 
 tioned is that which breaks the stream between Fort Frances and 
 International Falls; the other two are Manitou Rapids and the 
 Long Sault. 
 
 '^On entering this lake (Lake of the Woods),** continues Begon, 
 " to the left the country is barren, and on the right-hand side it is 
 provided with all sorts of trees and filleii witli numerous iaUnds.** 
 At the end of the lake, according to Indian report, there was a 
 river emptying into the ^^ Western Sea." The Mer de TOuest, or 
 Western Sea, had been the goal of French exploration from Can- 
 ada almost from the founding of the culouj'. As the tide of dis- 
 covery rolled westward, the elusive Western Se» receded before it. 
 Obviously, the great body of water which the Indisns described 
 to de Noyon, and which Begon calls the Western Ses, wm what we 
 know to-day as Lake Winnipeg. At a later date it was sought f6r 
 far to tlie west and southwe^ seross tlie great plains. It remained, 
 in fact, for Alexander Maokenxie to finally prove Uiat a vast con- 
 tinent lay between the St. r^wrencc and the true Wortem See. 
 
 » Mann* Mc««v«r«N tt ♦tebllwiMiaf d« ViMvili*. ▼. «. ^ 4SS <l M|k 
 
 lit 
 
120 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 But this is getting away from the subject. The year after the 
 date of B^gon's memoir, Lieutenant Zacharie Robutel de La Xoiie 
 followed the same route traveled by de Noyon, from the mouth of 
 the Kaministikwia to Rainy Lake, which he calls Tekamamiouen, 
 and where he built a small stockaded fort. La Noiie does not appear 
 to have gone any farther to the west, and therefore never saw the 
 Lake of the Woods. 
 
 No further attempts at western discovery appear to have been made 
 until the year 1731, when Pierre Gaultier de la Verendrve began the 
 long series of explorations to which he was to devote the remainder 
 of his life. He set out from Montreal in the early summer of that 
 year, with his three sons, .Tean-Baptiste, Pierre, and Francois, his 
 nephew La Jemeraye, and a party of soldiers and voyageurs, about 
 50 in all. They reached the western end of Lake Superior toward 
 the end of August. Unlike De Noyon and La Noiie, La Verendrye 
 had decided to follow a new route to the west, by way of Pigeon 
 River, what was later known as the (irand Portage route. Because 
 of trouble with his men, he sent La Jemeraye ahead with a small 
 party, while he with the remainder wintered at the Kaministikwia. 
 
 La Jemeraye got thiough to Rainy Lake, and built a post which 
 he named Fort St. Pierre, in honor of the leader of the expedition, 
 on Rainy River near the place where it leaves the lake of the same 
 name. The fort stood on what is now known as Pithers Point, and 
 its site was still recognizable a few years ago. 
 
 On June 8, 1732, La Verendrye with his men set out for Fort St. 
 Pierre, taking over a month to traverse the intricate chain of small 
 streams and lakes, with their numerous portages, connecting Lake 
 Superior and Rainy Lake. After a short rest at the fort, the entire 
 party, escorted by oO canoes of Indians, descended Rainy River to 
 the Lake of the Woods, crossed the lake to what was many years 
 later known as the North West Angle Inlet, and built Fort St. 
 Charles on its southern side, in what is now an isolated fragment of 
 the State of Minnesota. This is notable as the first trading estab- 
 lishment, in fact the first habitation of white men, ever built on the 
 shores of the Lake of the Woods. It is described in one of La 
 Verendrye's journals as follows: 
 
 The Interior of this fort measures 100 feet with four bastions. There is a 
 house for tlie missionary, a cliurch, and another house for the commandant, four 
 main buildings with chimneys, a powder magazine, and a storehouse. There 
 are also two gates on opposite sides, and a watchtower, and the staljes are in 
 a double row and are 15 feet out of the ground. 
 
 In the same journal he describes Fort St. Pierre: 
 
 A fort with two gates on opposite sides. The interior length of the sides 
 is 50 feet with two bastions. There are two main buildings, each composed of 
 two rooms with double chimneys. Around these buildings is a road 7 feet 
 wide; and in one of the bastions a storehouse and a powder magazine have 
 been made, and there is a double row of stakes 13 feet out of the ground. 
 
Platb S. 
 
 OJIIIWAYS ,\r Kiur KltANi'F.8. 
 
122 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 known as Massacre Island in the Lake of the Woods. An account 
 of this tragic incident in the early history of the lake will be found 
 in Burpee's Search for the Western Sea. 
 
 La V6rendrye and his sons pursued their western explorations, 
 until they were cut short by the death of the father in 1749. During 
 this period Fort St. Pierre and Fort St. Charles were maintained 
 as trading posts and bases for the explorers. 
 
 In 1750, Captain Jacques Repentigny Legardeur de Saint-Pierre, 
 who had been appointed to carry on the western explorations of La 
 V6rendrye, visited Fort St. Pierre and Fort St. Charles on his way 
 to Fort La Heine on the Assiniboine. Three years later Saint-Pierre 
 returned to the East by the same route, having been replaced in com- 
 mand of the western posts by an officer named De La Corne, who no 
 doubt also visited the forts on Rainy River and the Lake of the 
 Woods.^ This completes the meager history of the Lake of the 
 Woods region during the period of French rule in Canada. It may 
 be interesting to note that all the explorers named were natives not of 
 old France but of Canada. 
 
 Canada, in the language of a recent writer, had scarcely been 
 handed over to England before British traders began to make their 
 way into the west by way of the Great Lakes to reap the harvest of 
 peltries for which French explorers and traders had sown the 
 seed. Who the first British traders were that reached Lake Winni- 
 peg by way of Rainy Lake and the Lake of the Woods there is now 
 no certain means of knowing. In a letter from Benjamin and Joseph 
 Frobisher to General Haldimand it is said that the first adventurer 
 went west from Michilimackinac in 1765; that the Indians of Lake 
 La Pluie or Rainy Lake, having been long destitute of goods, owing 
 to the disorganization of French trade in the west after the surren- 
 der of Canada, stopped this adventurer and plundered his canoes, 
 and would not suffer him to proceed farther; that he attempted 
 again the year following and met with the same bad fortune; that 
 another attempt was made in 1767, goods being left at Rainy Lake 
 to be traded with the natives, who permitted the adventurer to pro- 
 ceed with the remainder; and that the canoes on this occasion trav- 
 ersed the Lake of the Woods and penetrated beyond Lake Winni- 
 peg — how far or in what direction, or who the traders were, the 
 Frobishers do not say. 
 
 It appears, from the narrative of Jonathan Carver,'' that he met 
 these or other traders at Grand Portage in the summer of 1767, and 
 that they had already proceeded as far as Fort La Reine, on the 
 Assiniboine, where they had opened up a trade with the Assiniboine 
 and Cree. From other sources it appears that a trader from Montreal 
 
 1 Burpee, Search for the Western Sea, p. 281. 
 
 * Travels Through the Interior Part of North America, 1798, p. 87. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT OOMMUBION. 123 
 
 named James Finlay reached the Saskatchewan in 1767, and that one 
 Thomas Curry followed him in 1770. Both these fur traders must, 
 of course, have followed the route through Rainy Lake and the Lake 
 of the Woods, but it is evident that they did not establish any trading 
 posts on these waters, and there is nothing to show that they made 
 any use of Fort St. Pierre or Fort St. Charles, which very probably 
 may have fallen into decay or been destroyed by the Indians in the 
 interval. 
 
 In June, 1775, Alexander Henry reached Grand Portage on a trad- 
 ing expedition to the west. He proceeded by way of the Grand 
 Portage route to Rainy Lake and the Lake of the Woods, and fnxn 
 thence descended the Winnipeg River to Lake Winnipeg and the 
 Saskatchewan. In his narrative he says : 
 
 We now entered Lake a la Pluie, which Is 15 lenpues long by 5 broad. Its 
 l)ank.s are covered with maple and hirch. Our encampment was at the mouth 
 of the lake, where there Ls a fall of water of 40 feet, called the Chute de la 
 fniaudlere. The carrying place is 200 yards in length. On tlie next evening we 
 encamped at Les Fourches (now the Bis Forks) on the River a la Pluie. where 
 there was a village of Chlppewas of 50 lodges, of whom I bought new canoea. 
 They Insisted, further, upon hnvinp «o<k1s given to them on credit, as wdl as 
 «in receiving some presents. The latter they reganled as an wit a MfiJw i il 
 tribute, paid to them on account of the ability which th«y poaseand to pot a 
 stop to all trade with the interior. I gave them rum, with which tbety became 
 drunk and troublesome. ;ind in the night I left,' 
 
 Henry describes the Lake of the Woods as 86 leagues long. 
 
 " On the west side," he says, '' is an old French fort or trading 
 house, formerly frequented by numerous bands of Clupeways, but 
 these have since been almost entirely destroyed by the NadowwBM 
 (Sioux). When strong, they were troublesome. On account of a 
 particular instance of pillage, they have been called Pilleurs.** 
 
 The first trading establishment of the North West Company in the 
 Lake of the Woods district was that known as Bainy Lake House, or 
 Fort of Lake La Pluie. It is uncertain when this post was built, but 
 in the Journal of John McDonnell * of 1798 it is referred to as follows : 
 
 lu sight of the fort of Lake Ui Pluie is the Kettle Fall, caualng a portafa. 
 The fort stauds on the tui) of a HtiH>p bank of the river. It haa two wooden 
 
 bastions In front flunking the gate. 
 
 David Thompson, who visited the post in 1797» nyt* it ftood half 
 a mile below the Falls. On the other hand, Alexander Mackensie/ 
 in his General History of the Fur Trade (1801), described it as 
 standing 2 miles below the Falls, '* situated on a high bank on the 
 north ude of the river, in 48.87 north latitude. Here,*^ he adda« 
 
 • TntrfU mn! .■■ fa CitmtKL •■« Ik* !■«■■ I^iUbiIm. ». US. 
 
 •Burp«><«. Kui . f ii>«. WMt. 
 
 •roa<^, New I4gi> .rljr llUiory of tlM OrMt«r Nor«a Wcat I. SO. 
 
 • Mnrkitualf. Voynv. Mantnml Tbnmgh tk* OosUamt of North AsMrtm. itovk 
 
 xclU. 
 
124 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 "the people from Montreal come to meet those who arrive from the 
 Athabasca country and exchange lading with them." 
 
 In 1799 Peter Grant was in charge of the post, and was succeeded 
 by Dr. John McLoughlin, in later years, after the amalgamation of 
 the North West and Hudson's Bay Companies, one of the leaders of 
 the fur trade on the Pacific coast. In any event, Rainy Lake House 
 must have been built some time before 1793 and after 1775, as it is 
 not mentioned in Alexander Henry's Travels and Adventures. 
 
 The Hudson's Bay Company also built a post on Rainy River about 
 where the town of P'ort Frances stands to-day. 
 
 It was rebuilt many years afterwards and named Fort Frances, 
 after the wife of Sir (leorge Simpson, governor of the company. In 
 fact, the Hudson's Bay Company must have had more than one trad- 
 ing post on Rainy River before 1800, for in his journal of that year 
 Alexander Henry writes:^ 
 
 We cainix^d Itelow Muiiituu Ilaplds * • ♦. At daybreak we embarked and 
 passed the old H, B. Co. establislmietit, vvhlcli has been abandoned for several 
 years. Soon after we came down the lAmg Sault. At 12 o'clock passed Rapid 
 Uiver, at 2 o'clock passed another old H. B. Co. establishment, and soon after 
 came to the entrance of Lake of the WimxIs. 
 
 Jesuit missionaries accompanied La Verendrye into the Lake of the 
 Woods country and did what they could to Christianize the natives. 
 Many years later Protestant missionaries attempted the same field, 
 as appears from the following entry in the minutes of the council 
 of the Hudson's Bay Company, held at Norway House in 1842 : 
 
 That a conunissloned fteiillemun's nlhnvance l)e forwarded from York Fac- 
 tory to each of the following Wesleyan missionaries: ♦ ♦ ♦ Mr. Mason, Lac 
 l4i Plule. 
 
 The first attempt by an American company to enter the fur trade of 
 the then northwestern frontier was made by the old South West Com- 
 pany, to which, in the name of Toussaint Pothier, in the winter of 
 1811 or spring of 1812, a patent was issued for property for a trading 
 post at the strait of Mackinac. The patent itself was captured by a 
 British party during the war of 1812, and nothing further was ap- 
 parently done to enter the fur trade in this region until after the war. 
 
 Michilimackinac. or Mackinac as it was afterwards called, was 
 a point of strategic importance from a commercial point of view, 
 and through this post passed the trade from the district of Fond 
 du Lac. so called from a post of that name at the place where the 
 city of Duluth stands to-day. The district of Fond du Lac first con- 
 sisted of the upper Mississippi posts at Leech Lake, Pokegame Lake, 
 and Sandy Lake, together with the Red Lake post. Later the con- 
 fines of the district were extended northward to the boundary, to 
 
 1 New Light on the Early History of the Greater Northwest. I, p. 21. 
 
Plats at. 
 
 FORT rRANCKS IN 1867. 
 
Plats 25. 
 
 THE FALLS AT FORT FRANCEf*. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 125 
 
 take in the entire United States portion of the Lake of the Woods 
 watershed.^ 
 
 The proixjrty and stock of the old South West Company was held 
 principally by John Jacob Astor, of New York, and McTavish and 
 Company, of Montreal. In 1815-lG Congress, in hope of excluding 
 foreign competition in the frontier region, enacted a law prohibiting 
 any one not a citizen from engaging in the Indian trade. Soon after 
 Astor bought out the McTavish interest and formed the American 
 Fur Company. The property was taken over in April. 1917. at Mon- 
 treal, by Ramsay Crooks in behalf of Astor. Shortly after this the 
 American Fur Company purchased from the North West Company 
 the posts at the headwaters of the Mississippi, which this company 
 had maintained here for a number of years. This purchase was the 
 first step made by an American company in entering the fur trade on 
 waters flowing into the Lake of the Woods. On June 20, 1817, Crooks 
 writes to William Morrison, from St. Marys Falls on Lake Superior: 
 
 I came to this place yesterday in the liope of possihle meeting with and 
 iianding you In person the Inclosed letter from Mr. RocheI)lave. hy which you 
 will perceive the Northwest Oimpany have sold to Mr. John Jacob Astor. of New 
 York, all the Interest they hold In the department of Fond du Ijic now in 
 your charge. • • * 
 
 With the property of the North West Company, the American Pwr 
 Company became heir to the former company's ruthless competition 
 with the Hudson's Bay Company. The law previously paased by 
 Congress was designed to prohibit the engagement in American trade 
 of agents of either of the Canadian companies. It was provide<l that 
 each trader must l>e a citizen of the United States and must procure a 
 bonded license from the agent of Indian affairs. 
 
 Referring to the early difficulties with the Hudson's Bay Company. 
 then controlled by I.iord Selkirk, Crooks writes from Mackinac to 
 Astor on June 28, 1817: • ♦ • 
 
 * * * And by Indirect advice fffim Fniid du T<ar our aflTaim In that qoartrr 
 lire likely to !>«• ni(m> advantnireouM than we r>«iuld hav« expected ft^m tba atate 
 of thiit department at the iH^glnnlng of luMt wlntt»r, and Uie larga ■lorlaa dr- 
 culaied by the N. W. (To. of the amoant of imiportjr hHmiI by tiOfil MklrkVi 
 t'liiisHiirie.s, who It now appears, reatOTad all they had taken — the raal alata of 
 the itusliieMs. however, ran not be known till the arrival of Mr. Moniaon. 
 which I look for In 10 or IB days. 
 
 > Tlii>M notM on th<> AnrrtcAn far tnitfi> ar* bsMd prlMrlfwIly apea taf 
 talnisl In tho old lottor booki of thr Am«>rlr«a rutC«mp*my, ISf to ma. pk i H a U t i 
 of which iirp In the p<>iiM>Mlan of thr Wla<<oOi4B lltirtortr*! Morlvty. Tkv MMM 
 rrpr.xin. M ••- rv--,., throuBh tho coartMjr of taUi Mdrty. forwmrikKl to Iho 
 l(i"t<>ri c.r St. rMui for fl wwwo. Tho oM inirr* .»n»i»i aatoly •( rarvt* 
 
 "P<>n<i<-« "i.nv irookD. ut«r pnaMMit of tb* Anvricoa Fur Coa^aay. to Joha 
 
 Jacoh Aatur m, who woro Mnployod by or who (waMwi m^ !• t**** 
 
 rompimjr. ki>.i siuart. ocvat of tho AlMrtcaa 9*t Oaaw«ay •* Mk-Utl- 
 
 nacktnac. 
 
126 FINAL BEPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 And again on July 21, 1817: 
 
 All the people of Lake Superior have come out and, with a few exceptions, 
 from almost every quarter. In the aggregate the returns are bad. 
 
 Selkirk's emissary, in addition to the destruction of our adventure to Red 
 liHke, did us a most serious injury in sending Messrs. Morrison and Roussain 
 prisoners to Fort William last fall ♦ * ♦ (afterwards returned to their 
 posts). Selkirk sent Into that quarter last fall at different times not less than 
 12 canoes and 60 men ♦ ♦ ♦ and, without scruple, Introduced the goods 
 which opposed us in the whole department of Fond du Lac, never finding it 
 convenient to consult tbe collector of the customs or the agent of Indian 
 iiffairs. • • ♦ 
 
 We have, however, had the good fortune to thwart most completely his un- 
 generous designs. • * • 
 
 Settlemept with Lord Selkirk for the seizure of certain property 
 and employees was later made, and the Hudson's Bay Company with- 
 drew its operations to the boundary. The American Fur Company 
 did not consider extending its posts to the boundary frontier until 
 1821, and these posts were not established until the following year. 
 On September 1, 1821, Crooks writes to Mr. William W. Matthews, of 
 Montreal : 
 
 I should like to get a couple of good traders for the Rainy I^ake department, 
 and wish you would be on the lookout ; should good people for that quarter 
 he found, it must be known early, as we would order goods accordingly, and 
 these people might in Montreal wait the arrival of the English gowls. 
 
 On November 24, 1821, this company entered into a four-year 
 contract with William Morrison for a salary of $1,400 per annum 
 to oversee their trade in the entire region of northern Minnesota. 
 The contract, written by Crooks, is, in part, as follows: 
 
 * ♦ ♦ And in addition that you will regulate and conduct the trade of all 
 such Posts or Places as may be established by tlie American Fur Company in 
 the Country North of the Fond du Lac Department, say In that region extend- 
 ing from the old Grand Portage on Lake Superior to the Lake of the Woods, or 
 further If required within the limits of the United States ♦ • ♦ 
 
 About this time the British Government had taken measures to 
 regulate the fur trade in their dominions, very similar to those 
 already taken by Congress. On November 31, 1821, Crooks writes 
 to Astor relative to this new legislation and to their own extension 
 into the Northwest: 
 
 ♦ * ♦ Since the British Government has legislated us out of Canada we 
 shall next year occupy three posts within our Hues from the vicinity of Rainy 
 Lake to the Lake of the Woods. These are the remotest posts we can have 
 on the north, and although we shall come in contact with the Hudson Bay folks 
 along the boundary, the best hunting grounds are on the American side. * * * 
 
 Further, in regard to the supplies for the new territory. Crooks 
 writes to Robert Stuart, the agent at Mackinac, on December 5, 1821 : 
 
 Morrison will next year establish the Rainy Lake country and carry our trade 
 as near as practicable to the boundary line. To do this effectually he is to get 
 a Mr. McGillis, and he will make the necessary arrangements. 
 
PINAL KEPOBT OF THE INTEKNATIONAL JOINT COMMISSION. 127 
 
 And on April 8, 1822, Crooks again writes Stuart : 
 
 You are already aware that Morrison will establish some new posts along our 
 northwestern border. The old Grand Portage Is allowed to be within oar line, 
 and there the N. W. have always had a good little post, since they retired to 
 Fort William. An outfit from the Fond du Lac department should be sent to 
 that place under some active man ; and In order to keep our opponents on their 
 own side of the boundary, our clerks or traders are to be made costomliOQW 
 oflScers, and as an additional security agaiust the interfering with onr Indiana, 
 the new station should be located as far from the boundary line as may be po«- 
 sible, having a due regard to the Interest of the trade; and this will ISMsn tb0 
 temptation which the rum of our adversaries would always be sure to creat* 
 were our houses so near to theirs. 
 
 The liquor problem mentioned in the last letter proved to be a 
 fitumbling-block in the way of the whole undertaking of the Ameri- 
 can Fur Company in the Lake of the Woods region. The American 
 traders were allowed to take no liquor whatever to the Indian coun- 
 try, while the Hudson's Bay Company with liquor were enabled to 
 draw the Indians to the boundary and buy up their excess provisioog, 
 which resulted in literal starvation for the American posts along the 
 lioundary. In July, 1822, Stuart requests from George Boyd, the 
 agent for Indian affairs at Mackinac, the right to import liquor into 
 the Indian country for the particular use of the boundary trade in the 
 Lake of the Woods territory. 
 
 During the early part of 1823 the American Fur Company and the 
 Stone Bostwick Company combined, still keeping tlie old name. In 
 writing to Mr. Stone relative to the state of their trade in the North- 
 west, Mr. Stuart brings up again the liquor question. He nyt: 
 
 But as at each post (say three in number) we cone In luHnedllef coatact wftb 
 the IludKon Bay Company wu Und it will be ImpoMlble to OppoBt ttlMl MNOM^ 
 fully without having some liquor— last year oar people were einosc eterved «■! 
 and had to carry provisions froui the Interior poets, at least 800 mUeik oa <lac 
 trains — & all this In consoquenco of the U. B. Ok parcheslnf wtth whlaiB^r 
 what provisions the Indians could Hpare; as there la no renedy at press at lor 
 the evil ( for the British Co. vouiu over to the line A drew ofvw the Indlaee). 
 I am coiiildent Oov. Cnas will iit once relieve ns, by giving psmlwion lo cany 
 in say 20 barrels whlMkcy ; A you may give him any pledge he maj raqoire tiet 
 a single drop of It shall not be used elsewhere: both OoL Boyd and Mr. teheel* 
 craft would I am aatlsfled aee the propriety of this. 4 be inclined to gnint our 
 request, but they might be averee to taking the rseponslbUlty • • • 
 
 The agent for Indian affairs. Major George Boyd, in Julj, 18B4, 
 granted a permit to Wm. A. .\itkin to take two barrels of Uquor iato 
 the Indian country for use in the extreme northwestern ttoatitr. 
 The permit was never renewed. 
 
 Of tlio three poets of the American Fur Company, that at the 
 mouth of Kainy l4ike is the only one definitely located, although as 
 elsewhere stated there seems to have been one at the mouth of War- 
 road River. Tlie Indians have a tradition that on the Namakan 
 Biver, which was at that time regarded as the boundary Uns^ ths 
 
 ioeoe»-i7 — 9 
 
128 FINAL REPOET OP THE INTEBNATIONAL JOINT COMMISSION. 
 
 American Fur Company maintained a small post on one side and 
 the Hudson's Bay Company a post on the other. 
 
 When the matter of adjustment of affairs previous to consolidation 
 with the Stone Bostwick Company in 1823 came up, it was conceded 
 that the three northern posts, under conditions existing at that time, 
 had little value. In fact the American traders began more and more 
 to look to the south and west and to the Pacific region. In regard to 
 the extensions in that direction. Crooks writes to Stuart on April 
 8, 1822: 
 
 • • • For the South and West will eventually be our chief dependence 
 and we had better prosecute that trade with vigor, before the door Is closed 
 against us by the enterprise and permanent arrangements now about to be ma- 
 tured by other adventurers. 
 
 The date of abandonment of these American posts in the Lake of 
 the Woods region is not known with certainty. In the minutes of the 
 council of the Hudson's Bay Company, held at the Red River settle- 
 ment in June, 1833, the following appears : 
 
 That the sum of Three Hundred Pounds Stg. be paid by draft on the Gover- 
 nor and Committee to Wm. A. Aitlcin, Esqre. ; the American Fur Company 
 having withdrawn during tlie past Outlit from the frontier of the Lalce Superior, 
 I^c la Plule, Winnipeg and Red River Districts, conformably to the terms of 
 an engagement entered between Governor Simpson and Mr. Altken, as per cor- 
 respondence dated Reil River, 21st Mai^ch 1833, the said amount to be charged 
 to the Lac la Plule District, Ot., 1834. 
 
 The same entry is repeated in the annual minutes of the council 
 up to the year 1842. In the minutes of 1839 the name of Ramsay 
 Crooks replaces that of Wm. A. Aitkin ; and the minutes of 1840 add 
 the following to the usual vote of £300 : 
 
 Information having been received tlirough Mr. Keith from Ramsay Crooks, 
 Esq., president of the American Fur Company, Intimating the probability of Mr. 
 W. A. Aitkin, establishing a trading post on the borders of Lac la Pluie district, 
 near Vermilion Lake, with a view of carrying on a trade with the natives of 
 that quarter, and Mr. Crooks, having requested permission to oppose Mr. 
 Aitkin In order to restrain his encroachments upon the trade of Lac la Piuie 
 district, it Is resolved, tlmt Mr. Crooks be requested to oppose him accordingly ; 
 that Chief Factor McDonnell be instructed to make the necessary arrange- 
 ments for meeting the expected opposition with vigor; and that any addi- 
 tional supplies In men and goods required for that purpose be furnished him 
 from Red River by C. F. Finlayson.* 
 
 Keating, in his Narrative,' mentions a post of the American Fur 
 Company on the south side of Rainy River, at or near the site of the 
 present town of International Falls. He learned from the agent that 
 the American Fur Company carried on a trade between Rainy Lake 
 and Fond du Lac, by way of the Grand Fork, Little Lake Winni- 
 peek, the Mississippi, Sandy Lake, Savannah River, and the river 
 
 * Oliver, The Canadian North- West, pp. 716, 732, 765, 781, 805, 822, 858. 
 ■ Keating. Narrative of an Expedition to the Source of St. Peters Biver. 
 
PINAL BEPOET OF THE INTEBNATIONAL JOINT COMMISSION. 129 
 
 St. Louis. Incidentally, it may be noted that in 1819 Lord Selkirk 
 proposed to the American Fur Company that they should establish a 
 trading post ^' north and east of Lake La Pluie and the Lake of the 
 Woods." 
 
 Dr. Bigsby, who made a tour of the Lake of the Woods and Rainy 
 River in 1823, as secretary to the Boundary Commission under 
 Articles VI and VII of the treaty of Ghent, makes a passing refer- 
 ence to the establishment of the American Fur Company, which inci- 
 dentally throws a certain light on the rivalries of the fur traders. 
 He says: 
 
 Walking out the morning after our arrival (at Fort Frances) with Mr. W. 
 McGlUivray, the lieutenant governor, I saw on the opposite side of the river 
 some buildings, and a tall, shabby-looking man angling near the falls. I asked 
 my companion what all that meant. He replied, " The two or three houaes you 
 see form a fur-trading post of John Jacob Astor. the great merchant of New 
 York. The man Is one of his agents. He Is fishing for a dinner. If he 
 catch nothing, he will not dine. He and his party are contending with na for 
 the Indian trade. We are starving them out, and have nearly succeeded.** 
 
 Bigsby adds this dry comment : 
 
 The expedients for preventing a rival from entering a rich fur coontiy are 
 gonietinies decisive. Every animal Is advisedly exterminated and tbe dtetrleC 
 la ruined for years.' 
 
 The establishment of the North West Company on Rainy River was 
 the scene of one of the minor conflicts between the company and Lord 
 Selkirk, growing out of the rivalries between the Hudson's Bay Com- 
 pany and the North West Company, and the establishment of Selkirk^ 
 settlement on the Red River. 
 
 In 1810 Selkirk sent one of his agents named Fiddler with an 
 armed party to seize Rainy Lake Fort. Deaae, who was in ehsrgt 
 of the post for the North West Company, managed to beat off the 
 attack. Fiddler returned to Selkirk at Fort William, and the latter 
 then sent d'Orsonnens, an ofiicer of the disbanded Swiss regiment, a 
 portion of which ho had brought west with him from Montreal, with 
 u strong force of men and two ficldpicccs to capture the post, which 
 they hnd no difliculty in doing. In the winter of tlie following jsar 
 Lord Selkirk's band of Do Meurons, in order to outflank the man of 
 Iho North West Company, crossed over to the Red River from the 
 Lake of the Woods, probably from some point on Buffalo Bay, and 
 reached Pembina. They came down Red River, surprised tho Nor*- 
 wefiters, and captured their post Fort Douglas. 
 
 It does not appear that the North West Compai^ established anj 
 trading posts on tho Lako of the Woods. The first posts built oo the 
 Inke subsequent to tho establishment of Fort St Charlea ware thoss of 
 the Hudson^ Bay Company at Rat Portage, known at ooa time as Rat 
 
 *TIM Sk«* aad Cmn—, Vot IL ITS. 
 
130 FINAL EEPOBT 07 THE INTEBNATIONAL JOINT COMMISSION. 
 
 Portage House, and of the American Fur Company at the mouth of 
 Warroad River. When Rat Portage House was first established it is 
 impossible to say with our present information. There may have 
 been a temporary post there as early as 1823, but if so it is curious 
 that neither Mr. Keating nor Dr. Bigsby makes any reference to it. 
 Paul Kane, however, mentions it in 1845 and in 1846. 
 
 " We next made the Rat Portage," he says, " at the foot of which 
 ia the fort, a small establishment where they were so badly supplied 
 with provisions as to be able to afford us only two whitefish." 
 
 On his return journey he says, " arrived at Rat Portage where we 
 were received by Mr. McKenzie with the greatest hospitality and 
 kindness." * 
 
 Captain Palliser says in 1857 : 
 
 On the left bank of the river, opposite to where the portage path terminates, 
 there Is a small temporary trading post of the Hudson's Bay Company.* 
 
 Henry Youle Hind, writing the same year, describes the fort 
 as, * * * " beautifully situated on an island at one outlet of the 
 Lake of the Woods. It is surrounded with hills about 200 feet high, 
 and near it some tall white and red pine, the remains of an ancient 
 forest, are standing amidst a vigorous second growth." » 
 
 Dr. Robert Bell, for many years an officer of the Geological Survey 
 of Canada, writes:* 
 
 I was at Rat Portage In 1872. The H. B. Co.'s post was all that there was 
 of It then. It consisted of two one-story log shanties, a sales shop, and a 
 dwelling. They stood on the west side of what afterwards became the first 
 and main street of Rat Portage. The shanties were at the same spot till 1882, 
 when they were burned, and the company moved across the street and a little 
 farther south. By 1881 they had been replaced by clapboarded buildings, or 
 the log ones had been clapboarded and built higher. • • • My visit in 1872 
 was made when I came up the Winnipeg River and passed Into the Northwest 
 Angle. The place was then a little outpost of the company with a small stock 
 of goods for the Indian trade. The only clearing was the little place between 
 the canoe-landing and the shanties. All around was unbroken forest. In 1826 
 there might have been a post at the western outlet, but I have never heard so. 
 
 Alexander Matheson, at one time a factor in the service of the 
 Hudson's Bay Company, says that " the old post was situated on an 
 island a short distance below the falls at the eastern outlet of Lake of 
 the Woods, and relics in the shape of parts of clay chimneys, etc., 
 were to be seen there a few years ago. The Portage du Rat proper is 
 west of the Western Outlet, at the place where Dick Banning and 
 Company's sawmill is. The site of the old post is now known as 
 Millers Island, and is nearly opposite the Rat Portage electric works." 
 
 » Kane, Wanderings of an Artist, p. 447. 
 
 'Palliser, Journals, Beports, and Observations Relative to tbe Exploration of British 
 North America, p. S4. 
 
 • Hind, Narrative of the Red River Expedition, p. 107. 
 
 * Ontario Bureau or Mines Report, 1895, pp. 169-170. 
 
Plats Mw 
 
 «, RAT POKTAOB IN 1857. 
 
 *. KBTTLi: FAI.I^. l»K. 
 
FINAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 181 
 
 This identification of the old post is confirmed by R. J. K. Pither, for 
 some years an employee of the Hudson's Bay Company, later an agent 
 of the Indian Department of Canada, and now living in his extreme 
 old age at Kenora. 
 
 Mr. Archibald Blue, from whose valuable narrative of his Tour 
 of Inspection Through Northwestern Ontario (Ontario Bureau of 
 Mines Eeport, 1895), the above is taken, has this to say in regard to 
 the three outlets of the Lake of the Woods: 
 
 There are three outlets from the lake which unite below to form the Winni- 
 peg River — one near the west side, a small stream, now called Keewatin Chao- 
 nel, where Keewatin village stands; one near the east side of the lake, doM 
 to the mo<lern town of flat Portage, called the east branch of the river, on 
 which Is the beautiful Hebes Falls; and the third and largest in the middle, 
 called the west branch, on which is the Witch's Cauldron, and the great dam 
 recently completed by the Keewatin Power Company. The village ct Nonaan, 
 built on the island l)etween the middle and western outlets, is now part of Rat 
 Portage town, having been incorporated with it in 1802, but Keewatin has 
 maintained an independent existence. On the old maps Portage du lUt is 
 shown to be near the western channel. Upon the left bank of the middle cbao- 
 Del there Is to be seen an old trail, now grown up with bushes; but ttm 
 portage at present In use by the Indians Is on the right bank of tba aastern 
 channeL 
 
 Very little is known of the establishment of the American For 
 Company at the mouth of Warroad Kiver. Henry R. Schoolcraft, 
 who was Indian agent for the United States Qovemment at Sault 
 Ste. Marie for several years, has the following in a report on tradinf 
 posts in his agency, dated August 9, 1824 : 
 
 Pursuant to Instructions, I have determined on the tollowtnt places wbsre 
 trade may be carried on with the dlffprent baoda of Indians within the ttastts 
 of this afsncy * • • 1& At Ualny Lake. IS. At War Uoed • • • 
 
 It appears from the schedule to the deed of lorrender from the 
 Hudson's Bay Company to the Crown in 1809| when Canada 
 jurisdiction over what was known as Ruperts Land, that tiM 
 pany at that time had the following trading posts in the Lak* La 
 Pluie district, extending from the mouth of Winnipcf Bi?tr lo 
 Rainy Lake: Fort Alexander, Knglish River, Eaglet Nasi, Lm d« 
 Bonnet, Rat Portage, Whitefish Lake, Trout Lake, Lake of tbe 
 Woods, Shoal Lake, Dig Island, aeerwtter Leke, QuOj Point, 
 Hungry Hall, and Fort Franoee. 
 
 By the deed of surrender certain small areas of land around these 
 posts were reserved to the company. In 1879, at the reqiiee t of tbe 
 company, an order in council was pased by the DominioD Goren- 
 ment allowing the company to select additional areas at Rat Portage 
 and Fort Frances. For some reason the patent did not issue at the 
 time, and it waa not until 1888 that the goTemment of Ontario, 
 which in the interval had obtained juriadidioo over these lands ae 
 
182 FINAL REPOBT OF THE INTEENATIONAL JOINT COMMISSION. 
 
 part of the territory of the Province, issued a patent for the reserve 
 at Rat Portage to the company. 
 
 In 1875 the Dominion Government leased a number of islands in 
 the Lake of the Woods to certain lumber interests in Winnipeg for 
 a period of 21 years. The lease reads : 
 
 All the Islands In the Lake of the Woods lying north of the steamboat channel 
 leading into the Northwest Angle of said lake, Including the Islands in White 
 Fish Bay, together with 18 square miles on the main shore. 
 
 In 1891 it was found desirable to resume possession of these 
 islands, and, in view of the surrender of their lease, the lessees were 
 granted Tunnel Island and the water power at the western outlet of 
 the Lake of the Woods. The later history of this water power will 
 be dealt with in another chapter. 
 
 Anyone unfamiliar with the history of the Lake of the Woods 
 region might get the impression from a reading of this as well as the 
 succeeding chapters that a disproportionate amount of space has been 
 given to the part Canadians had taken in the exploration of the 
 region; but, as a matter of fact, the explorers, fur traders, mission- 
 aries, and travelers who traversed these waters were in nearly every 
 case Canadian. The icgion was discovered by Canadians during*the 
 old French regime, and there were obvious reasons why in later 
 years men of the same nation should follow. The water routes from 
 Lake Superior to the west furnished the only practicable thorough- 
 fares between what was then Canada and the great western plains. 
 On the other hand, the Lake of the Woods region lay well outside the 
 recognized routes from the Eastern States to the trans-Mississippi 
 regions. Consequently until comparatively recent times — in fact, 
 until the beginning of the period of settlement — few Americans pene- 
 trated to this remote corner of the United States. 
 
Plate 27. 
 
 NORTHWEST ANGLE SURVEY 
 
m.— BOTTNDAEY QTTESTIONS. 
 
 The first appearance of the Lake of the Woods in diplomatic his- 
 tory is in the preliminary treaty of 1782, signed at Paris on Novem- 
 ber 30 of that year by Richard Oswald, on the part of Great Britain, 
 and by John Adams, Benjamin Franklin, John Jay, and Henry 
 Laurens on behalf of the United States. Article II relates to the 
 boundaries between the United States and British North America, 
 and describes the western portion of the boundary as follows: 
 
 Thence through Lake Superior, northwest of the Isles Royal and Phellpeaax. 
 to the Long Lnke and the water ' communication between it and the Lake of 
 the Woods, to the said Lake of the Woods ; thence through the said lake to the 
 most northwestern point thereof, and from thence, on a due west oourss^ to the 
 River Mississippi. 
 
 The definitive treaty of peace, commonly known as the treaty of 
 Paris, was signed at Paris, September 3, 1783, by John Adams, Ben- 
 jamin Franklin, and John Jay, on the part of the United States, and 
 by David Hartley, on the part of Great Britain. Article II of this 
 treaty is identical with Article II of the preliminary treaty. 
 
 The negotiators of the treaty relied for geo^aphical informatioo 
 upon Mitchcirs map of North America, 1755. This was Uie ktfll 
 inaccurate printed map available at the time, although that was not 
 saying much. A great deal of the country dealt with in the treaty 
 was unexplored, and it was subsequently found that Mitcbeiri mapi 
 particularly so far as the West was concerned, was Teiy far from 
 accurate. It is now known that much more reliable manoaeript rnapt 
 existed in 1782, but these were unknown to the negotiators, or st any 
 rate were not used. It was not, however, until 1797 that tlM fbel 
 was absolutely established that the boundary proposed by ths trsaty 
 of peace from the northwestern point of the Lake of ths Woods 
 '* on a due west course to the River Mississippi ** was a fBogrsphical 
 impossibility. 
 
 In a manuscript document signed by David Thompson, for many 
 years astronomer of the North West Company and aflsrwardi 
 astronomer and surveyor for Great Britain under ths rfltk nd 
 seventh articles of the treaty of Ghent, he ssys: 
 
 At the Uine of tho treaty, 1788. the northwest point of tbe Lsks e( tbs Weodi 
 was snppoesd to lie in obout 00* of north latltiMle aod tbe bead of lbs Mls> 
 Btarippl ionewhat farther north. • • • In tbe iprlnf e( livr, I was ss 
 tbe headwaters of the Ulsslaelppl. nnd bj astronomical obssrratkws dstanataed 
 Its head to be In the latitude and lonttitudo Inid do«m In the nap^ makligt e 
 difference of S* and SO* more sooth than the northwest point of the 'rf*^ 
 of Uie Woods. 
 
134 FINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 In November, 1794, the treaty known as the Jay treaty was con- 
 cluded. Article IV reads as follows : 
 
 Whereas It Is uncertain whether the River Mississippi extends so far to 
 the northward as to be intersected by a line to be drawn due west from the 
 Lake of the Woods In the manner mentioned in the treaty of peace between 
 His Majesty and the United States, it is agreed that measures shall be taken 
 In concert between His Majesty's Government in America and the Government 
 of the United States for making a Joint survey of the said river from 1" of 
 latitude below the falls of St. Anthony to the principal source or sources of 
 the said river, and also of the parts adjacent thereto; and that if on the 
 result of such survey it should appear that the said river would not be 
 Intersected by such a line as is above mentioned the two parties will there- 
 upon proceed, by amicable negotiation, to regulate the boundary line In that 
 quarter, as well as all other points to be adjusted between the said parties, 
 according to justice and mutual convenience, and In conformity to the Intent 
 of the said treaty. i 
 
 This survey was not made ; David Thompson, as already mentioned, 
 having definitely determined that the source of the Mississippi was 
 over 2° south of the northwest angle. 
 
 The lack of knowledge, even among those best informed, as to the 
 country west of the Lake of the Woods may be judged from the 
 following official instructions sent by the British Admiralty to 
 Captain George Vancouver on March 8, 1791 : 
 
 You are hereby required and directed to pay a particular attention to the 
 examination of the supposed straits of Juan de Fuca, said to be situated 
 between 48 and 49 degrees north latitude, and to lead to an opening through 
 which the sloop Washingtrm Is reported to have passed In 1789, and to have 
 come out again to the northward of NootUa. The discovery of a near com- 
 munication between any such sea or strait, and any river running into or 
 from the Lake of the Woods, would be particularly useful. 
 
 In a letter dated June 8, 1802, Madison wrote Rufus King, then 
 minister for the United States at the Court of St. James, com- 
 missioning him to enter into negotiations for the adjustment of the 
 boundary, and suggesting " a line running from the source of the 
 Mississippi which is nearest the Lake of the Woods and skirting 
 it westward on a tangent, and from the point touched along the 
 watermark of the lake to its most northwestern point at which it 
 will meet the line running through the lake." The matter was taken 
 up with Lord Hawkesbury, and he and Mr. King reached an agree- 
 ment that the boundary should be the "shortest line which can be 
 drawn between the northwestern point of the Lake of the Woods 
 and the source of the Mississippi." 
 
 In 1803 the King-Hawkesbury convention was arranged. Article 
 II of this convention, following, except in its concluding statement, 
 the language of Article IV of the Jay treaty, provided that " whereas 
 it is uncertain whether the river Mississippi extends so far to the 
 northward as to be intersected by a line drawn due west from the 
 
FINAL BEPOBT OF THE INTEBNATIONAL JOINT COMinSSION. 135 
 
 Lake of the Woods * * * it is agreed that ♦ ♦ ♦ the bound- 
 ary of the United States in this quarter shall * * * be the short- 
 est line which can be drawn between the northwest point of the Lake 
 of the Woods and the nearest source of the River Missiasippi." 
 Nothing came of this at the time because of the refusal of the United 
 States Senate to ratify the fifth article. The United States had a 
 few weeks before acquired Louisiana from France, and the Senate 
 feared that Article V of the Hawkesbury-King convention, if 
 assented to, might adversely affect the rights acquired under the 
 Louisiana treaty. 
 
 Monroe, in a communication dated September 5, 1804, reviewed 
 the negotiations in connection with the boundary, and set forth the 
 views of the United States as to the inadmissibility of the proposed 
 boundary from the northwest point of the Lake of the Woods to 
 the nearest source of the Mississippi. This line, it was now known, 
 would necessarily run south of the forty-ninth degree of north lati- 
 tude. Monroe stated that commissaires appointed under Article X 
 of the treaty of Utrecht, 1713, had " fixed the northern boundary 
 of Canada and Louisiana by a line beginning on the Atlantic at a 
 cape or promontory in 58** 30' north latitude, thence southwest- 
 wardly to the Lake Mistassim, thence further southwest to tlie lati- 
 tude 49** north from the equator, and along that line indefinitely;^ 
 that France by the Louisiana treaty had ceded the WBrtiiiii terri- 
 tory up to latittulo 49** to the Uniteil States, and that, ooonqoant]^, 
 the line proposed by the Hawkesbury-King convention would run 
 through the territory of the United States. 
 
 The accuracy of the stattment that the eonwnwwoneri, mder 
 the tre.ity of Utrecht, had settled the boundary was afterwards 
 challenged by Oreenhow in the Washington Olobe^ Jsnnsry 15, 
 IS40, and later in his IJistory of Oregon and CaUfomim. It woukl 
 appear also from a memoir of the Comtc de la Galissonnitee oa the 
 French colonies in North America, dated Deeeoiber, 1750; from 
 the private instructions to the Marquis de VMidviail, dated April 
 1, 1756; and from a statement by the Due de Choiseal in 1701, that 
 the commissioners never reached any sgrsement, and tliat the ques- 
 tion was still in dispute when France oeded Cenada to Qreet Britain.* 
 
 Whether or not the commissionen onder tlte treaty of UtrschI 
 fixed latitude 49° as the boundary between the western territorise 
 of England and France, there is no doubt thst the BritiA eoni- 
 inisaioners contended for the forty-ninth parallel as the eoutherD 
 boundary of British territory. 
 
 After the conclusion of the treaty of amity and commeroe of De- 
 cember 81, 1806, the British negottstors propoeed a sappleoMBtaiy 
 
 * Sm tlM waittFH BoMSiry WtvUm mai Trwtha, »». 
 
136 FINAL REPOBT OP THE INTEBNATIONAL JOINT COMMISSION. 
 
 convention defining the boundary from the northwest angle of the 
 Lake of the Woods. They proposed that it be drawn due south to 
 the forty-ninth parallel and thence due west " as far as the territories 
 of the United States extend in that quarter." The latter words were 
 subsequently changed, to meet the objections of the American com- 
 missioners, to " as far as their respective territories extend in that 
 quarter." The treaty, however, fell through and with it the boundary 
 convention. 
 
 Under the terms of the treaty of Ghent, signed December 24, 1814, 
 on the conclusion of the War of 1812-1814, provision was made for 
 the appointment of commissioners to determine the boundary " from 
 the water communication between Lake Huron and Lake Superior, 
 to the most northwestern point of the Lake of the Woods." Much 
 controversy followed as to the identity of "Long Lake," and the 
 course the boundary should take from Lake Superior to the Lake of 
 the Woods, but that need not be gone into here. The respective 
 claims set up by Barclay and Porter, the British and United States 
 commissioners, will be found fully set forth in James White's Bound- 
 ary Disputes and Treaties (in Canada and its Provinces). The 
 commissioners were in agreement respecting the boundary from 
 Rainy Lake to the Lake of the Woods, and defined it as passing 
 through the middle of Rainy Lake to its sortie, thence down the 
 middle of Rainy River to the Lake of the Woods, thence northwest- 
 erly and westerly to the head of a bay " being the most northwestern 
 point of the Lake of the Woods" in latitude 49" 23' 55" N. and 
 longitude 95° 14' 38" W. 
 
 In negotiating the London convention of 1818, Gallatin and Rush, 
 who represented the United States, proposed the forty-ninth parallel 
 as the boundary from the Lake of the Woods to the Pacific. The 
 British negotiators, Robinson and Goulbum, thought the far west- 
 em boundary should follow the Columbia River to its mouth. They 
 later suggested the forty-ninth parallel from the Lake of the Woods 
 to the Rocky Mountains, and that west of the mountains the country 
 between the forty-fifth and forty-ninth parallels should be free and 
 open to the citizens of both countries. This was subsequently modi- 
 fied so that all the country west of the mountains claimed by either 
 nation should be free and open for ten years to the vessels, citizens, 
 and subjects of the two powers. 
 
 Article II of the treaty of 1818, as finally ratified, reads as follows: 
 
 It Is agreed that a line drawn from the most northwestern point of the Lake 
 of the Woods, along the forty-ninth parallel of north latitude, or, If the said 
 point shall not be In the forty-ninth parallel of north latitude, then, that a 
 line drawn from the said point due north or south, as the case may be, until 
 the said line shall Intersect the said parallel of north latitude, and from 
 the point of such Intersection due west along and with the said parallel, shall 
 
I-INAL REPOBT OP THE INTEKNATIOITAL JOINT COMMISSION. 137 
 
 be the line of demarcation between the territories of His Britannic Maje^ 
 and those of the United States, and that the said line shall form the aoathem 
 boundary of the said territories of His Britannic Majesty and the northern 
 boundary of the territories of the United States, from the Lake of the Woods 
 to the Stony Mountains. 
 
 It having been finally deteraiined that the forty-ninth parallel was 
 south of the Northwest Angle of the Lake of the Woods, Article 11 
 of the AVebster-Ashburton treaty of 1842 provided that the boundary 
 line should run along the line already traced by the commissioners of 
 the two countries from Chaudiere Falls, at the outlet of Rainy Lake, 
 to the " most northwestern point of the Lake of the Woods, being in 
 latitude 49*' 23' 55" north and in longitude do" 14' 38" west from 
 the observatory of Greenwich; thence, according to the existing 
 treaties, due south to its intersection with the forty-ninth parallel of 
 north latitude, and along that parallel to the Rocky Mountains; it 
 being understood that all the water communications and all the 
 usual portages along the line from Lake Superior to the Lake of the 
 Woods, and also Grand Portage from the shore of Lake Superior to 
 the Pigeon River, as now actually used, shall be free and open to the 
 use of the subjects and citizens of both countries." 
 
 After many vicissitudes the western boundary had at last been set- 
 tled as running through the Lake of the Woods to what wta known 
 as the Northwest Angle Inlet ; from the head of that inlet due south 
 to the forty-ninth parallel ; thence west along that parallel. It miy 
 be noted, however, that the e.\act location of the Northwest An|^ 
 was not settled without controversy, it having been argued on oat 
 side that Rnt Portage was the northwestemmost point of the 
 Lake of the Woods and that the boundary should run west from that 
 point, and on the other that the description " northwestern point • 
 was an error, and that the obvious intention was that the boQWlafy 
 should run from the " southwestern point ** of the I*ako of the Wood*. 
 where the forty-ninth parallel strikes the lake. 
 
 It appears from a letter of Captain W.J. Twining, chief astronomer 
 of the United States Northern Boundary Commission, dated Oetobor 
 t, 1878, that Dr. I. L. Tiarks, who with David Thompson had been 
 employed in 1825 by the British Government to determine the nortli- 
 west point of the lake, was actually responsible for deCennininf IIm 
 location of the Northwest Anglo. Tisrks, it is said, had to deddt 
 between the angle at Rat Portage and the bay or inlet now knofwn 
 as the Northwest Angle. ** This question,** ssjs Twining, ** was set- 
 tled by Tiarks in favor of the latter on the principle that the north- 
 west point was that point at which, if the line were drawn in the plane 
 of a great circle, making an angle of 45^ with the meridian, soeh a 
 line would cut no other water of the lake. He therefore detenniiied 
 the relative position of the two points in question by means of tbrir 
 
138 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 latitude and longitude ; the latitudes were fixed by means of the sex- 
 tant and the longitude by the mean of several chronometer determi- 
 nations." Dr. Tiarks's report was adopted at the time by the com- 
 mission on the part of the United States. 
 
 But, although the position of the Northwest Angle had been de- 
 cided upon, the question was still very far from being finally settled. 
 The point fixed by Tiarks and Thompson as the northwest point of 
 the Lake of the Woods was found to be in a swamp, and its position 
 was given by certain courses and distances from a reference monu- 
 ment. The monument was described by Thompson as a "square 
 monument of logs, 12 feet high by 7 feet square, the lower part of oak, 
 the upper part of aspen." Its latitude was given by Tiarks as 49° 23' 
 0C.48" north and its longitude approximately 95° 14' 38" west from 
 Greenwich. 
 
 Because of some uncertainty as to the true position of the forty- 
 ninth parallel, it was determined in 1872 to survey and mark the 
 boundary from the Lake of the Woods to the Rocky Mountains, and 
 this work was intrusted to an international commission. Captain D. R. 
 Cameron representing Great Britain and Archibald Campbell the 
 United States. In connection with the duties intrusted to them, it 
 became necessary for the commissioners to verify the position of the 
 northwesternmost point of the Lake of the Woods, as fixed by 
 Tiarks and Thompson. In 1872, however, the water of the lake was 
 much higher than it had been in 1825, the site was covered with 
 several feet of water, and nothing remained of the reference monu- 
 ment but a few fragments of the oak foundation. It was only there- 
 fore after much search, with the help of Indians, that the remains of 
 the monument were finally discovered by the astronomers of the com- 
 mission, Captain W. J. Twining and Captain S. Anderson, R. E. 
 The report* contains the following interesting account of the old 
 boundary monument of 1824 : 
 
 We found at the angle the camp of a surveying party of the British commis- 
 sion in charge of Ck)lonel Forrest, who were engaged in making a survey of the 
 entire northwest arm of the lake, which was afterwards continued along the 
 west shore to the forty-ninth parallel. Colonel Forrest, at various times before 
 our arrival, had sought to discover some trace of the reference monument 
 before alluded to, but his search had been in vain. He had sought information 
 as to Its location from the Indians in the vicinity, and elicited to the effect 
 that some of them remembered the visit of the party which erected it, in 
 October, 1824, and that but a few years had elapsed since its total disap- 
 pearance. They, however, refused to point out the locality which they claimed 
 to know, except upon payment of extravagant rewards to themselves and their 
 tribe. After several powwows with them C5olonel Forrest, discrediting their 
 statements, had given up hopes of discovering anything from them and refused 
 to treat further with them. Colonel Forrest stated to me that some Indians had 
 brought to his camp a portion of an oaken log charred and much decayed, which 
 
 » Reports Upon the Survey of the Boundary • • • from the Lake of the Wooda 
 to the Summit of the Rocky Mountains. Washington, 1878, pp. 80-81. 
 
FINAL EEPOET OP THE INTEBNAnONAL JOIHT OOlOOSglOH. 189 
 
 they averred was a portion of the center post of the old momiflMnL Am 
 they refused to say where they had gotten It, unless their 
 were complied with, and carried it awuy with them when thtf 
 not to obtain the compensation sought. 
 
 It is not necessary to seek for reasons which would explain the 
 In the course of 48 years, of a wooden post surrounded by a cribwork of lopL 
 
 First, it was in a locality frequently visited by Indians, whoM feaUts «f 
 wanton destruction are well known ; second, the locality in quostlaa had bMB 
 ravaged by forest fires ; third, natural decay, which was hastened bf the tect, 
 as will hereafter appear, of its being much in the water. We bad as data Dor 
 our search the map of the commissioners of 1825, on which were n wrtud tlM 
 positions of the reference monument, the " most northwestern point ** and tka 
 place where the astronomical observations were made. We bad given alaa tha 
 latitude and longitude of the most northwestern point, and the ooonea and 
 distances connecting this point with the reference monument 
 
 The ofllcial map was, however, drawn to so small a scale (2 Inchea to 1 mlla) 
 that details of localities, such as the most northwestern point, etc, were not 
 recognizable ; but the points of land marked " monument " and ** obse r v at or y " 
 were distinguished, and in the vicinity of the former point thoroogh 
 made for some trace of the monument by Major Farquhar, Captain Anderson, i 
 myself, assisted by the men of our respective parties. This provlni 
 ful, it become necessary to await the completion of Colonel Forrest^ detaUad 
 survey. During this Interval I verified this survey by independent iit>aCi latlwia 
 for azimuth and by rerunning the transit lines upon the northwestern alMra 9t 
 the bay and resurveylng in vicinity of the point of land marked ** obaarvntory * 
 on the official map. Separate plats having been made and found in 
 several points In latitude 40° 23' 55" (official latitude of must oortlli 
 point) were platted from latitudes obtained by sextant obssnratloni^ 
 them were platted the ofllcial courses and distances to the refercnca 
 Falling to obtain by this means any trace of the exact site of the 
 as was supposed on account of tlie probable discrepancy whlcli would 
 exist between the official latitude and the latitude derived firoa OS 
 tlons, and as the Joint commissioners who were to follow ns from tbe Rod Rlw 
 bad not yet arrived, Major Farquhar dlrectetl me to select a point on tbe longoa 
 of land on which we supimsod should be the most Dortbwest point to erad fbort 
 a station, make azimuth observations, and begin tba cutting of tba 
 Hoe. The station, pyramidal, with 20-foot center post, 
 cutting began, but suddenly abandoned for cause as will appsar. 
 
 Mr. James McKay, then meuilier of ParllamiMit of tlie Ihrovlaet 9t 
 and manager for the Dominion Government of the " Dai 
 at tbe Northwest Angle and bccanio at onca Intsraatad In tba 
 lost monument site. Mr. McKay Is of mixed deaeant, and ipaaka witli 
 tbe language of the OJIbways, having spent a lance portion of bla tlf¥ 
 tbera. On this account, and because of bis ofBclal poaltloo and 
 allty, he has much Influence with tlie Indiana, and aNilnsd aoa af llw aM 
 chiefs, who snid he knew the place where tbe monnmant iMid baaa» la fa wHli 
 bim and point It out. AcconltuKiy. the Indian, accempanlad Iv Mr. McKay. 
 Major Farqubar, and Captain Andwnon, want la a eaaaa to tbe Mat of 
 wblcb wa bad aearcbed over ao BMay tlma» and dlraolid attTniioa i« a 9 
 directly off tbe point, among tbe mabaa which ii«f whaii Wam tha 
 lo about 2| feet of water, wbldi ha said ha kaaw la ha tha 
 monunuMit had bean. 
 
 Ity wading, Major rarqnbsr discovwad what w«« la hte a 
 pauying him aaUafactory avldanoas that this waa In deed tha 
 
140 FINAL BEPOBT OP THE INTEENATIOITAL JOINT COMMISSION. 
 
 especially as the description heretofore given proved that It must have been In 
 this Immediate vicinity. There were depressions where portions of two logs 
 had evidently been at right angles with each other, and, In the Included angle, 
 a cavity such as would have been left by the removal of a log, and whence had 
 probably been taken the log before mentioned as having been brought to Ck)lonel 
 Forrest's camp. 
 
 The Indians said that the water surface was, at the time of our visit to the 
 Angle, 8 feet higher than it was at the time the monument was erected, and 
 this statement was partially substantlatetl by the fact that within the linowletlge 
 of the white people living at the Angle, there had been no season in which tlie 
 water had been so high. In the fall of the year. With the water even 4 feet 
 lower this site would have been on " firm ground," as such term would be under- 
 stood in a country low and swampy, llite that In the vicinity of the Angle, and, 
 moreover. In a place very convenient for making the necessary connections with 
 the point marked " observatory " and with the " most northwestern point." 
 
 The protocol was signed in London May 29, 1876, on the comple- 
 tion of the work of the joint commission. The northwest point of 
 the Northwest Angle of the Lake of the Woods is shown on the map 
 facing page 83 of the Reports upon the Survey of the Boundan/^ etc., 
 1878. As already stated, it is a swampy spot, where Minnesota, Mani- 
 toba, and Ontario meet, something less than 2 miles from the place 
 where the Dawson Road formerly led over to Red River. 
 
 The boundary line, which drops due south from the Northwest 
 Angle, cuts off from Canada about 150 square miles of territory, 
 which constitutes a detached fragment of Minnesota. "Thus it 
 happens,'" says Dr. Elliott Coues, " that after more than a century of 
 dispute, arbitration, and survey two nations have in and about the 
 Lake of the Woods that politico-geographical curiosity of a boundary 
 that a glance at the map will show, that no one could have foreseen, 
 and that would be inexplicable without some knowledge of the steps 
 in the process by which it was brought about. Either nation could 
 better have afforded to let the boundary run around the south shore 
 of the lake from the mouth of Rainy River to the point where the 
 shore is intersected by the parallel of 49°." ^ 
 
 By Article V of the boundary treaty signed at Washington April 
 11, 1908, provision was made for the reestablishment and marking 
 of the boundary line between Lake Superior and the northwestern- 
 most point of the Lake of the Woods. Under the provisions of the 
 article O. H. Tittman was appointed commissioner on the part of the 
 United States and Dr. W. F. King on the part of Great Britain.* 
 The same commissioners were charged with the demarcation and 
 marking of the boundary from the Northwest Angle westward. It is 
 expected that the commissioners will complete their work, so far as 
 the Lake of the Woods is concerned, during the season of 1917. 
 
 1 New Light on the Early History of the Greater North-West, I. 26. 
 •Dr. King died in 1916, and has been succeeded by Mr. J, J. McArthur; Dr. 0. H. 
 Tittman has retired and been succeeded by Mr. E. C. Barnard. 
 
IV. — SETTLEMEirr. 
 
 Settlement in the Lake of the Woods and Rainy River district had 
 its beginnings around the old trading posts of the fur companies. 
 The earliest settlement seems to have been in the neighborhood of 
 Fort Frances, of the Hudson's Bay Company, which, it will be re- 
 membered, succeeded La Verendrye's Fort St. Pierre and Rainy Lake 
 House of the North West Company. About the same time settlement 
 began at the lower end of Rainy River, near Hungry Hall, of the 
 Hudson's Bay Company. From these two points, at either end of 
 Rainy River, it spread very gradually up and down the Canadian 
 side. The earliest settlement on the Lake of the Woods appears to 
 have been in the vicinity of the Hudson's Bay Company's post at Rat 
 Portage. A few years later farmers began to take up land on the 
 south shore of the Lake of the Woods and on Rainy River, in the 
 neighborhood of the old trading post of the American Fur Company, 
 where the town of International Falls now stands; on Zippel Bay; 
 and around the mouth of Warrond River, where the same company 
 is believed to have had another trading post 
 
 The oldest living settler in the Lake of the Woods district is Mr. 
 R. J. N. Pither, of Kenora, who came into this part of the countij 
 in a birch-bark canoe in 184G, and has lived there ever since. He was 
 for many years agent of the Hudson's Bay Company at Fort Frances; 
 afterwards agent of the department of Indian affairs of Canada* 
 with headquarters at Pithers Point, near Fort Frances. His hooM 
 for many years stood a few yards from the site of the old Foct 
 St. Pierre. When he first came into the district it was uninhabitad 
 except by Indians and a few fur traders. He has lived to set U 
 developing in every direction, with a number of growing Cowm on 
 either side of the boundary, and railways running east, west, and 
 south; its waters the source of thriving fisheries; its forests and 
 mines adding yearly to the wealth of two ncighl>oring nstions; and 
 its harnessed water powers furnishing the energy for several very 
 important industries. 
 
 Mr. Frank Gardner, of Kenora, one of the earliett nttkit oo tlM 
 Lake of the Woods, furnishes the following particuUrt: 
 
 My first apptaraDce on the Lake of Uie Woods was la g ipHib w, iSVL At 
 thnt time there were no Mttlers on any part of the lake. The tt|i|Nr portloa e( 
 Itniny Ulver oo the Canadian side, tnm the Big rorfcs to Fort Franraik was 
 sparMly wttled. the first men to stttle Hiere coonlnf In aboet 18TS or 1ST4 ta 
 October, 1870. I wttlMl at Kaewatln, oo the north slMre of Lake of the Weeda 
 
 Ul 
 
142 FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 At that time I was the only Inhabitant I did a little trading In furs. Work 
 on the Canadian Pacific Railway In that neighborhood started the following 
 spring, and the village of Keewatln had Its beginning that same summer. Rat 
 Portage, now Kenora, began about 1879 or 1880. The next settlement was at 
 the mouth of the Warroad River, on the American side of the lake, but I do 
 not remember the year. The Grassy River settlement on the east side of the 
 Lalie of the Woods dates from about 1900, and the first settlers on the North- 
 west Angle came In about the same time. 
 
 There is said to have been a small post of the Hudson's Bay Com- 
 pany on the Northwest Angle about 1874 or 1875, somewhere in the 
 neighborhood of old Fort St. Charles. 
 
 Mr. W. A. Johnston credits the first impulse to settlement on the 
 Canadian side to the construction of the Canadian Pacific Railway 
 in 1881 as far as Rat Portage, now Kenora, by which better means 
 of communication with the district were established. "At this time," 
 he says,* "a number of settlers had already entered Rainy River 
 district and had undertaken farming operations at various points 
 along Rainy River; but for the next 10 years the superior features 
 of the, prairies as compared with the densely wooded Rainy River 
 district attracted most of the immigration. In the early nineties 
 many settlers entered the district, coming chiefly from eastern Can- 
 ada, and most of the land along Rainy River, which was naturally 
 drained or could be readily drained, was taken up. The construc- 
 tion of the Canadian Northern Railway through the district in 1901 
 gave still further impetus to immigration and industrial develop- 
 ment and furnished much needed means of communication and 
 transportation facilities." 
 
 Conditions as they were in 1895 have been described by Mr. Archi- 
 bald Blue in his Tour of Inspection in Northwestern Ontario : * 
 
 Settlement on the Ontario side (of Rainy River) extends all the way from 
 Fort Frances to the mouth of the river, exclusive of the Indian reserves, and 
 everywhere the soil appears to be uniformly good — a finely silted clay and 
 clay loam, holding a great number of limestone pebbles. All the farmers with 
 whom I spoke are delighted with the country and its suitability for settlement. 
 The lowland, they say, can easily be drained and crops never fall. 
 
 Mr. Blue's report also affords some information as to the progress 
 of settlement on the United States side of the river : 
 
 A few settlers are coming In on the Minnesota side, and It Is expected that 
 the whole river front will be thrown open this year. Surveying parties and 
 timber agents were busy all last summer (1895) getting the territory ready 
 on behalf of the United States Government, and another Oklahoma rush was 
 confidently expected. 
 
 Mr. Blue adds in a footnote : 
 
 The Red Lake Indian Reservation In Minnesota extends from the mouth of 
 Black River, one of the tributaries of Rainy River, westward to the western 
 
 » Rainy River District, p 6. 
 
 ■Ontario Bureau of Mines Report, 1895, pp. 165, 166. 
 
Plate 29. 
 
 CLEARING HEAVILY TIMBERED LAND. 
 
PINAL KEPOBT OF THE INTEBNATIONAL JOINT COMMISSION. 143 
 
 side of the Lake of the Woods, and contains what is probably the largest body 
 of virgin pine left standing within the bounds of the United States. A Urse 
 amount of this forest Ls included in the part of the reserratioo to be thrown 
 open for settlement It will not, however, be taken up by settlers, but will be 
 sold at auction. The minimum price of the stumpage is placed at 18 per 
 thousand feet. The reservation was thrown open on the 15th of May of the 
 present year (1896). 
 
 At the various hearings some fragmentary information was ob- 
 tained as to the first settlements around the Lake of the Woods. Mr. 
 W. M. Zippel stated at the 1912 hearings that he had first settled at 
 Rat Portage in 1884. Three years later he crossed over to the sooth 
 shore and made a home at the mouth of a creek, since known as 
 Zippel Creek. The village that has grown up at this place is also 
 named after Mr. Zippel. 
 
 At the 1915 hearing in Warroad, Mr. Alonzo Wheeler stated that 
 he had settled at the mouth of Rainy River, on the Minnesota side, in 
 1885, and has lived there ever since. The land was then part of an 
 Indian reservation and had not yet been opened for settlement The 
 place is now known as Wheelers Point. 
 
 At the same hearing Mr. Bernard A. Amesen testified that he 
 had settled at what was then known as Rocky Point, on the 
 shore of the Lake of the Woods, in 1897. The village that bei 
 grown about his place is known as Amesen. 
 
 Dr. Lawrence Parker, health officer for the township and iriHiigB 
 of Warroad, stated that he took up his homestead on Warroad RifW 
 in 1895. The Indians were still in the neighborhood ; the land bad 
 not yet been opened up for settlement He squatted there with hit 
 family. Dr. Parker mentions that there med to be • mall tnuttaf 
 post at the mouth of Warroad River in the early days. 
 
 Mr. Helec Clementson, who also testified at Warroad, told the 
 commission that he had a farm at the mouth of Rapid Hirer, a tribv- 
 tary of Rainy River on the United States tide, and that he had flnl 
 settled there in May, 1896. 
 
 At the Kenora hearing in 1915, Mr. Frank T. Hooper iliiled that be 
 had settled there in 1875 and hnd been engafed in tlie dUpping bad- 
 ness on the Lake of the Woods since that year. 
 
 In regard to the east shore of the Lake of the Woods, Mr. Mai* 
 oolm McRitchie testified at the Kenora hearing, 1915, that he had «i- 
 tled at Rat Portage in 1888 and had been engaged in the boat bori- 
 nesi since 1888. He stated that there was a ^^^tiderable ssttknaBl 
 at Grassy River, on the east shore, engaged in farming and lumber- 
 ing; that, in fact, settlements extended for 85 miles along Che eaA 
 shore. 
 
 Mr. Donald IT. Currie at the Kenora hearing, 1916, gave the con* 
 mission the following information in regard to that town: Kenora 
 was incorporated as a town in 1904. There had prarloo^y be«i tbrae 
 iwm-vt — ^10 
 
144 PINAL EEPOBT OF THE INTEBNATIONAL JOINT COMMISSION. 
 
 separate settlements near the outlets of the Lake of the Woods known 
 as Keewatin, Norman, and Rat Portage. The name " Kenora " was 
 obtained by taking the first two letters of the three places. The per- 
 manent population of the town is about 6,500, to which are added 
 about 3,000 tourists and summer cottagers during the summer months. 
 The total assessment of property in the town is about $3,300,000. 
 Keewatin is a separate incorporated town near Kenora. The indus- 
 tries in the two towns are valued at $3,000,000. 
 
 Sandford Fleming, in his " Old to New Westminster," describes Rat 
 Portage as it was in 1883, " Rat Portage," he says, " is beginning to 
 be an important place. * * * Four large sawmills have been con- 
 structed here, and immense quantities of lumber have been dis- 
 patched to Winnipeg and the country beyond. At present Rat 
 Portage is the watering place for the city of Winnipeg. Gold min- 
 ing has been commenced. * * * Many explorers are engaged in 
 examining the rocky ledges which crop out on the shore and are ex- 
 posed on the numerous islands of the Lake of the Woods." 
 
 Warroad, Minnesota, was incorporated as a village November 9, 
 1901. At the Warroad hearings in 1915 some particulars were put in 
 evidence as to the place. The population is now about 1,500. It was 
 933 in the census of 1910. The taxable valuation of real and personal 
 property is $240,000. Warroad has two banks, with capital stock 
 respectively of $15,000 and $20,000. It is on the main line of the 
 Canadian Northern Railway, and the terminus of a branch of the 
 Great Northern Railway. The town possesses its own municipal 
 electric light plant, water works and sewerage system. Its bonded 
 indebtedness is $37,500. 
 
 At the hearing at International Falls in 1915, it was stated that the 
 population of Fort Frances, Ontario, is from 3,000 to 3,500. It con- 
 tains a number of industries, including large pulp and paper mills. 
 Pithers Point has recently been handed over to the town by the Gov- 
 ernment of Ontario as a municipal park. Fort Frances was incor- 
 porated as a town in 1903. 
 
 No information was furnished at the hearings in regard to the 
 town of International Falls. From other sources it appears that it 
 was incorporated as a village in 1912, its first settlement dating back 
 about 25 years. Until a few years ago it was known as Koochiching, 
 the name later applied to the township and county in which Inter- 
 national Falls lies. Large pulp and paper mills are also located here. 
 
 Other smaller communities on the United States side are Swift, 
 Arnesen, Lude, Concord, Zippel, all on the Lake of the Woods ; and 
 Baudette, Spooner, Clementson, Central, Border, Frontier, Birch- 
 dale, Manitou, Indus, Loman, Laurel, Pelland, and Ranier, on Rainy 
 River — the last named being situated at the point where the river 
 emerges from Rainy Lake. On the Canadian side of Rainy River are 
 
PINAL BEPOET OP THE INTERNATIONAL JOINT COMMISSION. 145 
 
 » 
 
 Bainy River, Rapid River, Sleemans, Pinewood, Stratton, Boucher- 
 ville, Barwick, Emo, Aylesworth, Big Fork, and Roddick. 
 
 Of the land area in the Lake of the Woods region, about 8,500 
 square miles, or 37 per cent of the total, consists of arable or semi- 
 arable land, most of it, however, requiring drainage. A very small 
 proportion of the total area, consisting mainly of narrow strips 
 along the lakes and rivers, is under cultivation. There is reason to 
 anticipate, however, that much more extensive areas will in time be 
 brought under cultivation. A large part of the most fertile land of 
 America was once covered with forests. Most land that can support 
 heavy growths of deciduous and coniferous trees can also support 
 big crops of other kinds, if properly prepared. 
 
 The conditions met in clearing lands for cultivation, and the 
 methods feasible in northern Minnesota, have been discussed by A. J. 
 McGuire in Bulletin 134 of the Agriculture Experiment Station, 
 University of Minnesota. Reference may also be made to Bulletin 
 No. 163 of the same department, containing a report by M. J. Thomp- 
 son on " Investigations in cost and methods of clearing lands." 
 
 In spite of the physical and other difficulties, the comparatively low 
 price of uncleare<l lands in this region has induced many settlers to 
 locate here and gradually transform their holdings into pro^Mrous 
 fanna Log cabins or small frame houses surrounded by clMred 
 patches along the railways, navigable streams, or main roMk» nuurk 
 the beginnings of agricultural comnmnities. The piles of tiM, pokti 
 post.s, and cordwoo<i at every railway siding indicate the extent to 
 which the by-products of land clearings are placed upon the markai. 
 
 In the older communities the diniciiltioB attendant m\kh\ settleinent 
 in a forested region are not now apparent liordering upoo the 
 south shore of the Lake of the Woods, and Uie Canadian bank oi 
 Rainy River, are farms which, with their open meedowa, gvovet, 
 and well-kept buildings coiupare favorably with any otlier agrienl* 
 tural n^gion of the same latitude. The soil is of laciuitriue origin 
 enriched by the humus formed through otMtturios of foraat growth. 
 In certain Im-alities, deposits of a subetanoe reaenbling marl are 
 found. The small graiuK yield well where grown, but the actvage it 
 not sufficient to aggregate any large total pnxluction. The aoil ia 
 beat fitted for the growth of forage and root crops. The hmd pro- 
 duces clover abundantly. All root cropa, partictilarly potatoea, car* 
 rota, rutabagaa, and mangels are productiTe. On page 47 of the 
 Warroed heerings, September, 1915, Mr. A. Bl Landby aUled that 
 from 8 acres he had harvested 600 bnahels of potUoea. Although 
 not primarily n com country, the early varieties and fbddar 
 have been succewifully raised in the Lake of the Woods 
 
146 FINAL REPOBT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 The growth of fruit trees here is still in an experimental stage, 
 although the bush fruits do very well. 
 
 These forested lands are exceptionally well fitted for dairy farming 
 and stockraising. After clearing from standing timber and brush, 
 excellent pasturage may be provided by seeding down with tame hay, 
 alsike, or clover. By pasturing in this way for several years the 
 stumps and roots become rotten and are removed with much less 
 labor. For these' lands the agricultural experimental stations advise 
 the feeding of the general crops on the farm and the marketing of 
 dairy products and stock. By this system the immediate clearing of 
 a large area for crop production becomes unnecessary. 
 
 In tlie swamps tributary to the Lake of the Woods are large 
 areas of peat lands. The manner in which such lands may be profit- 
 ably utilized has been the subject of much investigation at home and 
 abroad. It has been found that peat soils will produce satisfactory 
 crops of forage plants, small gi-ains, and ordinary vegetables when 
 suitable drainage, cultivation, and proper fertilization are employed, 
 «nd when climatic conditions are favorable. Professor E. J. Alway ^ 
 discusses very fully the profitable use of these peat lands, and in 
 his experimental work relating to peat soils has taken samples in 
 the Minnesota portion of the Lake of the Woods watershed, at prac- 
 tically all points touched by railways. Relative to the peat soils 
 in general, he states that all are lacking in potash but are well 
 supplied with nitrogen, and that the majority lack phosphates. In 
 regard to the northern edge of Minnesota, he states that the peat 
 soils may generally be depended upon as being of a good character, 
 well supplied with lime. His investigations have shown the large 
 bogs to be particularly well supplied with lime, while the small ones 
 are deficient or commonly termed " sour." 
 
 When the peat is from 1 to 2 feet thick it may be farmed as ordi- 
 nary soil. When deeper than 3 feet it is known as deep peat and 
 must be cultivated and fertilized by proper methods. In certain 
 localities depths of peat up to 12 feet have been obtained. The utili- 
 zation of peat as a fuel in the Lake of the Woods region is not, 
 however, at present practicable on account of lack of market and 
 competition with coal. 
 
 The problems of drainage, roads, and settlement in the Lake of the 
 Woods region are so interrelated that no one of them can be fully 
 discussed without a reference to the other two. Settlement without 
 drainage and passable roads can only take place along the high banks 
 of the streams where for several miles back there is a firm dry sub- 
 soil. Drainage is not warranted unless there is a sufficient demand 
 from actual or prospective settlers. Roads can not be constructed 
 
 ^ Chief, division of soils, Agrlcultiiral Experiment Station, University of Minnesota. 
 
PINAL EEPOKT OP THE INTERNATIONAL JOINT COMMISSION. 147 
 
 unless means of draining them can be provided at the same time. 
 Drainage is perhaps of primary importance, since now no ditch, in 
 northern Minnesota, at least, is permitted without the formation of 
 a road embankment from one of the spoil banks. 
 
 Tributary to the Lake of the Woods and Rainy River there are 
 approximately 3,000 square miles of swamp land. This area is now 
 or in the future will be artificially drained directly or indirectly 
 into the Lake of the Woods. For administration purposes the 
 drainage ditches of Minnesota are divided into three classes, namely, 
 state, judicial, and county ditches. At the present time only judicial 
 and county ditches drain directly into the Lake of the Woods. There 
 are several state ditches on the watershed which drain indirecti}* 
 into the lake through its tributary streams. The construction of a 
 state ditch is under the supervision of the State Drainage Commis- 
 sion and in accordance with the state drainage laws. 
 
 County ditches are built under the supervision of the county 
 commissioners of the county wherein they are located. Judicial 
 ditches are built under the jurisdiction- of the judge of the district 
 court, and may or may not be entirely within one county. 
 
 Under the Volstead federal drainage law all unentered federal 
 lands and entered federal lands for which no final certificate has 
 been issued are subject to the laws of the state relating to the drain- 
 age of swamp or overflowed lands, the same as privately owned lands. 
 Both state and federal owned lands arc benefited by the various 
 drainage systems of Minnesota. In homesteading drained federal 
 land the settler assumes the ditch assessment in addition to niMCuig 
 the homestead requirements. State lands are sold at niH'tiun. 
 
 The operation of the ditch system of northern Minnesota is not 
 adversely affected by any particular level of the Lake of the Woods. 
 In the final hearings, 1916, pages 874-375, Colonel l£asoD M. Patrick 
 well stated the effect of any given level of a body of water u|)on a 
 ditch which enters it on the gradient of the surrounding shore. Us 
 said : 
 
 Aa I undcrstund, the queittlona ttavc btvii (llrectod to th«M wUmmm* to 
 oacertflln what would hv tlic ofToct tiintn tito HyHtem of drnlimco ditrhoa If the 
 level of the l>«Nly of water Into widtii they ultimately drain atumld b* placed 
 at any imrthiihir elevation, and na to where the alUlns would takv place la 
 the ditchea, and what ItM effwt would lie. 
 
 On the ayateni Bf«uernlly, I think. It Koee without Murtmc that wheiwer a 
 •troam of water, whether fnun a nnturnt chaanel or from a ditch, entafsqnlel 
 water. If the flowing xtrenn) lH>nn( ntntter In auipenslon It will be dtpoalla^ 
 and that depoult will tMvtjr to a Bn«ater or \tm extent. ile|tenttlng vpoa the 
 amount of auatiendiMl matter. If the bottom of the ditrh la placed at a par* 
 tUMilnr elevation, and with the aaaumptlon that the bed of ihe atlll-wator lako 
 Into which the ditch Howa haa quit* a lengthy alope— that. I do noC IhH*. ww 
 quite brought out by the wltPiwea hero— the depodt will take place larfti/ la 
 
148 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 the still water first, and, as that builds up and checks the flow In the ditch or 
 stream, that will go back until it reaches a point where the fall is sufficient 
 for the water to carry the material farther ; but, if the level of the lake itself 
 Is raised to any extent whatever, It is merely the transferring of that point 
 of emergence of the flowing stream from one position on the border of the lake 
 at a certain level to another position farther back, and the same state of affairs 
 exists. 
 
 Mr. Powell, Assuming you are following it up from the mouth of the 
 ditch, and you have the level of the bed of the ditch 3 feet above the level of 
 the lake, you start In on the level of the lake and you follow your ditch till 
 the grade carries you 3 feet high ; about that point all possible Injury to the 
 system above would cease? 
 
 Colonel Patkick. I think you can say that, to the lands lying about that water 
 It would be no detriment — any silting that would take place. 
 
 Mr. Powell. In estimating the damage that would be done to the drainage 
 system, you would confine yourself to that point — whether it be three or four 
 feet or two feet and n half — you would confine yourself to the lowlands be- 
 tween the margin of the lake and that point; that is the only Injury that 
 would be done? 
 
 CJolonel Patrick. I would like to answer it In this way : That in estimating the 
 damage that would be done to the drainage system, I would consider nil dam- 
 age that was done, but In general terms I would be Inclined to believe there 
 would be no damage above that point and all the damage would be to the 
 low-lying land. 
 
 Mr. Powell. Taking into account the damage to the drainage system, you 
 would not consider anything above that system? 
 
 Colonel Patrick. I would not consider It necessary to do so. 
 
 The following table gives the drainage statistics relating to county 
 and judicial ditches in northern Minnesota, as presented in the 1918 
 report of the State Drainage Commission : 
 
 County. 
 
 Ditches com- 
 pleted or 
 ander con- 
 struction. 
 
 Average price 
 
 paid con- 
 tractors per 
 cubic yard. 
 
 Average cost 
 
 per acre for 
 
 land benefited. 
 
 Beltrami 
 
 Koocliicbing 
 Rcaeau 
 
 ifUfi. 
 
 463 
 
 85 
 147 
 
 10.14 
 .25 
 .14 
 
 $L89 
 1.09 
 1.31 
 
 Since 1913 the number of drainage projects has increased rapidly, 
 so that the number of miles now completed and under construction 
 would greatly exceed the figures given above. 
 
 There is at the present time a network of ditch roads in the north- 
 ern portions of Beltrami and Koochiching Counties. Similar work 
 is being undertaken on the Canadian side of the boundary. These 
 highways are sometimes impassable for lack of bridges or during wet 
 seasons, but they are being extended and improved each year. In the 
 sparsely settled portions of Minnesota the Elwell road law has been 
 of material assistance. In the practical working out of this law a 
 
Plats 30. 
 
 DRAINAUK lUTlU tiUtTll 
 
PINAL BEPOET OP THE INTEBNATIONAL JOINT COMMISSION. 149 
 
 county is empowered to anticipate the state road and bridge fund 
 which will become available in the future. By issuing bonds, one- 
 half of which are backed up by future state appropriations, one- 
 quarter by assessments upon benefited lands, and oiM*-quarter by the 
 county at large, these counties have undertaken a considerable amount 
 of highway construction. In Koochiching County alone, entirely 
 aside from the ditch roads, 165 miles of road have been conalnictod 
 in accordance with the Elwell law, under the general supervision of 
 the state highway commission. 
 
 One of the most serious problems facing the highway engineer in 
 the Lake of the Woods watershed is drainage. The drainage chan- 
 nels provided for the main roads may be sufficient for them alone* 
 but when the surface water from miles of tributary township roads 
 is at a later date led into them, these channels will prove entirely 
 inadequate. Instead of charging the main road up with a drainage 
 project, the water should be led away from it as much as poasible 
 through other channels, so as to allow its siibgrade to l>e<*onie dry and 
 firm. Very satisfactory roads may be constructed through peat bogs 
 when these bogs are thoroughly drained. The peat embankment is 
 usually surfaced with a covering of sandy loam or gravel, which 
 gives a firm, stable roadway. In certain localities considerable ilif- 
 ficulty is encountered in surfacing clay subgrades on account of the 
 surfacing material mixing with the clay. 
 
 Although traversed or skirtrd by all three of the great Canadian 
 transcontinental niilways and connected by brunches with the .Vmer- 
 lean trunk lines, the I^akc of the Woods region, broken up by a nei- 
 work of lakes aiul rivers, is still dependent to a considerable exISBl 
 on water transportation, particularly in the mon* irniote di.itncts* 
 
 Of the st^veral railways, the Canadian Pacific was first construded. 
 That portion of the main line between F'ort William and Wiimipeft 
 was completed in 1HH2, and has recently been doubletmckwl. Tlie 
 Canadian Pacific runs north of the watersluHl for the n\wt part, but 
 touches the I^ike of the W(mm1s at Kenora. The (^anadian Northern 
 was coniplete<l from Port .\r(htu- to Winnipeg in 1901. It rVM 
 through the heart of the Lake of the Woods regioiu croaillf lUioj 
 Lake to Fort Frances, thence along the north bank of Rainy 
 River to the town of Rainy River, wheri' it crowtw into Mtnnevols 
 and around the south shoiv of the I^ake of the W<kh1!* to Wnrroad. A 
 few miles northwest of that town it again rrtwMW the intcnialional 
 boundary on its way to Winnipeg. The National TmiMictinlinenlal 
 lies altogether outside the Lake of the Woo<ls waterKlietl. but ihe 
 main line cnwses the Winnipt'g River at Minnki. ami luuall rfeaa* 
 boats connect Minaki with Kenora. The main line runs from Wis- 
 
150 FINAL EEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 nipeg to Superior Junction, and a branch from there to Fort Wil- 
 liam. This portion of the National Transcontinental was completed 
 in 1909. 
 
 On the United States side of the watershed a branch of the Great 
 Northern system, built in 1908, connects Warroad with Minneapolis; 
 from International Falls the Minnesota & International Railway, 
 built in 1907, and controlled by the Northern Pacific, runs to Bemidji 
 on the Great Northern; and the Duluth, Rainy Lake & Winnipeg 
 Railway, built in 1907, now owned and operated by the Canadian 
 Northern, connects International Falls with Duluth and Chicago. 
 
v.— WATER STTPPLY AND SANITATION. 
 
 Among the purposes mentioned in the ofRcial reference are domes- 
 tic and sanitary purposes. In considering the effect of regulating 
 the level of the lake it was learned that on account of the low ele- 
 vation of the ground on which the town of Warroad stands any 
 increase in the level would seriously affect the sewerage and water- 
 supply systems of the town. With a view to having an authoritative 
 statement as to the situation at Warroad, the commission authorized 
 its consulting engineers to employ a sanitary engineer, Mr. L. P. 
 Wolff, of St. Paul, Minnesota, to make a complete examination on the 
 ground and report to the commission. Mr. Wolff's report is printed 
 in the 1916 hearings. There will also be found in the same volume 
 two reports of the Minnesota State Board of Health, the first on 
 sewerage and drainage at Warroad and the second on the Warroad 
 water supply. At the various hearings testimony was also obtained 
 from several witnesses on the same questions. The 1915 hearings 
 also contain a certain amount of evidence as to the pollution of Rainy 
 River by refuse from the paper mills at International Falls. This 
 evidence will bo found at pages 311, 81&-d20, and 326-^28 of the 1915 
 hearings. 
 
 In regard to the Warroad situation, it may be explmined that the 
 town is located on the southwest shore of the Lake of tlie Wooda, at 
 the mouth of the Warroad River. The businesB portion of the town 
 lies to the north of the river and is built upon ground which has a 
 natural elevation of from 1,066 to 1,068 feet above tea levaL Tha 
 residence district is located on both banks, and practically all build* 
 ings are above an elevation of 1,068 sea-level datum. The Warroad 
 Sheet (No. 10) of the south-shore surveys, which appean in tha 
 Atlas accompanying the Report of theConmiltingEnginetrtigivstthe 
 essential topographic details of its location. From thia dieet it will 
 1)0 noticed that back from the north bank of the Warroad River, east 
 of the ruilwny tracks, there is a gradual slope northeasterly to the 
 lako. The entire remaining portion of the town drains directly into 
 the river. 
 
 Excavations and well borings imlioato that the subsoil fortnntiou 
 consists of clay to a considerable depth. With a donso clay such r^ 
 is found here, and a ground surface from 4 to G foot above the general 
 water level, the elevation of the groimd water at a distance from tha 
 shore, say up to several blocks, undoubtedly is dependent both on 
 
 in 
 
152 FINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 the prevailing lake level and on the degree of saturation of the soil 
 from rains. On the date of the investigation by the State Board of 
 Health water was found standing in the undrained cellar of the 
 State Bank Building, at an elevation of 1,063.25. The lake level on 
 that date was 1,060.3. In another basement, which was drained, the 
 water stood 0.6 feet below the floor, at an elevation of 1,062.5. 
 
 In 1914 10-inch sanitary sewers were constructed to serve the busi- 
 ness district, and some of the business houses have been connected to 
 Ihem. This sewer empties into Warroad River, as should all future 
 sewers, on account of the proximity and better protection from ice 
 and waves. The sewage from this system passes through a settling 
 tank in which the coarser suspended material is deposited, the efflu- 
 ent passing into a receiving well, from which it is discharged by an 
 ejector through the outlet pipe into the river. The elevation of the 
 invert of the inlet pipe entering the settling tank is 1058, and of the 
 invert of the outlet pipe is 1062.6. Relative to additional sewage dis- 
 posal into the river the following statement is made in the report of 
 Mr. J. A. Childs, engineer for the Minnesota State Board of Health, 
 on " Sewerage and Drainage at Warroad " :^ 
 
 In addition to the municipal sewer systrni, several of the residences and 
 other buildings on l)oth sides of the river are provided with private drains and 
 sewers discharpinp into the river. Tlie municipal water and light plant is 
 provided with a private sewer with an outlet into the Warroad River beneath 
 the Warroad wharf. The public school, district No. 12, Roseau CJounty, is 
 provided with a system which discharges into the Warroad River west of State 
 Street. The sewage from botli the water and light plant and the school build- 
 ing is passecl through septic tanks. * ♦ • 
 
 In his report to the consulting engineers of the commission ^ on 
 the sewage-disposal problem at Warroad, Mr. Wolff stated that in 
 the business district the depth of the main sanitary sewers should 
 not be less than 9.5 feet below the sidewalk grade, and that in resi- 
 dence districts not less than about 6.5 feet below the street grade. 
 These limitations, as Mr. Wolff has stated, would give a free dis- 
 charge for all untreated sewage at lake elevations of less than 1058 
 sea-level datum, the elevation of the pipe, which at present dis- 
 charges the raw sewage into the settling tank. Should the present 
 or any other treatment of the sewage be prescribed the elevation of 
 the final outlet would, without a lift, necessarily be considerably 
 lower than 1058. 
 
 From Plate 125, volume of Plates, Report of Consulting Engineers, 
 it is evident that under natural conditions during the past 23 years 
 the level of the Lake of the Woods would have been above 1058 for 
 25 per cent of the time. In a state of nature, without treating the 
 
 1 Lake of the Woods Hearings, 1916, p. 303. 
 •Idem, p. 297. 
 
Plate 31. 
 
 -a 
 
 ^'\ 
 
 
 ^^^ 
 
 
 pO 
 
 ^pi^" 
 
 ii 
 
 WAUHUAD. 
 
FINAL KEPORT OF THE INTEENATIONAL JOINT COMMISSION. 153 
 
 sewage, a lift of varying heads would have been required for one- 
 quarter of the time. If the sewage were treated, the operation of a 
 lift would have been required in a state of nature from 70 to 80 
 per cent of the time. During the period from 1893 to 1915, the 
 natural levels would have varied within the extreme limits from 
 1053 to 1061. Within a longer period, the range extended from about 
 1051 to 1062.5. 
 
 In order to avoid the lifting of, large quantities of storm water 
 through the sanitary sewer outlets, Mr. Wolff recommends the con- 
 struction of a separate storm-water sewer for the business district 
 and a system of surface gutters and ditches, following the surface of 
 the ground, for the residence district. The elevation of the invert 
 of the outlet of the storm sewer would be at about elevation 1062, 
 consequently not requiring a lift. 
 
 On account of the relatively impervious character of the clay sub- 
 soil, drainage of basements to prevent seepage would be necessary 
 under natural conditions as well as under conditions which actually 
 have existed during the past 23 years. As stated before, the level of 
 the ground water is due not only to the lake level but to the precipi- 
 tation and the upward pressure from underground sources, which 
 results in the flowing wells of this locality. In his report Mr. Wolff 
 has recommended the following solution for the basement-drainage 
 problem : 
 
 III order to prevent s(>i>|)ii;;f> of ;;roun«] wiitor Into baseOMOUii all bMMNBti 
 Hhould be underdraineil by i>lticlng a liiyrr of m-nvei or oCher pofO W BMIIirtal 
 undrr the bam>nieiit Ibwir and layliiK two or iiiort> lin<>s of drain UlM Mtibtddcd 
 lit the Kravel. Tlie drain tllit4 Mhould dlN<-hnri:« lulu ii kiiuiII baatll, frooi which 
 the water Hhoultl dlwharKe IhrouKh u trap and tmrk-water valve Into the howe 
 coiiiKTtlon to the xewer. TIiIn provision for the renaivnl of ground walar It 
 iiiiKle necessary primarily on acntunt of the lurk of ^urfu(x> dralniisv and the 
 character of the hoII, and should be luado regardlucw of wbetticr anj rcgulatkio 
 of lake levels Is adoi>ted or not. 
 
 The result, then, of a i*egulnted level higher than the natunU 
 level would be to increa.sc the average lift ami to a small extent the 
 volume of sewage at the sower outlets; also, p<M«iibIy, to caOM 06r- 
 (ail) private parties not reached by the (M*\ver tu inatail and opento 
 small lifts of some nature. As far ai« the sanitary qUMtioo alone b 
 concerned, any additional installation or o|>«niting coat niinaMJtalail 
 by a given system of regulation, «ner and alwvc that required under 
 natural conditions. w«)uld U^ proi>erly chargeable to the project. 
 
 A general system for futuri» sanitary scwere covering the entire 
 business and residence districts of Warroad has bean ootlined in the 
 liefore-mentioned report. Any adilitional cost upon future addi- 
 tions due to a proptKstMl syst^Mu of regulation would be a)x>ut propor- 
 tional to that fotmd for the existing sytttem. Assuming a populatioa 
 
154 PINAL BEPOET OP THE INTEBNATIONAL JOINT COMMISSION. 
 
 of 1,600 and various ordinary maximum levels, the cost of pumping 
 is shown in the following table : 
 
 Lake level. 
 
 Discharge 
 per day.> 
 
 Kilowatt 
 hoars per 
 annum. 
 
 Cost of 
 
 power per 
 
 annum. 
 
 Natural 
 
 Ordinary maximum 1,060.0 
 Ordinary maximum 1,061.0 
 Ordinary maximum 1,062.0 
 
 OcUoru. 
 200,000 
 200,000 
 220,000 
 240.000 
 
 8,288 
 8,g70 
 10,636 
 12,432 
 
 $331.62 
 3fi9.16 
 426.44 
 497.28 
 
 I The dlscharn is based upon about 60 gallons per capita per day and a ground-water flow increasing 
 ttom 100,000 gallons per day at the natural and 1,060 elevation to 140,000 gallons per day at the 1,062 eleva- 
 tloo. 
 
 The cost figures given in the above table are based upon the replacing 
 of the present inefficient ejector by a centrifugal pump directly con- 
 nected to a vertical motor. The details relating to the present and 
 recommended lift are presented in Mr. Wolff's report. 
 
 In conclusion the report states : 
 
 First On account of the topography and character of the soil the construc- 
 tion of modern buildings with Huitable basements will require the installation 
 of an adequate system of sewers and the underdraining of basement floors. 
 
 Second. The separate system of sewerage should be adopted, sanitary sewers 
 being provided on all streets, and separate storm-water sewers in the business 
 district, the storm water in other districts being removed by means of open 
 gutters and ditches. 
 
 Third. The existing sewers cover only the business district, including Main 
 and Wabasha Streets between Lake and McKenzie Streets, and Lake and 
 McKenzie Streets between Main and Wabasha Streets. 
 
 Fourth. The cost of construction of the new sewers west of the railroad, both 
 north and south of the river, will not be appreciably affected by either of the 
 methods of regulating the lake levels considered. 
 
 Fifth. The cost of operation and maintenance of the existing sewers will be 
 increased by regulation $70 to $150 per annum, and the cost of operation and 
 maintenance of the new sewers Indicated on the map In each of the districts 
 west of the railroad would be increased the same amount. 
 
 Sixth. The cost of constructing the 2 miles of new sanitary sewers east of the 
 railroad, indicated on the map, would not be materially increased by regulation. 
 
 Seventh. The cost of operating and maintaining these sewers will be Increased 
 from $331, with natural lake level, to a maximum of $497, with ordinary 
 maximum at elevation of 1,062.0. 
 
 Eighth. Finally, in the determination of a desirable lake level, from the 
 viewpoint of the village of Warroad, will depend largely upon the extent to 
 which the surface may be flooded by extreme high water, rather than upon the 
 cost of Installing and operating a system of sewerage. 
 
 The report of the Minnesota State Board of Health on the public 
 water supply of Warroad has stated the general conditions as 
 follows : 
 
 The public water supply of Warroad is obtained from the Warroad River, 
 approximately half a mile from the point where the river enters the Lake 
 of the Woods. The intake through which the water is pumped extends a 
 
FINAL EEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 155 
 
 distance of about 3 feet into the river from tlie river side of the manldpal 
 wharf. The intalie consists of a 10-Inch corrugated culvert, provided with 
 a screen, through which the water flows into an intake well located approx- 
 mately 16 feet from the shore line. 
 
 The pumps, a detailed description of which is given in the above 
 report, are motor driven, the current being furnished by the mu- 
 nicipal lighting plant. 
 
 In regard to water consumption and the sanitary aspect of the 
 supply, the report goes on to state : 
 
 The water is pumped Into the distribution system and Into a 40,000-Kallon 
 elevated steel tank located on a 90-foot steel tower. The distribution system 
 consists of approximately 3,700 to 4,000 feet of water mains. The water \a 
 supplied to 14 customers, including the Canadian Northern Railway. The 
 present pumpage is approximately 120,000 gallons per 24 hoars. Of this 
 amount the Canadian Northern Railway consumes approximately 80,000 
 gallons. About 30,000 gallons per day are needed to operate the municipal 
 sewage lift. 
 
 The sanitary aspect of this supply is exceedingly poor. The Warroad 
 River is known to be polluted. A sewer carrying the drainage from the 
 pumping station and electric-light plant, in which a water-closet Is located. 
 discharges into the river at a point approximately 20 feet above the water- 
 works intake. 
 
 The outlet of the municipal sewer system Is located about 200 fdet above the 
 Intake, on the same side of the river. Farther upstream, on tbe aame tide. 
 Is the outlet of the school house sewer. It Is stated that water from the 
 public supply Is not used for drinking (lunmsesw However. It Is supplied to 
 the lavatories in the public school bulldtnKS, district No. 12, Roeeaa Ooonty. 
 and to the Warroad Hotel. Small children, not reell&Inx tbe danger, iHiy 
 drink this water at the Hch<N)l. as may also guests at the Warroad Hotel. 
 
 There are three privately owned wells in Warroadf from which, 
 in general, the public obtain their supply of drinking water. On* 
 well, which is of the flowing type, has a depth of 110 feet TIm 
 second, in which the water ri.ses even with the surface of the ground, 
 is 140 feet deep. The third is a shallow well of 20 feet depth. TIm 
 field investigations of the Board of Health indicated that these 
 wells, on account of faulty construction at the surface, were open 
 to possible contamination. A more permanent oonorete lurftMe 
 construction was recommended. 
 
 As to the attempts to obtain a municipal supply from underground 
 ■ouroes, the following is quoted : 
 
 Attempt* have been made to secure a niunU'livil water supply from aa 
 underground source. Two O-iiioh wells have b<HM) drilled a tbort diataoce 
 ■outh of the pumping Htntlon. The Aret of tbeoe well* was oooetracted In 1013. 
 and la suted to be ino f(H>t In depth. The formatlona encoontarad In drllllnf 
 thia well were clay, 28 feet, and the bnlnnce water>bearlng qoldtaaiML Tlie 
 second of these wells, i<icnted apprt>ximni«ly 12 fset firoa Cha flret, waa eoii> 
 structed lo 11)14, and Is stated to be 851 faet In depth. The fbrmatloM an- 
 countered In drilling this well were aa foUowa: OUy, St taC; welai litailai 
 qulckaand. 187 fevt ; water-bearing floe white quarta aaad, 40 flieC ; llgnlted coal. 
 
156 PINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 12 feet; white quartz sand, 27 feet; blue clay, 12 feet, to the bottom of the 
 well. The water In each of these wells rises to the surface of the ground. 
 Trouble was experienced on account of the filling of the wells with quiclisand. 
 On account of the financial conditions of the village no serious attempt has 
 been made to develop the wells. 
 
 Relative to the effect of any proposed system of regulation of the 
 levels of the Lake of the Woods, upon the operation and quality 
 of any private or public water supply, the report, in conclusion, 
 states : 
 
 1. The field Investigation and analytical results indicate tlie water obtained 
 from the Warroad River to be unsafe for public consumption. They also 
 indicate that a safe water supply can be obtained from underground sources. 
 
 2. The maintenance of any of the proposed controlled or regulated levels in 
 the Lalce of tlie WoimIs, in the opiidon of this division, will have no appreciable 
 effect on the oi)erution and maintenance of any of the public or private water 
 supplies or on the sanitary quality of the water. * • ♦ 
 
 Because of its relation to the question of the Lake of the Woods 
 levels, something may be properly said here in regard to the appli- 
 cation of the Greater Winnipeg Water District for approval of the 
 use of the waters of Shoal Lake for domestic and sanitary pur- 
 poses. This application was filed with the commission on Sep- 
 tember 8, 1913. On January 13 and 14, 1914, hearings were held 
 at Washington, at which the witnesses and counsel for all the inter- 
 ested parties were heard. The commission, on January 14, 1914, 
 decided unanimously to grant the application, subject to the fol- 
 lowing amongst other conditions: 
 
 Tliat the water so to l)e diverted from Shoal Lake and from the Lake of 
 the Woods be not used for other than domestic and sanitary purposes; that 
 the present approval and permission shall in no way Interfere with or preju- 
 dice the rights, if any, of any person, corporation, or municipality to damages 
 or compensation for any Injuries due In whole or In part to the diversion 
 po-mitted and approved of; and that the quantity of water so taken and 
 diverted shall never at any time exceed 100,000,000 gallons per day : And pro- 
 vided further, That the present permission and order shall not be invoked or re- 
 lied upon In any manner against the recommendations or report to be made by 
 the commission on the reference to it, respecting the levels of the Lake of 
 the Woods, and shall in no way interfere with the action of the commission 
 in that regard. 
 
 The project of constructing an aqueduct from Indian Bay, Shoal 
 Lake, to the city of Winnipeg was immediately undertaken. The 
 sill of the aqueduct was placed at 1,050.82 sea-level datum, allow- 
 ing a flow of 85,000,000 imperial gallons daily at a minimum lake 
 stage of 1,058.19. 
 
 Shoal Lake, as a reference to the Atlas will show, is separated 
 from the western shore of the Lake of the Woods by an irregular 
 peninsula. Its outlet into Ptarmigan Bay of the Lake of the Woods 
 is through the Upper and Lower Ash Rapids, which are separated by 
 
Plats 33: 
 
 a, URKATKU WlNNli'Kii WATKIt TKuJIUT. 
 
 k, tnOAL LAIUI BND Or CONDUIT. 
 
'4 
 
PINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 157 
 
 Locke Lake, a small body of water approximately 1,600 feet long. 
 These rapids were a considerable hindrance to navigation, which, 
 it is imderstood, was fairly active following the opening up of 
 mining properties around Shoal Lake. At the present time there 
 is still standing in the channel a pier by means of which at cer- 
 tain water stages boats were pulled up over the rapids. In ordtr 
 to improve the situation the crest of the rock ridge at Ash Rspids 
 was removed in 1912 by the Department of Public Works, Canada, 
 in the interest of navigation. On July 14, 1911, previous to the 
 improvement, the Department of Public Works plans show a fall of 
 1.2 feet from Shoal Lake to the Lake of the Woods with the latter 
 lake at an elevation of 1,057.3, sea-level datum. 
 
 Since the mining days, a certain amount of navigation has been 
 carried on between the two lakes. The early navigators have stated 
 that at times there was a strong current from Shoal I^ke into the 
 Lake of the Woods, and that at other times the current was re- 
 versed, depending, of course, upon the relative run-off into and 
 outflow from each body of water at the given time. 
 
 The area of Shoal Lake is 107 square miles, and the total water- 
 shed area, including the lake itself, is approximately 860 aquere 
 miles. The average annual precipitation to be exj^ected over a 
 long piM'iod of years in this locality is approximately 22 inchee. 
 Hased upon an ultimate draft from Shoal Lake of 85,000,000 im- 
 perial gallons daily, or 158 cubic feet per second, an annual run-off 
 of G inches from the Shoal Lake watershed would be required to 
 furnish the supply. From the records obtaineil from tdniilar areM 
 it appears that in years of ordinary or low precipitation, if the 
 full 85,()00,0(X) gallons were used daily, the run-off fn>ni the Shoal 
 Lake waterslied would not be sufficient. During tho«e tiuMv a draft 
 on the I^ke of the Woods would be made to supply the deflckney. 
 That the profiosed diversion has rt>Iatively little efftet opOB tim 
 levels of the I^ke of the Woods is evident when U it wrid i r ed 
 that 85,000,000 imperial gallons daily for one ymr would requirv a 
 depth of only 1.42 inches from the I^ke of the Wooda. Nevwtho* 
 lees, the propoeed diveraion will ultimately reduce th« flow of tlM 
 Winnipeg River by about lAO c. f. a. ■ 
 
 At the time of the application the Greater Winnipef Water Db> 
 trict was compoeed of the following citiee: 
 
 PopaUtloB. 
 
 Wlnnlpat 101. OCT 
 
 8L Boniface 9, IW 
 
 Tranacooa 1«682 
 
 AaalDlboia 6.000 
 
 Fort Onrry 8.000 
 
 81. VIUI 1.8IT 
 
 K I Idoniin . -r---..-... S. Wt 
 
 '^«-« ti4.m 
 
158 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 In 1901 the population of this territory was 50,000 inhabitants. 
 liy the time the aqueduct is completed it is estimated that 25,000,000 
 gallons daily will be required to supply from 85 to 100 gallons per 
 capita to 230,000 to 270,000 population. It is evident, then, that the 
 full capacity of the aqueduct will not be utilized for a long time to 
 come. When this time does come, should a period of low water occur, 
 the installation of a small booster pump at the intake could easily lift 
 the balance not supplied at the given level. The provision for an 
 aqueduct capacity of 85,000,000 gallons was, in the opinion of the 
 consulting engineers, providing for as much future growth as the 
 present city could afford to finance. 
 
VI.— AGEICTTLTTTEE. 
 
 Agriculture in the Lake of the Woods region may be said to have 
 had its aboriginal phase, like most of the other interests dealt with 
 in this report. The Indians who inhabited the region both before 
 and after the coming of the white man did not practice agriculture 
 in anything like the sense that it was practiced by the Mandans and 
 some of the other tribes of the western plains, but they had one cn^, 
 which to them was of vital importance, the wild rice {Zizania aqua- 
 tica). These Indians at least could reap where they had not sown, 
 for nature provided the crop, and all they had to do was to gather 
 it in. Of such vital importance to them was, indeed, the possession 
 of their wild-rice fields that it is given as one of the chief causes of 
 <he wars between the Chippewa and the Dakota, Foxes, and other 
 tribes. The Chippewa not only depended upon wild rice for Uieir 
 subsistence long before the advent of white traders and ezploran, 
 but, according to Jenks,^ as late as 1900, some 10,000 Chippewa in 
 the United States still gathered it as one of their principal food 
 supplies. 
 
 The first mention we find of wild rice in connection with the Lake 
 of the Woods itself is in the memoir of La V^rendrye, dated Sep- 
 tember 28, 1733, and addressed to the Marquis de BeauhamoiSf gor- 
 ernor of New France. In this, referring to Fort St Charles, on 
 what is now known as Northwest Angle Inlet)' he says: 
 
 Wlid oatM frrow In Krent quantities, and a« ttie land there Is food Sleur do la 
 Vfininderie hud it burned over to clear It. The wild oata enabled hln to 
 Have tliu wheat he had brouKht. aud he will not ba ciblliCMl In the fttturw lo 
 bring any from MlHiiilinialcinac. 
 
 Elsewhere he says, speaking of tiiv nativea about the fort wht> wen* 
 starving because of tlie temporary failure of their fiaheriea: 
 
 In thiH extreme ne«>«l of tUeini 1 made over to thciu itie fl«ld uf lutllan com 
 which I hud 8owe<l in the Hprlni; and which wiM tkoi eutlrvl> ripa. Oitr hired 
 men uIho got wliat they eould out of It. The eavafiB thanked uie freatly fbr 
 the relief I hud thus affordeil them. The MtwIng of h buabol of peaa aflW we 
 hud been eatinR them Rreen for a Iouk time inive um 10 budMli; whldl I had 
 ■own the following sprinK with Hume Indian com. Bjr dint of eoUdtatloaa I 
 induced two Indian famllieii to m>w corn, and I hope that the conflMt they 
 derived from it will lead others to fuUow Uielr example. 
 
 Those extracts arc particularly interesting, not so much in their 
 relation to wild rice as in being tlie first record of the aetnal eulli- 
 vation of the soil in the Lake of the Woods region. 
 
 >A. ■. Jfoka. Ti u r, of u« Dpptr Latae. Bama •( iJMrtaa 
 
 Bthaologjr Report, i 
 • Jooraaia of La \v.-i~.,., ^....^, ,., i^wrMC* J. BviyM. CUaplala Spdety. 
 108089— IT 11 IM 
 
160 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Daniel Williams Harmon, whose journal ^ has elsewhere been re- 
 ferred to, notes in connection with his visit to Rainy Lake Fort in 
 the year 1800: 
 
 In the vicinity a considerable quantity of wild rice is gathered by the 
 natlvex, who are Chlppeways. This is thought to be nearly us nourishing as 
 the real rice and almost as palatable. The kernel of the former Is rather 
 longer timn that of thi? latter and is of a brownish color. 
 
 Speaking elsewhere of Rainy Lake and the waters flowing out of it 
 he says : 
 
 On the margin of the waters which connect this lake with the Great Wlni- 
 plck Lake, the wild rice is found of which I have spoken on a foiTner occasion. 
 This useful grain Is produced In no other part of the northwest country; 
 though Carver erroneously states that it is found everywhere. It grows in 
 water about 2 feet deep where there is a rich muddy bottom. It rises to more 
 than 8 feet above the water, and In appearance bears a considerable resemblance 
 to oats. It Is gathei-etl about the latter end of September in the rollowlng 
 manner: The natives pass in among it in canoes. Each canoe has in It two 
 persons, one of whom Is In each end, with a long, hooked stick in one hand 
 and a straight f>ne In the other. With the hooked stick he brings the heads 
 of grain over the canoe and holds it there while with the other he beats It 
 out. When the canoe is thus sutliciently loaded it is taken to the shore and 
 emptied. This mode of gathering the wild rice Is evidently more simple and 
 convenient than that which was practiced In Carver's day. This grain is 
 gathered in such quantities In this region that in ordinary seasons the North- 
 west Company purchase annually from twelve to fifteen hundred bushels of It 
 from the natives, and It constitutes a principal article of food at the posts in 
 (his vicinity. 
 
 Alexander Henry * stopped at an Indian village at the mouth of 
 Rainy River, on his way to the west in 1775. The Chippewa pre- 
 sented him with provisions, and he in return gave them a present of 
 gunpowder, shot, and a keg of rum. 
 
 In a short time the men began to drink, while the women brought me a further 
 and very valuable present of 20 bags of rice. This I returned with goods and 
 rum, and at the same time offered more for au additional qaantity of rice. A 
 trade was opened, the women bartering rice while the men were drinking. Be- 
 fore morning I had purchased a hundred bags of nearly a bushel each. Without 
 a large quantity of rice the voyage could not have been prosecuted to its com- 
 pletion. The canoes, as I have already observetl, are not large enough to carry 
 provisions, leaving mereliandlse wholly out of the question. The rice grows in 
 shoal water and the Indians gather it by shaking the ears into their canoes. 
 
 Peter Grant who, as elsewhere mentioned, was in charge of the 
 trading post on Rainy River about 1799, says ' of the river : 
 
 Its course runs northwest through a flat country which could be cultivated 
 to advantage; Indian corn, melons, cucumbers, and all our garden vegetables 
 thrive to perfection in its vicinity. 
 
 » Journal of Voyages and Travels, rep. 1903, p. 19. 
 * Travels and Adventures in Canada and the Indian Territories, p. 242. 
 ' " The Sauteux Indians " in Masson's Bourgeois de la Compagnle du Nord-ouest, 
 II, p. 811. 
 
Plats S. 
 
 SOUTH 8B0RK FARM. 
 
FINAL BEPOBT OF THE INTEENATIONAL JOINT COMMISSION. 161 
 
 Alexander Mackenzie,^ writing about the same time, says: 
 
 Though the soil at the fort (Rainy Lake) is a stiff clay, there Is a fUtleo 
 wMch unassisted as it is by manure or any particnilar attention is totarably 
 productive. 
 
 Gabriel Franchfere ' in his overland journey from the mouth of the 
 Columbia to Montreal in 1814, spent a night at Rainy Lake Honse, 
 where he says, " We saw here cultivated fields and domestic animals 
 such as horses, oxen, cows, etc." 
 
 Keating^ visited the Hudson's Bay Company's post on Rainy Riiner 
 in 1823. " The soil," he says, " is rather light, but in the imme- 
 diate vicinity of the fort is excellent; potatoes and wheat are culti- 
 vated, together with maize, peas, beans, pumpkin, water and musk- 
 melons, etc." 
 
 Captain Back,* on his way to explore the Arctic coast, also paid a 
 flying visit to the Hudson's Bay Company's post on Rainy River in 
 1833, and from his narrative we leam that the wild rice crop, gen- 
 erally abundant at this solitary trading establishment, was a failure 
 in that year. 
 
 Paul Kane' writes that in 1845 a little grain was grown in the 
 vicinity of Fort Frances '' this being the first land I had seen fit for 
 agricultural purposes, since I had left Fort William." Threading 
 his way through the innumerable islands of the Lake of the Woods, 
 on his return journey, he says: 
 
 We saw In one of them about 8 acres of cultivsted com. the only lastsoes 
 of the kind I have seen since I left Norway House. Thsr« Is snodwr Istaad 
 called Garden Island, which luy to the west of uur route, about 6 mliss loog 
 and about 3 wide, on which I was told some Indians raised yearly a ttm batlwls 
 of corn and potatoes. 
 
 Captain Huyshe,' a member of the military expedition of 1870 
 against Louis Riel, was, with Colonel Wolsoley, the guest of the Hud- 
 son's Bay Company's agent at Fort Fraucei>, aiul in his narraiive of 
 the expedition expressed his gratitude to the agent for ** allowing us to 
 have the run of our teeth in his garden, so that during our sU^ of At* 
 days we revelled in gi*ecn peas^ yoimg potatoes, and ctbbsgsii BQil 
 agreeable antidotes to the scorbutic twidencies of salt pork.** Sb 
 adds that the agent " had a few acres of whsst, barlsy, and Indian 
 oorn all of which looked remarkably w«ll; the wbtst was rsadjr for 
 Ihs siokle, and the grain fine and full (this was in August). Whsot 
 k town here about tlie Ust week in April, and takes about 90 dsja 
 
 ***OsMtsl Ilt«t«i7 or til* F«r TnkK** la Vey««M frssi Msalfml TIWMi^ Ikt Om> 
 UsMit of Morth Aavrks. XCtV. 
 manaHv* of ■ Vofsg* ut tb* Northvoat OMSt of Atmttm, p. SSa 
 • Nsirattv* of as Bipsdltloa to ib* So w r» of St THtn ttt«r. 
 '«Ai«tte liSaS «i9«sraoa. p. 40. 
 
 » W a a S ir tsia of sa -AaMst k m rn g Ifcs I stlssa st HtMk liirtis. »^ SS. 
 •At B*<1 RtTt>r SiflSIMw. y. ISS. 
 
162 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 to come to maturity. Potatoes, sown about the 8th of May, were 
 fit for the table when we arrived. There were no pigs, sheep, or 
 fowls, but about 20 head of cattle, 3 of which we bought for the use 
 of the troops." 
 
 George M. Grant,^ in his narrative of Sandford Fleming's expe- 
 dition overland to the Pacific in 1872, also has something to say 
 about agriculture at Fort Frances : 
 
 A sandy plain of several acres, covered with rich grass, extends around the 
 fort, and wheat, barley, and potatoes are raised ; but beyond this plain Is marsh 
 and then rock. A few fine cattle. In splendid condition, were found grazing 
 iiix)n the level. On the potato leaves we found the "Colorado Bug," that 
 frightful pest which seetns to be moving farther east every year. 
 
 Grant was much impressed with the agricultural possibilities of 
 Rainy River. He says: 
 
 The land Is a heavy loam, once the bed of the river, and Is called " muskeg " 
 here, though, as that Is the name u.sually given to ancient peat bogs, or tama- 
 rack swamps abounding In springs, It Is not very appropriate. The time will 
 come when every acre of these banks of Rainy River will be waving with 
 grain or producing rich heavy grass for countless herds of cattle. 
 
 At the heapings held in 1912, 1915, and 1916 a great deal of testi- 
 mony was obtained as to the agricultural intere.sts about the shores 
 of the Lake of the Woods and Rainy River, which will be found in 
 the three volumes referred to in preceding chapters. This testimony, 
 together with the two series of affidavits filed in the State Depart- 
 ment at Washington by the Lake of the Woods and Rainy Lake River 
 Low Water Association, represent the views of the farmers, particu- 
 larly on the United States side, as to the extent and value of their 
 lands, the crops raised thereon, and the effect of various stages of 
 water upon their property. 
 
 The following particulars are taken from the United States census 
 report, 1910, as to the extent and value of agriculture in the northern 
 counties of Minnesota bordering on the Lake of the Woods and Rainy 
 River : 
 
 Coanty. 
 
 Approxl. 
 
 Land in 
 fanns. 
 
 Improved 
 
 Value aU 
 
 Land 
 
 mate land 
 
 land in 
 
 farm 
 
 value 
 
 area. 
 
 farms. 
 
 property. 
 
 alone. 
 
 Attu. 
 
 Aert*. 
 
 Acrti. 
 
 
 
 2,446,080 
 
 223,764 
 
 33,253 
 
 $3,389,856 
 
 $2,196,169 
 
 958,720 
 
 23,769 
 
 1,568 
 
 372,166 
 
 288,920 
 
 2,010,240 
 
 73,245 
 
 5,529 
 
 1,028,563 
 
 734,960 
 
 1,343,360 
 
 22,279 
 
 2,381 
 
 442,694 
 
 252,535 
 
 1,068,800 
 
 315,106 
 
 157,332 
 
 6,135,882 
 
 3,875,880 
 
 4,161,920 
 
 272,995 
 
 41,111 
 
 6,798,209 
 
 4,093,676 
 
 Popula- 
 tion, 
 1910. 
 
 Beltrami 
 
 Cook 
 
 Kooctaloliing 
 
 Lake 
 
 Roseau 
 
 St. Louis 
 
 19,337 
 1,336 
 6,431 
 8,011 
 
 11,338 
 163,274 
 
 It may be noted that the column of land value refers to the value 
 of all privately owned lands in farms, including both improved and 
 imimproved lands; and that the average value of all farm lands in 
 
 1 Ocean to Ocean, p. 60. 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSIOH. 163 
 
 these counties is between $10 and $15 an acre. A comparison of 
 average value with the proportion of the land under cultivation 
 would afford an estimate of the value of such lands. As to the areaff. 
 the statement, of course, represents the total acreage in the counties. 
 and bears no relation whatever to the areas of the agricultural lands 
 affected by any stated level in the Lake of the Woods. Similarly, as 
 to agricultural lands on the Canadian side of these international wa- 
 ters, it appears from the published returns of the census of Canada. 
 1911, that the total area of occupied agi-icultural land in that portion 
 of the Thunder Bay and Rainy River districts lying within the Lake 
 of the Woods watershed is 268,509 acres. Of this total about 37J250 
 acres is improved land, the balance unimproved.* The population of 
 the region is 38,000. 
 
 The evidence as to land values along the south shore of the Lake 
 of the Woods was conflicting. The owners largely fixed the value of 
 their holdings at $100 per acre. It seemed, in some cases at least, that 
 there was considerable sentiment involved in determining the value. 
 Mr. Ralph, the engineer who made land surveys in this district over 
 '20 years ago, stated ' that these low-lying lands were worth about $80 
 per acre. Where subject to flooding, however, they had only a nomi- 
 nal value, which he placed offhand at $5 per acre. The testinMmy of 
 Mr. Holdnhl, of Roseau County, who has resided in Roseai!, the ooonty 
 seat (about 20 miles west of Warroad), for the past SO yeer«, and is 
 11 n agent for the sale of lands, was based upon acttul land trans- 
 n ct i ons. He stated : 
 
 Thore are fnmifl trlbntarj' to Rosmo with gnoA haildlnsii oo that yoa 
 ••«)ulrt not hny for leiw than |7B fttr a<T«. • • • IniproT«Hl fanm. with 
 rpfiKonnbly poo<l htilldlnxM, and cl«ir«d. are worth all th* way fron |80 to 
 .f7R per arre. * * * In unltji of 160 acres, without iinjr balhllnca. daaied 
 of bniHh, either pnrtly In hny or niMler tho plow. viiIih» of im<*h M^ttitB 
 n littlo on cllstanrc from town, bnt nil the way from IIS to fSft p«r arrv. 
 
 Mr. Iloldahl said his knowledge extends to lands 10 to 15 miles 
 from Roseau. He stated that it costs about $25 to $85 per aen 
 to clear land. His nearest land tran8acCi<m to Waxroad was 17 
 or 18 miles distant, and it occurred three jeart aga The priee 
 was $26 per acre. It was the same diaraelv of land aa aboot Hm 
 lake. 
 
 Tbtrt waa not much In the way of balldlofi oo It protaMy 18 acNS 
 cleared out of the IflO acrm • • • innd under the plow worth pHM^ 
 ally from fin to $8n i>cr nrr^. with little or no InQfOVVMBll^ aceafdiat 
 
 to iIlNttinro from town or market. 
 
 Mr. Holdahl also said* that some wooded land might jield from 
 50 to 70 oords of wood per acre. His own experience in clearinir 
 
 *Tke Oinsae aad Stattotlea OSee of Caaeea etatM ttaf the avetM* «alM el tte» 
 
 laada 1« 9t.SS aa eet*. 
 •Pabilc RMrtnci. lait. p. SS. 
 ■FuHlMr Public HMflaai. Wureed. ItlS. a- SMi 
 
164 FINAL REPOET OF THE INTEENATIONAL JOINT COMMISSION. 
 
 some land was that he had 100 cords. He paid 85 cents for cutting 
 and $1 to haul it to town, with an added charge for delivering 
 it to purchasers of 35 or 40 cents. This wood he sold for $2.50 
 per cord, which left a profit of about 30 cents per cord. He pointed 
 out that there were extensive state land sales from time to time, 
 the figures obtained varying from $8 to $25 per acre. 
 
 Xn examination of the levels that would have prevailed on the Lake 
 of the Woods during the past 21 years, under natural conditions, 
 indicates that in 7 years the water would have reached 1,059 and 
 over during the growing season. It must be obvious such frequency 
 of flooding would at once seriously affect the value of arable lands 
 below that level; in fact, even above it, as there is the factor of 
 seepage, as well as occasional additional flooding through storms 
 piling up the water along the shores of the lake. Mr. Landb}', at 
 the hearings in 1912, when Mr. Ralph was testifying, considered 
 that those lands adjoining the lake could only be farmed which were 
 2 feet above the lake level. On the basis of other evidence, how- 
 ever, the commission has adopted 1.5 feet as an average measure of 
 the effect of seepage on the lands involved. That would mean that 
 with the levels of the lake as in a state of nature during the past 
 21 years, the adjoining lands would be occasionally affected by high 
 water up to a contour of 1,061.5, which would reduce their value for 
 farming purposes below that level. 
 
 The commission had extensive and exhaustive plane-table surveys 
 made, and classified the land between foot contours below 1,064, and, 
 in some cases, as high as 1,066. 
 
 In the following tables an analysis has been made of the character 
 
 of such portions of those lands below contour 1,064 as are in private 
 
 ownership : 
 
 Private and flled-on lands. 
 
 UNITED STATES. 
 
 Cultivated lands 
 
 Grass lands • 
 
 Grass lands with scattered 
 
 poplars 
 
 Deciduous trees — . - 
 
 B41xed, deciduous and conil- 
 
 erous 
 
 Cultivated lands 
 
 Grass lands - -■•••; 
 
 Grass lands vath scattered 
 
 poplars 
 
 Deciduous trees - - 
 
 Mixed, deciduous and oonu- 
 
 erous 
 
 AiWk. 
 
 Acta. 
 276.1 
 790.9 
 
 606.1 
 3,683.0 
 
 234.3 
 
 Percent- 
 age of 
 total area. 
 
 Coniferous swamp 
 
 Willows and brush 
 
 Open marsh or bog 
 
 Land lost through erosion. . . 
 
 Total. 
 
 Area. 
 
 Percent- 
 age of 
 total area. 
 
 Aaru. 
 
 1,446.4 
 
 1,84&7 
 
 3,237.0 
 
 1,583.1 
 
 13,603.6 
 
 100 
 
 CANADA. 
 
 6L8 
 381.0 
 
 115.1 
 616.8 
 
 896.1 
 
 1 
 
 8 
 
 2i 
 13 
 
 8J 
 
 Coniferous swamp 
 
 Willows and brush ... 
 Open marsh or bog. . . 
 Reconnaissance area '■. 
 Lostlandsi 
 
 Total. 
 
 819.6 
 603.9 
 641.0 
 786.0 
 
 4, 07a 7 
 
 100 
 
 ^Chiefly low-grade cultures. 
 
Plate 34. 
 
 a, NORTH SUORE FARIiC. 
 
 6, A PIONEER'S HOME. 
 
FINAL REPORT OF THB INTERNATIONAL JOINT COMMISSION. 165 
 
 As all affected areas in both countries had to be investigated, some 
 being entirely removed from railway facilities and remote from set- 
 tlement, the commission, after careful consideration of all factors, 
 fixed the following range of values, viz : Cultivated lands, $75 to $85 
 per acre; grass lands, $50 to $25 per acre; grass land with scattered 
 poplars, $35 to $15 per acre ; lands covered with deciduous trees, $80 
 to $10 per acre ; lands covered with mixed deciduous and coniferous 
 trees, $15 to $5 per acre ; coniferous swamp, $5 to $3 per acre ; lands 
 covered with willows and brush, $5 to $3 per acre; open marsh or b<^, 
 $5 to $1 per acre. 
 
 In view of the fact that 1,059 has been computed to be ordinary 
 high water as it would have been in a state of nature during the past 
 20 years, any lands below 1,058 would obviously have only a nominal 
 value for agricultural purposes. It is interesting to compare the 
 values fixed between 1,058 and 1,064 with actual sales of land in the 
 counties of Beltrami and Roseau, as presented at the Winnipeg hear- 
 ings by Mr, Laird and filed as Exhibit No. 7. 
 
 This exhibit records a list of 110 sales of land in Beltrami County 
 and Roseau County, Minn. 
 
 The total acreage and prices comprised in these sales have been 
 summed with results as follows: 
 
 Beltrami CowUy. — ^Thirty-five of the sales cited were made in Bel- 
 Irnmi County in 191S, 1914. and 1915, and their totals are: 
 
 Ar<>a. n,()32..'S5 acred. Sale price. $39.51 1.8^. Rate p«r arra. 97 J& 
 
 Ro$eaitt County. — ^The remaining 75 sales were of land in Rosmq 
 County in 1912, 1918, 1914. and 1915. and their totals are: 
 
 Area, 8,548.14 uctw. Sale price. fl24;M7. Rate pw am*. 914JHI. 
 
 The total sales in the two counties combine M follows: 
 
 naitnun! roontr 
 KoMfturounty. 
 
 ToU4 
 
 iXtn 
 
 IMS-U 
 
 Mr.* 
 
 a.« 
 
 CompMod with Umm figures, the valuation of the United States 
 Hurve3red areas, at tentative rates for privately owmnl lands, are 
 as follows: 
 
 • 1 
 
 *~ 
 
 *-. 
 
 ■sr 
 
 l!lSaUVkM«!!r!.^!!r»:::::::"r::::::::::: 
 
 £tM.« 
 
 "SSB 
 
 •u 
 
 TaMI... 
 
 t»Ml.l 
 
 m«ait 
 
 M-W 
 
 
 
166 FINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 It will be noted that the commission's rates have thus produced 
 area for area, higher results than the prices realized on actual sale. 
 
 In order to show that the higher agricultural value of lands in 
 the vicinity of Warroad was not overlooked in the preparation of 
 the table of values, the figures for the Roseau County lands (sheets 9, 
 10, and 11), the highest valued of all the agricultural lands around 
 1 he Lake of the Woods, are shown in the following tables : 
 
 Area. 
 
 Value. 
 
 Rate per 
 acre. 
 
 Atlasibeet*. Elm Point 
 
 Atlas sheet 10, Warroad 
 
 Atlas sheet II, Willow Creek 
 
 Total 
 
 Acres. 
 
 787.8 
 1,325.6 
 
 961.0 
 
 $10,337.30 
 36,345.30 
 10,254.30 
 
 313.12 
 27.42 
 ia78 
 
 3,044.9 56,93&90 
 
 18.68 
 
 Thus the average price per acre of the land shown on the Warroad 
 sheet — $27.42 — is almost double the sale price per acre for Boseau 
 County lands — $14.48. The foregoing comparisons, so far as the Lake 
 of the Woods lands are concerned, and shown on the atlas sheets, are 
 for areas between 1064 and 1058, while the parcels sold are variously 
 situated and generally at higher elevations. 
 
 The following table shows United States areas and values, also 
 rates per acre for United States private lands only, between contours 
 1064 and 1060: 
 
 
 Areft. 
 
 Value. 
 
 Rate per 
 acre. 
 
 Atlas sheets 2, 8, 5, 12, 13, 14, 15, Beltrami County 
 
 Acres. 
 
 3,716.6 
 
 2,63&9 
 
 332,046.30 
 66,289.65 
 
 $11.80 
 
 Atlas sheets 9, io, 11, hnnean Coonty .' 
 
 2L80 
 
 
 
 Total i 
 
 6,262.4 
 
 87.335.96 
 
 1&63 
 
 
 
 i 
 
 Area. 
 
 Value. 
 
 Rate per 
 acre. 
 
 Atlas sheet 9 Elm Point 
 
 Acres. 
 688.5 
 944.4 
 904.0 
 
 $10,077.00 
 35, 101. 15 
 10,111.50 
 
 $14.62 
 
 Atlas sheet 10 Warroad .. 
 
 37.20 
 
 \ t las sheet 11* Willow C^eek . 
 
 11.18 
 
 
 
 Total. 
 
 2,536.9 
 
 56,289.65 
 
 21.80 
 
 
 
Vn.— LUMBERING. 
 
 While the lumbering industry in northern Minnesota and west- 
 ern Ontario is of comparatively recent growth, many of the early 
 travelers through the Lake of the Woods country drew atten- 
 tion to the extent and variety of the timber resources of the region. 
 
 La V^rendrye in his journal, 1732, describes the banks of Rainy 
 River as very beautiful and bordered with groves of oak. Joeeph 
 La France, in his Narrative of 1740, speaking of the same river, 
 says that the whole country along its banks is full of fine woods. 
 In going through the Lake of the Woods, he adds, "All these 
 islands and coasts are low and full of fine woods." 
 
 Dr. John McLoughlin, of the North West Company, who was in 
 charge of the post on Rainy River about 1800, left a manuscript 
 account of the Indians from Fort William to Lake of the Woods 
 (now in the McGill University Archives, Montreal), in which he 
 says: 
 
 The banks of Rainy I^ke Klver are. In tceueral, blKti and coTcred with 
 abundance of elm and ouk with ImnienMe numbers uf wihl prune trees, rtierry. 
 wild pears, and here and then* Interneoted by sinaU mendown which enhance 
 the npi)ennince of the country a jfootl deal. • • • The tT««8 In thtmr 
 forests are birch, asplne, poplnr, o\m. baas, tamarac, c««lnr, \vhif«> sod red 
 pine. 
 
 Alexander Henry' says that the banks of lUiny Lake, in 1775. 
 were covered with maple and birch. Alexander Mackensie, in bia 
 " General History of the Fur Trade" (1801), eays of Rainy Bitw: 
 
 Tills iH one of the finest rivers In the Northwest. * * * Its banks arv 
 cnveroil with n rich soil particulnriy to the north, which In many parts are 
 clothed with fine open groTSS of oak, with the maple, the piM^ and th» 
 cc<]nr. The southern bank la not so elevated and dlioilays the ■ e pi e, the 
 white hirch. iind the oedar. with the qwoee, the alder, nnd vaHoai i in deiwe u d. 
 
 Keating,' in his Narrative of the expedition of 18Bt, «jt of 
 the Lake of the Woods iaUndt: 
 
 Ail rest u|K)n solid rodc and are oofered with small tf«Mk eMely plaa^ 
 spmoe, hasel, willow, cherry, etc, beetdis test quantlUee id bnttm bear- 
 Inff berries. 
 
 And of the Rainy River ho nys: 
 
 The foreete are more dense and heavy (than oo the Wtnnlpeg Rtver) and 
 contain sereral trece not enumerated In the fortfDlng llet, via. white oak. 
 ash. liickory. water maple, white walnnt, linden, elm. ele. The plae and 
 white birch become more nbnndnnt nnd attain a HMMre SlaMy iln^ 
 
 *TniTf>l« «n«1 AilrriiturM, rtc. i<p. ::se. MO. 
 
 •▼ofseM trrm Moatr««l Throocii tke Oesttssat of North AsMrke. p^ Silv. 
 
168 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Sir George Simpson ' in 1841 described Rainy River as resembling 
 the Thames near Richmond : 
 
 From the very brink of tlie river there rises a gentle slope of greensward, 
 crowned in many pljjces with u plentiful growth of birch, poplar, beech, elm, 
 and oak. 
 
 Bishop Tach6,2 who from his long residence in the West, had a wide 
 knowledge of conditions in his day, says (1870) : 
 
 The district* of Rainy River, of Lake of the Woods, and of Winnipeg River 
 * • • are well wooded as regards the description of timber, and will be an 
 immense resource for the colony of Asslnibola, where already is felt the want 
 ^f this remote supply. 
 
 Captain W. J. Twining,* speaking of the Lake of the Woods 
 country in 1875, says : 
 
 The forests are mostly composed of small pines and tamaracks, though on the 
 higher ground elm, birch, and aspen are found. 
 
 So much for the character of the timber resources of the Lake of 
 the Woods district, in the early days before commercial interests be- 
 gun to exploit them. Generally speaking it may be said of the forest 
 growth in recent years that the light drift and bare rock of certain 
 portions of the watershed nourish heavy growths of jack (Bank- 
 .sian), white, and red (Norway) pine, with a scattering of balsam 
 fir and decidiunis trees. These trees frequently seem to find root in 
 the rock itself. Where large trees have been blown over it may be ob- 
 served that the roots are short and stubby, taking on to the minutest 
 detail the shape of the crevice in which they have sought sustenance. 
 
 Like all timbered areas, this district has suffered from time to time 
 from the effects of devastating fires. There is a popular impression 
 that forest fires began with the advent of the white man, but this is 
 not supported by the facts. The Indian would naturally be more 
 careful than the inexperienced white man in taking precautions 
 against the spread of fire, but not any more so than the white trapper 
 or trader or anyone else accustomed to living in the open. Many 
 fires have, of course, been occasioned by sparks from locomotives and 
 other modern agencies ; but as a matter of fact forest areas would to 
 a certain extent be subject to destruction by fire even if uninhabited 
 by man. Lightning probably accounts for the burning of quite a 
 considerable proportion of timber, particularly in the early days. 
 In any event, it is safe to say that much of the best timber had 
 been destroyed by fire years before lumbering operations commenced 
 either on the American or Canadian side of the Lake of the Woods, 
 Rainy River, and Rainy Lake. Both Governments, recognizing that 
 these driftless areas will never be used for cultivation, have set aside 
 
 ^ Joarney Around the World, 1841-42. I, p. 46; 
 'Sketch of the North West of America, p. 25. 
 'Reports Upon the Survey of the Boundary, p. 54. 
 
FINAL B.KPORT OF THE INTEBNATIONAL JOIKT OOMMISBIOli. 169 
 
 liberal reserves for forest preservation and reforeeUtioo porpotes. 
 A glance at the watershed map prepared by the consulting eoginetrs, 
 and presented in the Atlas, will show the extent and location of the 
 Superior National Forest, the Burntaide State Forest of Minnesota, 
 and the Quetico National Forest of Ontario. 
 
 As to the available timber on the United States side, the report of 
 the chief fire warden of Minnesota, 1895, contained an estimate of 
 the timber by counties, and in the report of the United States Geo- 
 logical Survey, 1900, a further estimate was made from sources of in- 
 formation then available. Taking the counties that are included 
 in the Lake of the Woods watershed and allowing for the proportion 
 of such counties that are not included therein, the stand of timber, 
 according to the last estimate, is about 7,000,000,000 feet of pine, 
 18,000,000 cords of pulp wood, and 35,000,000 cords of fuel wood, less 
 the quantities cut or destroyed by fire since 1900. The stands of pine 
 timber are in the northern parts of Cook, Lake, and St Louis 
 Counties and in the northern part of Itasca County. The ^moe 
 stands seem to be mainly in Koochiching County and the northern 
 part of Beltrami County. In 1915 the stand of spruce was estimated 
 at 4,000,000 cords. 
 
 As to timber resources on the Canadian side, very little aathorita> 
 tivo information is available. The reports of Uie explorations of the 
 Canadian Geological Survey give no definite information, and what 
 they do afford relates to very restricted areas. The Department of 
 Lands, Forests, and Mines of Ontario, imder whose jnrisdietioo thi» 
 watershed lies, has made no surveys upon which an Mtiimts can be 
 based. The only thing spproaching an estimate is a i t i l M nw it bf tbs 
 late Aubrey White, when Deputy Minister of the department, to the 
 effect that there were about 2,000,000,000 feet of pine in tlir tract 
 west of Port Arthur and south of the line of the Canadian Pacifir 
 Railway, which would correspond roughly witli the watanliad of tlie 
 Lake of the Woods. 
 
 On the assumption tliat the cuidition of the pins IsrMli ott the 
 Canadian side as a result of fire and timber opentioM woold noi be 
 any worse than on the United States side, Mr. R. H. Canpbslli 
 (liri><'tor of forestry of Canada, suggests that the probnbiUtj is thai 
 the area of pine on the Cansdiau side is vsrj considsraUy Um than 
 on the United States side; in fact, leas thsn hail aooordiag lo his 
 estimate. The proportion of the distriot thai wonid bs mainljr 
 covered by spruce would \w that much largsTt so thai Iht gMMtf^ 
 of pulpwood on the Canadian side would in such eirauMlMfiM bs 
 considerably higher, probably double the quanlity. Mr. Osnp* 
 1k>1I puts the quantity of pulpwood roughly at from M.OO0^PQi to 
 40,000,000 oords. The fuel wowl, which would U« largvl? hardwood. 
 
170 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 would probably run somewhat less than on the United States side, 
 probably altogether about 20,000.000 to 30.000,000 cords. 
 
 Although, as already mentioned, the lumbering industry in north- 
 em Minnesota and western Ontario is of comparatively recent 
 growth, yet the timber now available in this region for the manu- 
 facture of lumber, wood pulp, etc., like that of other timbered sec- 
 tions in both countries, is being diminished at a rate that will in a 
 comparatively few years practically exhaust the present supply of 
 timber. It is estimated, however, that the extent of merchantable 
 timber now available will enable the lumber industry to continue at 
 substantially its present rate of timber consumption for a period of 
 about 20 years. Pulp-wood timber in this section on both sides is 
 more plentiful, and the areas covered by these forests are far more 
 extensive, while the natural character of the soil and its continued 
 moisture is not only conducive to the rapid growth of the existing 
 timber, but also especially conducive to new growth. It is, therefore, 
 estimated that the existing supply of pulp-wood timber, together 
 with the new growth, will insure the life of the manufacture of 
 wood-pulp paper in this region for a great many years. 
 
 The Minnesota forest service has made the following estimates of 
 log driving on the rivers flowing into Rainy River on the United 
 States side alone: 
 
 
 im 
 
 uw 
 
 1910 
 
 Ull 
 
 1913 
 
 Little Fork 
 
 Ftti. 
 30,000,000 
 45,000,000 
 30.000,000 
 
 80,000,000 
 40,000,000 
 
 Fttt. 
 00,000,000 
 80,000,000 
 
 Fut. 
 
 8 
 
 Veti. 
 £0,000,000 
 100,000,000 
 
 Big Fork 
 
 Ktwlshiwl 
 
 
 : 1 1 
 
 tNona. 
 
 The principal lumber companies on the United States side are 
 the following : Virginia and Rainy Lake Company, Virginia, Minne- 
 sota; International Falls Lumber Company, International Falls, 
 Minnesota ; St. Croix Lumber and Manufacturing Company, Winton, 
 Minnesota ; Engler Lumber Company, Baudette, Minnesota ; Swallow- 
 Hopkins Company, Winton. Minnesota; and the Clementson Mill, 
 Clementson, Minnesota. 
 
 The output of the mills has remained fairly constant during the 
 past 10 years. The mills at Virginia anticipate a sufficient supply 
 to maintain their present capacity of 1,000,000 feet per day for 
 about 20 years. The mill at Tower has very nearly reached the end 
 of its supply, while the Winton mills have sufficient tributary timber 
 for only a few years. 
 
 On the Canadian side, the following lumber companies operate 
 in the Lake of the Woods and Rainy. Lake districts: Rat Portage 
 Lumber Company; Keewatin Lumber Company; Shevlin-Clarke 
 
Plate M. 
 
 a, LOO DRIVINO, KAWISUIWI RIVER. 
 
 6. .'<IIK\ I '■■ 1 \ i; i. I VI I i 
 
'tC*^^ 
 
FINAL BEPOBT OF THE INTEENATIONAL JOINT COMMISSION. 171 
 
 Company; Captain Kendall, engaged in busineas in Kenora; and 
 Captain J. Short, who operates a mill at the same plaoe. The Bat 
 Portage Lumber Company, with head oflSce at Winnipeg, has a capi- 
 tal invested of $1,250,000 in the lumbering industry. From 300 to 
 400 men are employed in the Lake of the Woods district and 850 in 
 the Rainy Lake district. The boats owned by the company are the 
 Mary Hatch, 9 feet draft; King Fisher, 8.6 feet draft; Empress, 7.6 
 feet draft, and Wendigo, 5.6 feet draft. The Keewatin Lumber Com- 
 pany, with head oflBce at Keewatin, Ontario, has an investment of 
 $1,500,000 in the district. Tlip gross value of the yearly output is 
 $750,000, the output amounting to 30,000,000 b. m. feet of lumber 
 and 300,000 ties annually. The company employs 350 men. It has 
 the following boats in operation: Mather, 9.6 feet draft; Manoha^ 
 6.6 feet draft ; and Banning, 7 feet draft. The Shevlin-Clarke Com- 
 pany's plant is located in the town of Fort Frances, Ontario. It 
 employs about 1,200 men and its average monthly pay roll amounts 
 to $75,000. 
 
 From a statement furnished by the Department of Lands, Foreali 
 and Mines of Ontario, it appears that the total area of timber berths 
 on the Canadian side amounts to something over 1,500 square miles. 
 During the years 1899 to 1914 there were cut on the Canadian side 
 of the watershed, 8,625,951 saw logs containing 397,357,452 feet b. nu, 
 10,042,563 railway ties, and 16,435 cords of pulp wood. 
 
 Within the limits of the available funds the Minnesota Forssl 
 Service has done a g^reat deal along fire prevention lines. The for- 
 C9ted region of the state is divi(Ie<i into ranger districts, of which 
 all or portions of eight districts lie within the Lake of the Woods 
 watershed. A forest ranger has the supemnon of mth diilriei tmd 
 temporarily may have from three to ten petrolmeB imder him. 
 The Federal Forest Service, which has the adminiatntkHi of tiM 
 Superior National Forest, has cooperated with the State SBrriee in 
 propagating a campaign of education in the prevention of forirt 
 fires. The various railroads have alM) taken Uie matter up with 
 their employees. The result of such a campaign, although not dio> 
 posing of forest fires entirely, will greatly diminish tiiem. For the 
 purpose of detecting fires, a series of lookout towers have been ooA- 
 structed on various physical prominenceM. These towen» with the 
 telephone lines of Uie Forest Service, are of great aMJstawy in 
 locating and extinguishing hiaxw which would spread into largvr 
 fires. 
 
 During the past 10 years, there liave Iwen two forest flree of grsal 
 magnitude on or touching the waterslml. Of thvov. ilw Baudeite 
 fire of Octolwr, 1910, caused the heaviest loss in human life. The 
 Baudette fire extendoil fnuu Bnudette and Spooner westward, taking 
 in some territory in Ontario. The towns of Baudette and Spooner 
 
172 FTNAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 W*fe wiped out entirely, 800,000 acres of land were burned over, and 
 +2 lives were lost. In Bulletin No. 117 of the United States Depart- 
 ment of Agriculture, Forest Service, the statement is made that in 
 1910 there were 936 fires in northern Minnesota and Wisconsin, burn- 
 ing over 1,051,333 acres and causing a loss of $1,721,752. Approxi- 
 mately one-third of these fires occurred on the watershed of the Lake 
 of the Woods. Relative to the cause of fires in this year the state- 
 ment is made : 
 
 up to the InttPr part of Aupust there was a. deficiency of precipitation la 
 mery district of the United States, and It was exceptionally dry In the North- 
 west, where the percentage of the normal was only 26. 
 
 The Chisholm fire of 1908 touched only a portion of the watershed. 
 At this time 405,748 acres were burned over with a loss of $2,000,000. 
 Similar conditions, and to a very large extent similar means of 
 rtoiedying them, are found on the Canadian side of the watershed. 
 
 In a written statement to the commission, dated October 7, 1913. 
 the Director of Forestry of Canada says as to the effect of water 
 levels on standing timber: 
 
 The raising of the level of the waters ahove normal would injuriously affirt 
 the timber only so far as it would result in lands bearing timber being flooded 
 or kept permanently water soalced. If the lands were fioode<l so tliat the 
 water st(K>d iKjrmanently above the level of the soli, all the trees in such an 
 area would certainly die. If land previously well drained were kept soaked 
 with water owing to the raising of the level, it would probably affect Injuriously 
 some species, although most species have a considerable power of adaptation 
 where they have become well establlsheil. The final result, however, wotild be 
 to change the character of the vegetation so that trees that grow best in moist 
 situations, such as ce<iar, tamarack, black spruce, would succeed. 
 
 The lowering of the level of the water would not likely cause any Injurious 
 effects. The better drainage might In some cases result In lmprove<l growth, 
 and I doubt if the drying out would anywhere be sufficient to cau.se any 
 serious injury. 
 
 As a consequence, therefore, it is not at all likely that the raising or lowering 
 of the level of bodies of water in the Lake of the Woods district would have 
 any serious effect on the timber or forest growth. Such effect would be mainly 
 confined to whatever area might be floo<led as a result of the raising of the 
 level of the water. 
 
 No record of the development of lumbering in the Lake of the 
 Woods district would be complete without some account of the wood 
 pulp and paper industry. 
 
 The machinery for adapting wood fiber to the manufacture of 
 paper has been so improved during recent years that the annual 
 consumption of wood pulp in the United States alone exceeds 
 3,000,000 tons, of which one-fifth is imported.^ In 1911, 1,300,000 
 cords of wood, 85 per cent of which was spruce, were consumed in the 
 United States in the manufacture of mechanical pulp. Of a total of 
 4,300,000 cords used during 1911 for pulp of all kinds, spruce fur- 
 
 ^ Bureau of Foreign and Domestic Commerce, Bulletin No. 110, 1916. 
 
PUITE 37. 
 
 a, I'AI'EU MILL AT FOUT FHANCES. 
 
 6, PULP WOOD AT INTERNATIONAL FALLS. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 173 
 
 nished 2,500,000 cords, or 68 per cent. With siich an annual redoc- 
 tion of the available spruce supply we find mills in various localities 
 using hemlock, poplar, balsam fir, tamarack, jack pine, or birch. 
 The industry is essentially of a frontier nature. It requires a plenti- 
 ful supply of wood and an abundance of cheap power, two things not 
 readily obtainable in settled communities. 
 
 Making use of these two resources nt the head of Rainy River, 
 the Minnesota and Ontario Power Company is now operating one of 
 the largest wood pulp and paper mills in America. This mill, part 
 of which is located in Intern:.! ional Falls, Minnesota, and part in Fort 
 Frances, Ontario, has a dnily capacity of 3.50 tons of paper. The 
 paper for 65 of the important .newspapers of the Northwest Is 
 supplied by it. From 1,200 to 1,500 men are daily employed tt the 
 mill itself. It is tributary to one of the largest spruce areas of tiito 
 continent. The supply for this mill will eventually be drawn fhmi 
 a total area in both countries of approximately 25,000 square miles. 
 Spruce covers approximately one-third of this tributary area. Of 
 the other varieties suitable for paper making, jack pine, tamarack, 
 balsam fir, poplar, and birch are the most important. 
 
 At the present time, a newspaper stock is manufactured at thii 
 mill. Approximately 175,000 cords of woo<l are used annually, enh 
 cord producing about four-fifths of a ton of paper. The newspapir, 
 as manufactured here, is made up of a mixture of from 75 to 80 
 I>er cent of mechanically ground pulp and from 20 to 25 p«r 
 of sulphite or chemical pulp. A sufficient quantity of l>oCh rmrii 
 is manufactured to supply the peper mill, except during a ahort«f« 
 of water power in dry years and during s deeresae In hesd froni 
 backwater. During these periods, the resdj-msda palp is imported 
 from clHewhero, usually eastern Csnsds. 
 
 In the spruce-bearing lands Uie yield is stated to rsry from 1 to 80 
 cords per acre, the higher yield U'ing otitaimHl from a oomfianitiTtljr 
 small acreage. From 35 to 50 p«*r ivtit of ths pulpwood is Ml 
 directly by the company^a forces. In the camps and on the dhn* 
 to the mill approximately 2,500 men are employed. The rrmaindsr 
 of the w(mk1 siii>ply is purchased on the marfcei or contracfeil for 
 locjilly. 
 
 At the prcsiiii iiiiu< It.-v. than one • half <if fhe raw matsHsl'ls 
 transportiMl by water to the mill, and the remainder by rail. The 
 IMsnvntagii of water transport will increase as t' •lli<anC dis- 
 
 tricts are cut over. The duration of the preseui , .., vood supply 
 tributary to Rainy I^ke has been variously efttimated. barring cWras* 
 tating forest flfss, nt fi..in •'■. »,. .-.o \-Mr«.» 
 
 * Sm Uams StatM Dtputawal or CiNUwn* uitf 
 HMMk OoikMr**, MMtlB ilO^'IStS: iMMTtlaiir 
 S«S; Dalits Stalw DisaHaMai «C AertMltw*. PmmI S^rtkct. ■s W i W a IM. 
 oC Palp aaS Fapw l aSaH rtm OaNaS tlalM D i s a ifwi ar a«rtMit«r^ I^tm* 
 BallMtD Iff. Ortedlaa •! Sarac* tar MMteikal Palp. 
 
Vm.— MININO. 
 
 It was known in a general way almost from the time when the 
 Lake of the Woods region was first discovered that it contained 
 mineral deposits, but not until 1850 was ore definitely reported. In 
 that year it was fouud near (lunflint Lake. A little later it was 
 reported in the region now known as the Vermilion Range. Since 
 that time, at various points throughout the Lake of the Woods 
 watershed, there have been numerous discoveries of gold, silver, 
 copper, iron, and other minerals. 
 
 Mining operations for gold are said to have been started as early 
 as 1852. In 1872 gold was discovered at Partridge Lake, and it is 
 said that small quartz nuggets were exhibited at the Philadelphia 
 Exhibition of 1876. In his report on the " Geology of the Lake of 
 the Woods," * Dr. Robert Bell says : 
 
 At the time of our visit (1881) no lululng operations were going on at tlie 
 Lake of the Wooda, ultliougli some openings in searcli of gold liad lately been 
 made. Owing to the want of guides and ttie lateness of the season, it was 
 fouud imitosslble to examine the various localities at wiiicb more or less work- 
 had been done. In 1879 I was presented by Mr. .1. Sewe with a specimen from 
 Hay Island of white quartz, containing nee<llelike crystals of hornblende with a 
 little calcspar, which showed distinct six-cks of gold. It was assayed by 
 Mr. HofCuian, chemist, of the survey, and found to contain 37.318 ounces to tiie 
 ion (Report of Progress for 1878-79, p. 23U). We were shown si^ecimens of 
 (ropper pyrites in quartz and ciay-siate, of galena in quartz, and of magnetic 
 iron a8soclate<l with Jasper, all said to liave been found in the eastern part of 
 tl»e northern division of the Lake of the Woods. 
 
 In 1884 Eugene Coste reported on the " Gold mines of the Lake of 
 the Woods.'' These were for the most part on Big Stone Bay, some 
 10 miles southeast of Rat Portage (Kenora) and on Clear Water 
 Bay, about 20 miles to the southwest. It appears from this report 
 that in 1884 a number of gold-mining companies had been organized 
 and a good deal of money invested in machinery, but the mining 
 operations were apparently in the hands of very inexperienced men. 
 At some mines stamp mills had been erected, with expensive ma- 
 chinery, before a shaft had been sunk or any knowledge obtained as 
 to the extent or richness of the ore. At another place a oO-foot shaft 
 had been sunk, with no vein to be worked. 
 
 For some years very little progress was made in gold-raining de- 
 velopment in the Lake of the Woods region, beyond testing opera- 
 
 I Geological Surrey of Canada Report, 1880-1882. 
 174 
 
FINAL BEPOBT OF THE INTESNATIOKAL JOIKT COMMIBSIOH. 175 
 
 tions and prospecting. Gradually, however, interest in the mining 
 possibilities of the district increased; mining operations were fur- 
 thered, and a gold and silver reduction plant was constructed at 
 Rat Portage. By 1893 there were some 20 locations in the vicinity 
 of Eat Portage, including the Sultana, a mine which later became one 
 of the chief producers. In the following year gold discoveries were 
 made in the Rainy Lake and Seine River districts, numerous veins 
 being reported both on the Canadian and United States sides of the 
 boundary. 
 
 By 1895 the occurrence of gold at numerous places, dotted over a 
 large part of the country lying between the Lake of the Woods and 
 Lake Superior had been demonstrated: and in 1896 much activity 
 was displayed in developing and exploiting the various properdes. 
 In that year further discoveries were made, notably in the Shoal Lake 
 neighborhood, where the Mikado and other mines were attracting 
 attention. 
 
 Although at this period several of the mines were regarded as 
 having reached a more or less permanent working status, yet the 
 industry as a whole was recognized as being in the initial itegM. 
 The outlook, nevertheless, was very hopeful, and that the general 
 expectation of the future prosperity of the gold n?»"ing industry on 
 the Canadian portion of the watershed really rested on a sohetantial 
 basis, is apparent in the gradual increase of gold yield for Ontario, 
 from $2,000, in 1891, to $115,000 in 1896. By far the greater pro- 
 portion of this increase was due to the yield from mines on the Lehe 
 of the Woods watershed. 
 
 The Sultana had come to be reoogniaed as the chief mine of the 
 Western gold fields. After years of bard work had orercone pre- 
 liminary difficulties, a good financial return was at hMit heiqf dtrired 
 from a large body of rich quart*— in plaoee 40 feet wide— tnd H wm 
 estimated that enough ore was in sight to last seTeral j%ut. 
 
 The increased activity and progress in 1897 were rs l leded in the 
 provincial yield of gold, for that year, of $1894^^ Tn 
 contributed to this pro<luction — all of which mint*, with the 
 tion of one in eastern Ontario, were in the districts tribntSTy lo the 
 Lake of the Woods. The principal mines being operated in IHT 
 were: In the Lake of the Woods district. Hay Island, Stella, R«gina, 
 Sultana, Burley, and Triumph mines; in the Shoe! Lake diitoiel. 
 Mikado and Yum- Yum mince; in the lower Seine diitrlet, Pol^, 
 Olive, and Qoldon Star mines; in the upper Seine diflriel, Sawbtll, 
 Hammond, and Q olden Reef mines. 
 
 In 1898, the provincial gold yield roee to $065,000, and the major 
 portion of it came from the Sultana, B«gina, and Mikado miMH 
 The highest prodnetiQn of gold, up to the prsetDt time at least, within 
 108066— 17 — ^la 
 
176 FINAL EEPOET OP THE INTEBNATIONAL JOINT COMMISSION. 
 
 the area under discussion, was reached in 1899 when, for the Prov- 
 ince, it amounted to $421,951. This was derived chiefly from four 
 mines, the Sultana, Regina, Mikado, and Golden Star. 
 
 There was a considerable falling off in the gold output for 1900; 
 the amount for the Province was $297,495, but the chief source of 
 supply was still the Lake of the Woods country. The inmiediate 
 cause of this diminution was the stoppage of several producing 
 mines, especially the Golden Star and Olive. 
 
 It is recorded that during the exceptionally dry season of 1900, 
 the impeding of navigation, due to the low water on Rainy Lake, 
 was a great hindrance to mining activity in the lower Seine district, 
 as well as to the mining industry in other localities. The reduction 
 works at Rat Portage stood idle for most of the year, although at 
 Keewatin where a reduction plant had been erected, a considerable 
 quantity of ore was treated. 
 
 During 1900, a large number of mines were closed down, thus 
 manifesting the fact that a strong reaction had set in, quite in con- 
 trast to the activity which characterized the busy years culminating 
 in 1899. As a consequence of this set-back, the Provincial gold yield 
 fell from $244,443 in 1901 to $229,828, in 1902, then to $188,036 in 
 1903, and to as low as $40,000 in 1904. 
 
 In 1902, the Sultana mine was closed — ^its large ore body had 
 faulted. In 1903, the Mikado was closed down. For a number of 
 years these two mines had been substantial producers, and had shared 
 the leadership in the Western mining field. Reference to the Sul- 
 tana having already been made, it may be mentioned in passing, 
 that the Mikado was in operation from 1896 to 1903, and during this 
 period is credited with having produced over $500,000 in gold. 
 
 During the next seven years, ending with 1911, the gold production 
 in Ontario fluctuated between $99,885 in 1905, and $32,445 in 1909, 
 the average annual yield for the seven years being $62,062. During 
 this period the Sultana and Mikado had both resumed operations, 
 but were again closed, and for a part of this time the principal 
 producer was the Laurentian mine situated in the Upper Manitou 
 Lake district. The first results from the Laurentian were spectacu- 
 larly rich, but later it was found that the ore had depreciated. 
 
 Up to the end of 1909 the aggregate value of the gold production 
 in Ontario was $2,509,492, of which much the greater part was 
 derived from the Canadian areas of the Lake of the Woods water- 
 shed.^ 
 
 1 The provincial gold yields were not tabulated In the earlier mining reports, and hence 
 there was not suflBclcnt detail from which to make a precise determination per se of the 
 gold yield of the Lake of the Woods watershed. The mining branch of the Province of 
 Ontario, however, has officially stated that prior to the discovery of the Porcupine gold 
 fields by far the larger part of all the gold produced in the Province came from the water- 
 shed of the Lake of the Woods. 
 
SULTANA MINE. 
 
PINAL EEPOET OP THE INTERNATIONAL JOINT COMMISSION. 177 
 
 The year 1909 witnessed the discovery and initial development of 
 the rich gold mines of the Porcupine region in northern Ontario. 
 Following on this discovery the year 1912 saw the closing of prac- 
 tically all of the mines in the Lake of the Woods districts, aikl, in 
 consequence, it may be slated that in 1913, 1914, and 1915 there was 
 no gold production officially recorded for western Ontario. The 
 discovery of these northern gold deposits and the extensive closing 
 of the western mines may be said to stand related on the basis of 
 cause and effect. Although the western gold field, for a time at 
 least, might have passed into a stage of depression, it is reasonable 
 to suppose that gold mining would have soon been resumed but for 
 the greater inducements afforded as a result of the Porcupine dis- 
 coveries, and a portion at least of the amount of energy and capital 
 absorbed in the north would otherwise have been available for the 
 continued exploitation of the gold deposits of western Ontario. 
 
 In order more fully to realize the overshadowing attraction exer- 
 cised by the Porcupine gold fields, it is sufficient to observe the tre- 
 mendous increase in the provincial gold production directly conse- 
 quent upon the Porcupine discoveries. In 1911 the yield of gold in 
 Ontario was $42,687. In 1912 it had risen to $2,114,086; in 1918 to 
 $4,658,518, and in 1914 to $5,629,767, when for the first time Ontario 
 assumed the lead in gold as produced by the various Provinces of 
 Canada. In 1915 the provincial production reached $8,501,891, 
 while in 1916 the returns indicate a yield of about $10,000,000. 
 
 Now, with these figures in view, it is not surprising that the gold 
 fields of the I^ke of the Woods watershed are at present more or 
 less in a state of practical neglect It is certain, howev ei ' and thw 
 is the view expr^sed by the provincial mining authorities— that in 
 the future there will be renewe<l development of gold mining upoD 
 this watershed. The ore there while not generally high in grade it, 
 for the most part, free milling. In the past the heavy coti of eqirip- 
 mcnt and transportation, aroonipnnied too frequently by imprudent 
 and, comparatively speaking, unduly expensive methodl of mining, 
 have borne heavily upon the returns fr^ the variotti minM. The 
 gold deposits of these western mining fields are by no OMU 
 out, and many properties only require the application of OKirt 
 nomical equipment and more scientific and up-to-date meam of 
 reclamation in order to insure profitable returns. Wood, water, nid 
 labor are at hand, and in fact all eMentialt tre iTalUble to mathk 
 ■killful and prudent mining to obtain adequate ranuDtritian. 
 
 Another deterring influence now p r ea en t is the eondMon of affairs 
 growing out of tlic European war. When normal eonditions ars 
 restored, a further period of activity seams a»ared, and, indeed, 
 preaent indications point to an early mining revival in the Laka ol 
 the Woods district 
 
178 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 As already mentioned, the Lake of the Woods region contains 
 mineral deposits other than gold. Mr. Andrew C. Lawson, in his 
 " Report on the Geology of the Lake of the Woods Region," ^ says : 
 
 silver occurs in the auriferous quartz veins of the Lake of the Woods, gen- 
 erally as an accessory mineral, in small quantites, but sometimes, as the assays 
 of the ore of the Pine Portage mine show, in greater proportions by weight than 
 the gold. No leads sufficiently rich in silver ore to be mined for that metal have 
 as yet been discovered. 
 
 Copper pyrlte Is of very common occurrence in leads of quartz, both of those 
 that have been mined for gold and those that have not warranted such 
 operations. It Is not found, however, in sufficient quantities to be worked as 
 an ore for copper, and the likelihood of copper mining becoming an industry 
 here is a matter to be determined very largely as yet by the discoveries of the 
 prospector. 
 
 Recently, deposits of copper have been discovered in the Rainy 
 River district near Mine Center, which are described as very rich. 
 These deposits are already being mined. The country immediately 
 adjoining the Lake of the Woods watershed to the north and east 
 has also been found to be highly metalliferous! It is claimed that 
 remarkable copper deposits have been discovered within the last year 
 near Kashabowi, just outside the watershed boundary. 
 
 The development of the iron-ore district, on the Minnesota side of 
 the watershed, dates from 1880. The first shipment of ore was made 
 in 1884. During the year 1915, 1,656,465 tons of ore were shipped 
 from the Vermilion Range. The ore reserves in the ground in 1915 
 on the Vermilion Range were 10,209,902 tons. 
 
 The Mesabi Range lies mainly contiguous to the watershed, only a 
 small portion of the easterly end, containing low-grade ore, lying 
 within its limits. The first real prospecting on the Mesabi Range 
 was done in 1890, in the vicinity of Mount Iron. The largest mine 
 on the Mesabi Range shipped 2,311,923 tons in 1915. The entire ship- 
 ment from the Mesabi Range in 1915 was 29,633,046 tons, and the 
 ore reserves for 1915 totaled 1,382,644,910 tons. In 1910 there were 
 108 mines in St. Louis County, employing 17,643 men at an average 
 wage of $2.65 per day. It was estimated that 85,000 people in St. 
 Louis County were directly dependent upon the iron-mining indus- 
 try for a living. 
 
 On the Canadian side, discoveries of iron have from time to time 
 been reported, but up to the present time no serious attempts have 
 been made to develop mines. So far as the Lake of the Woods proper 
 is concerned, Mr. Lawson wrote in 1885 : 
 
 Deposits of iron ore have not been found as yet on the lake, although a large 
 proportion of the rocks is very rich in disseminated magnetite. Magnetic sand, 
 derived from the decomposition of the Laurentian gneiss, occurs on the west 
 side of Falcon Island, in stratified layers, which have evidently been so arranged 
 
 ^Geological Survey of Canada Report, 1888. 
 
Platk 40. 
 
 IRON ORE, HUNTERS ISLAND. 
 
FINAL KEPOBT OF THE INTERBTATIOFAL JOINT COmOBSIOH. 179 
 
 by the sifting action of the waves on the beach, separating oat the heavy 
 netlte from the light, siliceoas, and feldspathic grains. The line of M|Mmitloii 
 between the b1ac]< magnetic sand and the light yellow sand Is • wy fliartwft 
 one, and the percentage of magnetite in the former Is Uurg«^ toot the depoilt 
 is an extremely recent one and the abundance of the masnetlc mid Is not so 
 much as to be of economic importance. 
 
 At Atikokan, in the upper part of the watershed, hematite ore 
 was for a time mined. In the Hunter Island district diamond drill- 
 ing has revealed the presence of extensive and valuable deposits of 
 iron ore, which sooner or later will undoubtedly be worked. There 
 is reason to believe that systematic exploration will reveal the pres- 
 ence of other iron-ore bodies on the northern extensions in Canada 
 of Minnesota iron ranges, which lie but a short distance south of 
 the international boundary line. 
 
 In regard to other minerals in the Lake of the Woods watershed, 
 the following may be quoted from Mr. Lawson's report : 
 
 Zinc-blende and galena are not uncommon In such qoartx veins as bare baas 
 opened, and I have found both In small quantities In different parts of tb« dl^ 
 trlct 
 
 Molybdenite occurs iu small veinules traversing Um granatold gnalas of 
 Quarry Island, and I have been given large sped mens of the saow aMtarlal 
 said to have been found in the bush t>etween Roaaland* and the Lake of tbe 
 Woods. 
 
 Antimony ore Is said to have been found In Ptarmigan Bajr. hot not oo ter 
 as I could ascertain In any considerable quantity. 
 
 Cobalt is found to occur In tracee. Mlaplckel and Iron pgrrlte are eoaapare* 
 tlvely abundant In veins of various dlmcnalooa. tbe larfv of wbldi SMJ peeve 
 of value should the uanufncturo of arsenic and eolpbvle add ever boeoae 
 profitable In this part of tbe country. 
 
 In conclusion, it may be emphasized that in the dereloproent of the 
 mining bdustry throughout this wide region, hoUi in the United 
 States and in Canada, navigation facilities are of tht grsniMt Im- 
 portanoe, especially as this mode of transport is pnetknUy tkt 
 only means available by which certain exIeiisiTe srssn may bt 
 reached. Free access by water is essential not only to wummm 
 islands in the Lake of the Woods, Rainy Lake, and other lakM iHlhiB 
 the watershed containing mineral depoaitSi but ahn to grsal atnlelHt 
 of the mainland which at present and probably for mmm jmn ttb 
 come will be remote from railways or eTsn roadi* 
 
 I A iMtat oa tbs Osasdlsa PsdSs BaUway. • 
 MsrsMh. 
 
IX.— FISHERIES. 
 
 The first white fishermen on the Lake of the Woods of whom we 
 have any record were the men of La Verendrye's exploring expedition 
 in 1733-34. As already indicated, De Noyon had reached the Lake 
 of the Woods some 45 years earlier, and it is probable enough that he 
 and his men may have drawn some of their food supplies from the 
 teeming waters of the lake, but that is only conjecture, as the meager 
 record of his journey is silent on the subject. The same thing may 
 be said of La Noue's expedition to Rainy Lake in 1717 or 1718. 
 
 In La Verendrye's journal ^ of 1733 he says: 
 
 The heavy rains of the spring had been Incessant and had done great damage 
 to the wild oats (wild rice) on which we were counting, which puts us in a 
 difficult position as we had not enough of provisions to last the winter. I 
 bethought me to send 10 men to the other side of the lake (Lalse of the Woods), 
 which is 25 leagues wide, with tools for building themseves a shelter at the 
 mouth of a river running in from the north-nortlieast, and with nets for fishing. 
 They caught that autumn (1733) 4,0(X) big whltefish, not to speak of trout, 
 sturgeon, and other fish in the course of the winter, and returned to Fort St. 
 Charles on the 2d of May, 1734, after the ice had melted. Thus they lived by 
 hunting and fi.shing at no expense. The rain that had done us harm in the 
 spring troubled us again in the jnonth of September. It rained so heavily from 
 the 6th to the 14th of September that for a long time the water of the lake was 
 so dlscoloreil that the savages, of whom there were a great many at our fort, 
 could not see to spear the sturgeon, and had nothing to eat. In this extreme 
 nee<I of theirs I made over to them the field of Indian corn which I had sowed 
 in the spring. 
 
 There can be no doubt that the Indians of the Lake of the Woods 
 had carried on primitive fisheries in the lake long before white men 
 penetrated so far to the west. The narratives of all the early trav- 
 elers, explorers, and fur traders make it clear that the Chippewa, who 
 inhabited the region, as well as the Monsoni and Cree who frequented 
 its waters, in their early history, depended largely on fish for food.^ 
 Joseph La France, who traveled westward through Rainy Lake, 
 Rainy River, and the Lake of the Woods, in 1740, says : 
 
 He passed the Lake la Pluie (Rainy Lake) in the latter end of April and 
 beginning of May, and stayed 10 days at the fall with the Monsoni, where they 
 fish with nets at the bottom of the fall. They have two great villages, one 
 on the north side, and the other on the south side of the fall. The River la 
 Pluie, which falls from the lake, is a fine large river which runs westward, 
 and is about 3 furlongs in breadth ; its course is about 60 leagues before it falls 
 
 1 Journals of La V^rendrye. Champlain Society, Toronto. 
 * Hodge, Handbook of American Indians. 
 180 
 
FINAL BEPOBT OP THE INTEBNATIONAL JOnTT COXMIBBIOV. 181 
 
 into the Lake Ehi Bois, or Des Isles (Lake of the Woods), and Is free firon 
 cataracts, having only two sharp streams. He was 10 days going down It In his 
 canoe; the whole country along its banks is full of fine woods. In which are 
 great variety of wild fowl and beasts, as wild beavers, stags, elk, deer, etc, 
 and the river and adjoining lakes full of excellent flab. This river Calls Into 
 the Lake Du Bofs, where he arrived about the end of May. This lake la very 
 large and filled with fine islands; he was 30 days in passing It, fishing and 
 hunting as he went with the natives, and stayed a month in one of the tftawtff 
 with the Slonsoni and Sturgeon Indians, who live on the north side of this lake^ 
 and meet in that island to be merry and confirm their friendship and aBlance; 
 these last are called so from the great number of sturgeon taken In thin Imke, 
 which is the greatest part of their provisions.* 
 
 Jonathan Carver' was at Grand Portage, at the western end of 
 Lake Superior, in July, 1767, and in his Travels describes the lakes 
 to the westward, probably from accounts he received from the fur 
 traders at Grand Portage. He says that all these lakes were stored 
 with fish, such as trout and sturgeon. 
 
 Alexander Henry * descended Kainy River in 1775 and says that 
 at the mouth of the river there was " an Indian village of a hundred 
 souls, where we obtained a further supply of fish. Fish appears to 
 be a summer food." 
 
 Peter Grant,* who was in charge of Rainy Lake House in 1799, 
 says that Rainy River, or " River of Lac La Pluie," as he calls it, 
 "abounded with sturgeon and various kinds of fish, to which the 
 natives have recourse iu times of scarcity." He gives the foUowing 
 interesting description of the methods of fishing employed by the 
 Chippewa Indians, whi(*h were probably very little diuiged fron 
 those they used before white explorers and traders first came amoag 
 them: 
 
 They fish with nrtn, hooks, lln««, ami KiMmrs. bat thegr have ■ ■wfthiwl of taktat 
 storgeon witli a kind tif drugnc^ or M<lue which. I hellevs^ Is psmliar to il 
 selves. The net used fbr this purttoae Is aboat 90 fMC loag hgr • fWH dea^ 
 shat doable. It Is drasRed between two small eanoas havlat two oma la 
 while the bowmen iwildir gently down the atrsam, the ueo In the atami 
 the seines by means of long curtls fixed to aadi end and which can be ahert a esd 
 or lengthened aecordlnir to the depth of water aad Ite wlah of the aMaeara 
 Two stones are snspended trom the lower sods of the aalBsa» hgr wMdi tiM 
 nature of the bottom and the aoondlngs are aaeartalaed. a vary neemniy pre* 
 rnntinn to keep the whole rloar of foul bottom. The coarse of the cannsa nraai 
 form nn obtuse angle with the middle of the aalne. Those nets are sw al a d like 
 the Bngtish dra g net a . with small knobe of eM|ar ftied to the eppsr hordir 
 Insfeaad of ooHl When by the vibratloB of the cords thay pereMve that flrii la 
 tamo they Instantly haul up aad paddle wllh aU Unlr altf* ta Mas the 
 
 t Jesvpti lA Tnknetrt aamttv*. la "IvpoH fieai the tiailtm 
 lata th» iitat* iin« ceatttlea of the «eaatft« sdlnlBlas to BatMaB Bay aai the 
 
 'Tr,^.•l• Thrtms' rta of NoTth A w otca. p. ML 
 
 • I rnrru Rtiii Aih mu «ti4 til* iMltea TViitterts^ pk Ml. 
 
 « -Tb* KnuiKui luauaa. u Ms^Ma, D ea if eto Se Is CM^ayaie es K««a 
 II. p. 811. 
 
182 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 canoes together and thereby shut up the fish in the seine. This raetho<l of fish- 
 ing Is, of course, practicable only in rivers, narrow channels, and small bays 
 where the bottom is clear. 
 
 Elsewhere Grant says that the Chippewa in the spring, when the 
 hunting season is over, " generally assemble in small villages, either 
 at the trader's establishment or in places where fish or wild fowl 
 abound ; sturgeon and whitefish are most common, though they have 
 abundance of pike, trout, suckers, and pickerel." " They sometimes," 
 he adds, " have the precaution to preserve some for the summer con- 
 sumption. This is done by opening and cleaning the fish and then 
 carefully drying it in the smoke or sun, after which it is tied up 
 very tight in large parcels, wrapped up in bark, and kept for use." 
 
 Daniel Williams Harmon,^ of the North West Company, who 
 visited Rainy Lake Fort in the year 1800, says that Rainy Lake and 
 Rainy River "are said to contain excellent fish, such as sturgeon, 
 whitefish, etc." 
 
 In the summer of 1800 Alexander Henry,* nephew of the elder 
 fur trader of the same name, also traveled to the western plains by 
 the same route. He spent the night at the trading post of the North 
 West Company, a little below the present town of Fort Frances. In 
 continuing down the river, he says: 
 
 We have great plenty of sturgeon at present. • * • We camped below 
 Manltou Rapids, where we found .several Indians fishing. They had a great 
 many sturgeon and various kinds of small fish, a few of which were exchanged 
 for liquor. 
 
 Crossing the Lake of the Woods, he says : 
 
 We found a number of Indians. • • ♦ We purchased a few fish and dried 
 liurtleberries. • • * We had left them but a short time when a sturgeon 
 almost Jumped into my canoe; his head struck the gunnel near one of the men 
 who, instead of taking hold of him, gave a scream, and the fish fell into the 
 water again. 
 
 Alexander Mackenzie," writing about the end of the eighteenth 
 century, says that Lake Naraakan, east of Rainy Lake, "takes its 
 name from a particular place at the foot of a fall (Kettle Falls), 
 where the natives spear sturgeon." Of Rainy River he says that 
 "its waters abound in fish, particularly the sturgeon, which the 
 natives both spear and take with drag-nets." 
 
 John ^IcLoughlin, in the manuscript narrative elsewhere alluded 
 to, says : " The fish got in these lakes and rivers are sturgeons, pike, 
 pickerel, whitefish, trout, and suckers." 
 
 So much for the early explorers and fur traders. From later 
 travelers some additional information may be gleaned bearing upon 
 the subject of the fisheries of the Lake of the Woods and its tributary 
 
 i.Tonrnal of Voyages and Travels, p. 19. 
 
 * New Light on the Early History of the Greater Northwest, I, pp. 20, 23. 
 
 * Voyages from Montreal Through the Continent of North America, p. xcl. 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT twanMnmtiim. Ig3 
 
 waters. Keating,^ in his narrative, says, that the principal fidi in 
 Rainy River is the sturgeon. He visited Rainy Lake Fort in Auguflt, 
 1823, and says that the soldiers of his party " were kept busy while 
 encamped at the fort in fishing for the pike and fresh-water salinoD 
 which are found in great abundance at the falls." 
 
 Paul Kane, in his entertaining account of his journey across the 
 continent in 1845, says : 
 
 Vast quantities of whiteflsh and sturRoon an- tiiitfn nt the foot of the rapids 
 (Fort Frances) with which our mess table at the fort was abuodantly Mp> 
 plied ; Indeed, the chief food here consists of flsh and wild rice. 
 
 In crossing the Lake of the Woods, he adds : 
 
 We met some Indians from whom we purchased seven fine ita rn oM. «ach 
 weighing perhaps 40 or 50 pounds. We paid for the whole one cotton •hlrt.* 
 
 Returning by the same route in 1846, Kane spent a day or two at 
 Rat Portage (Kenora). "The Indians there," he says, ^^dubeist on 
 sturgeon and whitefish in the summer and rice and rabbits in the 
 winter. We rested ourselves here for two days and employed our- 
 selves principally in feasting on whitefish." .Vt Fort Frances, be 
 notes in his journal: 
 
 Tho Indians catch great quantities uf sturgeun at tlie fuut of thtm falia In 
 the month of June. The sturgeuo here are very small — Idotn weighing mora 
 than 40 or 50 iM)unilK— at least In comparison with those taken at the monlh 
 of Fnizt'p'H River on the west side of tJie mountnlnM, whli'h often weigh fhMB 
 8 to 7 hundredweight • • • The Indians live here, bn at Rat Fortace. on 
 rice, flsh, and rabbits. 
 
 W. F'. Butler,* in one of his entertaining narratives of t r 
 Northwest, describes the Lake of the Woods and Rainy liiv > ' i . 
 were in 1870, and, referring to the tributariee of the latter, my: 
 
 It Ih down thoM rivers that the American Indiana cohm to ttkt Aw MergMn 
 In Uainy Ulver. 
 
 In 1910 the United SUtes National Museum publiahetl a memoir 
 on " The Fishes of the Lake of the Woods and Conneciinc Wnlww" 
 by Harton Warren Evennann and Homer Barktr Lttintr, of tbt 
 United States Bureau of Fisheries. This is the arsi report thai hM 
 been published on the subject. In 1894 Prof. Albert J. Wnohwan and 
 Prof. Ulysses O. Cox made a collection of fliheg obUimxi in ihe Ukt 
 of the Woods region, but no formal report wis publialied. Thb col- 
 lection was n::ide tmder the direction of the lUthbun-Wtknham Joint 
 Commission relative to the preeervation of tht flsherica in waiem 
 contiguous tn Canada antl the United States. In AuguH, 1908, and 
 again in lOOii, the International Fiaheriei Commiaion Tiiitad lUInx 
 Uke and the Lake of the Woods and obtained ipedmioa of lome 
 of the food fishes at weU at mnch TaloaMa data copcwniag tba thfc- 
 
 » Nsmtiv* of «a Btpsdlttoa to tlM Soer«o ol tl. M»ts IH**. 
 
 • WueoHiiii ot SB Artist AiMas tlw taeiaas of Kortk AaiM«<«, »^ et. 4aL 
 
 • THo Orost Lfoeo Ub4. ^ tes. 
 
184 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 eries of those waters. Dr. S. E. Meek, of the Field Museum of Nat- 
 ural History, Chicago, who visited the Lake of the Woods and Eainy 
 Lake in October, 1908, in connection with the work of the Interna- 
 tional Fisheries Commission, collected a considerable number of 
 specimens of food fishes and some information concerning the fish- 
 eries of those waters. This is practically all that had been accom- 
 plished previous to the brief report of Messrs. Evermann and 
 Latimer. 
 
 From such published records as were available, and from data fur- 
 nished by Mr. Paul Marschalk, of Warroad, Minnesota, and Captain 
 Arthur Johnson, of Kenora, Ontario, the authors of the report com- 
 piled a series of tables, which, though far from complete, are of 
 interest and value. From these tables it appears that the pound-net 
 catch of whitefish, yellow pike, jackfish, and sturgeon in the Lake of 
 the Woods from 1888 to 1909, both inclusive, amounted to 22,891,671 
 pounds, valued at $781,795, of which 17,878,306 pounds, valued at 
 $582,788, are credited to the United States, and 5,103,365 pounds, 
 valued at $195,201, are credited to Canada. These and other figures 
 in the memoir relating to the Canadian catch are considerably below 
 those obtained from sources in Canada. It is probable that they 
 represent the Canadian catch shipped through Warroad and do not 
 include quantities shipped through Kenora. (See Appendix.) The 
 gill-net catch of whitefish, yellow pike, and jackfish in the Canadian 
 waters of the Lake of the Woods, in 1892 to 1909, is given as 3,663,394 
 pounds valued at $120,760. The total pound-net and gill-net catch 
 for the period 1888 to 1909, so far as stated in this memoir, is there- 
 fore 26,555,065 pounds, of a value of $900,109. This includes figures 
 for the catch at Oak Island, in 1900, 1902, 1907, and 1908. The 
 tables in the Appendix bring the figures down to and including 1914. 
 High-water mark seems to have been reached in 1894, when the total 
 catch reached 3,125,835 pounds, valued at $88,225. Particulars of 
 the Rainy Lake catch are only available for 1908, when the total was 
 160,000 pounds, valued at $4,050. The commission has, however, 
 since obtained the following particulars as to the Rainy Lake fisheries 
 in 1916 : Canadian fishermen operating under licenses granted by the 
 Province of Ontario numbered 62 and operated 36 boats, including 18 
 gasoline boats, valued at $8,290. The value of pound nets was $5,500 
 and of gill nets $4,610. Ice houses and freezere amounted to $2,325 
 and wharves and piers $555. The total value of fish caught by 
 Canadian fishermen in 1916 was $25,133.19, making the total value 
 of the Canadian fisheries in Rainy Lake in 1916, $46,413.19. These 
 figures do not include value of fish caught by Indians and sportsmen. 
 For the same year there were 43 United States fishermen engaged 
 in the fisheries on Rainy, Kabetogama, Namakan, vSand Point, and 
 La Croix Lakes under licenses granted by the Minnesota Game and 
 
FINAL BEPOBT OF THE INTEBNATIONAL JOIST OOMMIBSIOH. 185 
 
 Fish Commission. Seventy-three boats, including 30 gasoline bo«U» 
 of a value of $20,000, were employed. The value of pound neU was 
 $8,250 and of gill nets $1,960. Ice houses, freezers, and other build- 
 ings, with wharves and piers, were valued altogether at $16^600. The 
 total catch of fish was 200,492 pounds, valued at $11 ,291.62. Tbe 
 total value of the United States fisheries in these waters wss there- 
 fore $58,104.62. The Indian catch in both Canadian and United 
 States waters for the year is estimated at over $5,000. 
 
 The Evermann and Latimer report contains some interesting par- 
 ticulars as to the sturgeon fishery of the Lake of the Woods. 
 
 " Lake of the Woods," they say, " is the greatest sturgeon pood in 
 the world. Up to about 1892 sturgeon swarmed in this lake in almost 
 incredible numbers. In that year the sturgeon fishery began to 
 assume considerable proportions. By 1893 to 1896 it had beoome 
 of great importance. In 1898 the catch in .\merican waters 
 amounted to 1,300,000 pounds, valued at $26,000. The yield 
 of caviar in the same year amounted to 97..%00 pounds, valued at 
 $19,500; and the amount of sturgeon sounds wss 5,880 pounds. 
 valued at $5,830. Thus the total for 1893 was 1.408.880 pounds, 
 valued at $51,330. By 1903 the sturgeon catcli had dwindled to 4&,S89 
 pounds, worth $2,714, and the caviar taken in that year amounted to 
 only 1,550 i>ounds and vulued at $1,240. Since 1903 the catch of 
 sturgeon has fluctuated somewhat, but has always been low. In 
 1908, in American waters, it amounted to 87,182 pounds, worthr 
 $8,718. According to local fishermen there has been a sli|^t incrssas 
 in the number of sturgeon in the Isst few yeara. They constituta a 
 large part of the pound-net cstch. A 4foot aturgoou will dresi 
 al»out 15 pounds, which is too arosU for a minimum sixe; it would be 
 l)etter to make 20 pounds dressetl the mtninuini. Tlie spawotnf 
 season is in the spring and is probably over by the end of liajr. 
 The principal, if not the only, spawning ground is Kainy Bhrer." 
 
 I'roiM tito table of Ktati.stios of the aturfeon fli^nr from IMK to 
 liX)9. both inclu5tive, it apiwsra thst the total yield was 11.59S,M0 
 pounds of a value of $5&8,606. Thess were the pricr» paid to the 
 fi.sluMuion at their fisheries. No figurss are g'lwn for the Can s dl s n 
 catch from 1888 to 1891, and presumably the Canadian fislMry staina 
 in 1892, as the catch was a oomparstively smsll one in that year. 
 The catch i(«e mpidly from 40,000 pounds in 1888 ' -- . i 
 pounds in 1898. In that year 128,750 pounds of caviar ^^ 
 of a value of $24,760. The sturgeon fisheries remainvtl artMiod 
 1,500,000 pounds per annum from 1898 to 1896, when th^ began to 
 diminish and dropped rapidly to a toUl of 53^16 pounds in 1909. 
 
 '*The great decrease in the sturgeon catch of the Lake of tbe 
 Woods," say the authors of this paper, ** is without dtMibt chisfiiy due 
 to overflalun^, although it '\» claimed bj local interests tluit reosnl 
 
186 PINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 years show a slight increase in the catch and the statistics sustain this 
 contention. There is no evidence that the sturgeon have actually 
 increased in abundance. This increased catch is more likely due to 
 closer fishing than to an actual increase in tlie abundance of the 
 species. The International Fisheries Commission is of the opinion 
 that all sturgeon fishing in these waters should cease for a period of 
 four years." 
 
 It is interesting to note that while in 1888 3,000 pounds of caviar 
 sold for only $300, in 1909 729 pounds were sold for $1,093. 
 
 Archibald Blue, in his " Tour of Inspection in Northwestern 
 Ontario," says : 
 
 FlHhing Is now a very IniiwrtHnt Industry hi Lake of the Woods. There are 
 stations on all the principal bays, and a number of tugs are employed to make 
 regular rounds and convey the catch to Rat Portage, where shipments are 
 made to Winnipeg, St. Paul, Minneapolis, and other markets throughout the 
 Northwest. The sturgeon and whiteflsh of Lj'.ke of the Woods are of excellent 
 quality; but at the rate at which o|)eratlons have been carried on during the 
 last two years it is feared that the waters will soon be fished out. The roe of 
 sturgeon is shipped in large quantities to Europe, where It Is manufactured Into 
 caviar.* 
 
 At the 1912 hearings held by the commission at Warroad, some 
 testimony was oflfered by Mr. Paul Marschalk as to the fisheries of 
 the Lake of the Woods. In reply to the question (p. 97) " In what 
 respect does the level of the lake affect the fishing interests ? " Mr, 
 Marschalk replied, " Too high a level is apt to overflow the low shores 
 and carry the muskeg into the lake, and dirty the water, and the fish 
 will die and become unfit for food." 
 
 On the same point Mr. Edwin Tinsley, superintendent of game 
 and fisheries of Ontario, said (p. 171) : 
 
 There is one matter that Is of vital Importance to the fisheries and should 
 not be overlooked, and that is the effect of the lowering of water upon fish 
 spawn. During the spawning season of certain species of fish If the water were 
 lowered It would leave the spawn high and dry on the land, there to rot, and as 
 the Lake of the Woods is one of the most important lakes In the Province and 
 will in time become even more of an attrsiction to the tourist than it Is to-day, 
 the protection of the fisheries is of the utmost importance. Indeed, this depart- 
 ment would not be inclined to consider favorably any request for the restocking 
 of these waters If they had not the assurance that the spawn of the fish they 
 deposited therein would be properly protected. I am now dealing principally 
 with the game fish, but as commercial fishing is carried on to quite an extent 
 in the Lake of the Woods, the effect of the lowering of water on that class of 
 fish should be considered, most carefully. It is of the greatest importance to the 
 Province that the water in this lake should not be lowered from the pre- 
 vailing high-water line. 
 
 At the 1915 hearings in Warroad Mr. Marschalk again gave 
 evidence as to the fisheries of the Lake of the Woods, and repeated 
 
 1 Fifth Report of the Ontario Bureau of Mines, 1895, p. 167. 
 
Plate 42. 
 
 LAKE OF THE WOODS STURGEON. 
 
FINAL REPOBT OF THE INTERNATIONAL JOINT 00MMIS8I0H. 187 
 
 his statement that the food fishes of the lake were injuriooaly affected 
 by high water in the southern portions of the lake (p. 192). 
 
 At the same hearing evidence was obtained from Prof. Edward E. 
 Prince, commissioner of fisheries of Canada, and Canadian memher 
 of the International Fisheries Commission. Prof. Prinoe aaid 
 (p. 267) : 
 
 The fisheries certainly have declined daring the period I have known this 
 lake, very, very seriously. Some of the fisheries which were extremrij Im- 
 portant when I first vlslteil the Lake of the Wood* (in 1888 or 18M) are now 
 practically extinct. I refer especially to the sturgeon flatiery whlcb, at «■• 
 time, was of prime importance, one of the most valuable ftriwrtas oa tkt 
 international boundary waters in the Lake of the Woods: and tbf» whiltiik 
 fisheries have also declined very seriously. 
 
 Prof. Prince, being asked the cause of this decline, said : 
 
 The main cause which, as an exi)ert, I should attribute this decline to. Is 
 over-fishing ; and that Is the testimony, also, of the most important experts wbo 
 
 have visited the Lake of the Woods, 
 
 Asked as to the effect of high water on food fishes in the Lake of 
 the Woods, Prof. Prince gave it as his opinion that it would not 
 have any appreciable effect. As between considerable fluctuatiou 
 in the level and a fairly uniform level he stated that the latter eon- 
 dition would be preferable for the fisheries (pp. 208-70). 
 
 In a communication to the oommisBion, dated January S, 1914, 
 Prof. Prince submitted the following remarks on the question of tlie 
 fisheries and the effect thereon of various levels in the Lake of the 
 Woods: 
 
 I have had many opportnnltlee of obeervlns the efllMl 
 of the lowering and also of raising of lakes and their trttmtanr 
 am therefore able to qwak from a basis uf experteoct apoo the eCect ea talk 
 and flsberles of the lowering of such waters as those o( Lake of Om Wooda 
 
 The effects of lowering such waters are In tbe Bala thrasMd : 
 
 First The spawning grooods of ^tedes whidi qpwa la eosiparaltvety akal> 
 low areas, such as starfsoo, wan<«rid or yellow ptekarei, 
 or ptk<>. p<>rch« various species of bsas. the saaflsh, sad esps d s ll y 
 cyprluolds. suckers, and kinds of fish vpoa which iMre hspermnf 
 Injured by being dried up and ezpoeed to Altai lafl ueoc es of b««i sod 
 
 Second. The resorts of young fish of ntore valaahle ipsdes are also 
 These fish, after hatching oat, resort to laahore shallows aad the shores ef 
 Islands where their special food shovnda They are else sale tnm the attacks 
 of mature flah In sucli ahallow areas. WhSB thai 
 tlie lowering of thv water they are often rephMid hy 
 abrupt margins, and the effect both apoo the flah sad 
 U disastrous. Thus crayfish, a kind of fresh-water lohsler. ebeaad la p afs M y 
 shallows and form the apedal food of hasa pMwel, aad estssBsd feUdi ef 
 flsh, and when the water le loerered these crayflah pert* li vest eet we . 
 
 Third. Any ehaape la the level of the water ate r al esas le flrii la the 
 Indicated, ecpectslly tf thsae areas are olil ssiahltihsil haya aad 
 flats. It Is a straaie fact that whea lahcs are lowered aad aew 
 are formed hy the reesdiag water the fauna of older anaa Is aot 
 anew, nor are the coadlUoos reprodaced readily whkh arc approprhiio la 
 
188 FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 them good spawning grounds. Newly formed shallows instead of becoming 
 feeding grounds or spawning grounds become the resort of enemies of fish of 
 various kinds, such us bullfrogs and various species of toads and frogs, which 
 are a menace to young fish and which occur far less frequently in abundance 
 on old-established gravelly areas which are the favorite resorts of young fish. 
 
 The considerations stated above are based on observations made by me not 
 only in Canada but in Britain. Many years ago in Yorkshire (at Adeldam, 
 near Harrowgate), where the lowering of an old lake abounding in fish 
 resulted in their total annihilation, fish and fishing became thiugu of the past, 
 and the lowered lake became a resort of reptiles, snakes, lizards, frogs, etc., 
 and the fish entirely disappeared. Again, four years ago I observed on the 
 Upper Ottawa, above Pembroke, shallow areas along tlie Ottawa River dried 
 up on account of the lack of rain, and favorite resorts of fish diminished as 
 the water receded and finally dried up. I personally noticed that as the 
 gravelly shallows became shallower bullfrogs Increased in numbers, attracted 
 by the multitudes of young fish upon which they feed. The young fish, in- 
 cluding bass, maskinonge, jackfish or pike, mullets, fallfish, catfish, sturgeon, 
 etc., crowded together, and died in large numbers, or were eaten up by frogs 
 and destructive reptiles. 
 
 On large sheets of water, like Lake of the Woods and along the Great Lakes, 
 such disastrous destruction of young fish would result on a vast scale, and 
 the Innumerable islands existing, with shallow bays and extensively gravelly 
 flats, would add to the destruction. 
 
 I may add that whlteflsh and trout, though naturally deeper water fish, are 
 very frequently found In Inshore shallows, which they resort to for the purpose 
 of feeding on minute crustaceans, etc. 
 
 Captain A. Johnson, of the Armstrong Fish Company, who gave 
 evidence at Kenora, stated that about $150,000 was invested in the 
 fi.«hing industry on the Canadian side of the lake.^ The total invest- 
 ment on the United States side, as furnished by Mr. Marschalk to the 
 consulting engineers to the commission is $79,950. 
 
 At the hearing in Kenora in 1915, it was stated that the Dominion 
 Government had built a fish hatchery at that place in 1914, at a 
 cost of about $60,000.2 
 
 For a number of years the Minnesota State Fish and Game Com- 
 mission has taken from the streams of the Lake of the Woods water- 
 shed, considerable quantities of pike spawn for distribution through- 
 out of waters of the state. The largest spawn-distributing station 
 on the watershed is at Tower, on Lake Vermilion. In recent years 
 the pike spawn has been taken at Pipestone Falls, at the outlet of 
 Basswood Lake; at the mouth of Ash River, on its entrance to 
 Kabetogama Lake; on Lac la Croix, and at several other localities. 
 
 In a statement given to Mr. S. S. Scovil, engineer of the Lake 
 of the Woods Technical Board, Ottawa, Captain Johnson has this to 
 say as to the effect of lake levels on the fishing industry in Canadian 
 waters : 
 
 1. That the lake should be kept at a stated level or regulated between two 
 fixed levels, but that no greater range than 2 to 3 feet be allowed. 
 
 1 Further public heaxings, 1915, p. 412. 
 'Idem, p. 414. 
 
FINAL BEPOBT OF THE INTBBNATIONAL JOIKT C0MMIS8I0H. 189 
 
 2. The reasoD given for thifl Is that aoy great floctuatlon in lake le?al 
 seriously endanger the future supply of flsb. 
 
 Most of the various kinds of fish caught In the lake spftwn In thallow 
 and If any extreme drop should occur In lake level after such apawn iM 
 deposited, then the spawn would be lost on being ezpoaed to the 
 Also, If the lake were kept at an elevation, aa stated above, then • grwtv 
 area of shallow water would be thrown oi)en for spawn beda. 
 
 Another efPect uf great fluctuation In lake level wonld be on pond net flahlng. 
 In this case the nets are designed for a certain depth of water, betaiir attaetadto 
 stakes set In a stated manner, and any great change In mter aorCnee to nay 
 one year would entail the setting of new stakes and nets, with a resulting 
 increase in expense. A great lowering of the water has been known to kill 
 thousands of fish, such as bullheads, which Inhabit the shaHow water of 
 marshes, etc. This ♦•ccurred during the year 1011. 
 
X.— NAVIGATION. 
 
 Transportation in the Lake of the Woods region was, throughout its 
 early history, synonymous with water transport. In fact, until quite 
 recent years waterways were the only thoroughfares of the region. 
 Railways were unknown, and the nearest approach to a highway was 
 an occasional and very limited trail through the wilderness. 
 
 The earliest means of water transport worthy of the name was the 
 birch-bark canoe of the Indian, and this was at once adopted by ex- 
 plorers and fur traders, the only important change being the building 
 of larger canoes than w^re generally used by the natives. Peter 
 Grant, of the North West Company, in his account of the Sauteaux 
 Indians,* and the fur trade in the Lake of the Woods region, has the 
 following description of the canoe of the traders, and how it navi- 
 gated these intricate watercourses : 
 
 The Northwest Ck>mpany's canoes, manned with five men, carrying about 8,000 
 pounds ; they seldom draw more than 18 Inches of water and go, generally, 
 at the rate of 6 miles an hour in calm weather. When arrived at a portage, 
 the bowman Instantly Jumps in the water, to prevent the canoe from touching 
 the bottom, while the others tie their slings to the packages in the canoe and 
 swing them on their backs to carry over the portage. The bowman and steers- 
 man carry their canoe, a duty from which the middlemen are exempt. The 
 whole is conducted with astonishing expedition, a necessary consequence of 
 the enthusiasm which always attends their long and perilous voyages. 
 
 It is pleasing to see them, when the weather is calm and serene, paddling in 
 their canoes, singing in chorus their simple melodious strains and keeping exact 
 time with their paddles, which effectually beguiles their labors. When they 
 arrive at a rapid, the guide or foreman's business is to explore the waters 
 previous to their running down with their canoes, and, according to the height 
 of water, they either lighten the canoe by taking out part of the cargo and 
 carry overland or run down the whole load. 
 
 It would be astonishing to an European observer to witness the dexterity 
 with which they manage their canoes in those dangerous rapids, carrying them 
 down like lightning on the surface of the water. The bowman, supported by 
 the steersman, dexterously avoids the stones and shoals which might touch 
 the canoe and dash it to pieces, to the almost certain destruction of all on 
 board. It often baffles their skill, when the water is very high, to avoid plung- 
 ing in foaming swells on the very brink of the most tremendous precipices, yet 
 those bold adventurers rather run this risk, for the sake of expedition, than 
 lose a few hours by transporting the cargo overland. 
 
 When they are obliged to stem the current in strong rapid's, they haul up the 
 canoe with a line, all hands pulling alongshore and sometimes wading through 
 the water up to their middle, except one man, who remains in the stern of the 
 canoe, in order to keep It In the proper channel; this part of their duty Is 
 always accompanied with much labor. When the wind favors, they always carry 
 sail, and in a fresh gale will generally go 8 or 9 miles an hour. 
 
 ^ Masson, Bourgeois de la Compagnie du Nord-ouest, 11, 313-314. 
 190 
 
Plate 43. 
 
 / 
 
 a, AMONG THE ISLANDS. 
 
 6, KENORA. 
 
FINAL BEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 191 
 
 A more detailed description of the birch-bark canoe is found in 
 Keating's narrative : ^ 
 
 We were divided into three baric canoes. Icnown by the name of "canos da 
 nord." Although these are made nearly on the same model, yet there !• great 
 difference In their speed, burden, soundness, etc., according to the tkiU meol- 
 fested in their construction.* A canoe of this kind is generally cooatmcted of 
 ribs of cedar bent so us to Impart to it its proper form, the ends belnf eecared to 
 band that forms the superior edge of the vessel, and acts as a gunwale; over 
 these ribs the birch t)arlc is laid in as large pieces as possible, gwitmllr so 
 that there shall be but two longitudinal seams, and two or three tnuwrerae; 
 between tlie t)arlc and the ribs very thin splints of cedar are placed, so as to 
 prevent the baric from splitting; ail the Joints arc sewed with long threads 
 obtained by splitting the roots of u tree called by the voyagenrs eptneile. and 
 wliich is probably a spruce. To this thread the term ioatap, nsed by ttm 
 Oiippewns, is applie<I by the Canadians; the seams as well as the cracks arp 
 covered with pitch (called by the Cblppewas peke) made of the gum of the 
 epinette ; this is applied hot and renders tlie canoe water-tight. In this manner 
 a little vessel is obtained, very well calculated for traveling on these waters. 
 Of it will carry a burden of upward of 3,000 pounds. • • • Those which we 
 nsed were 30 feet long by about 4 feet wide in the middle, and perhape 80 
 deep. A number of transverse bars serve to keep the canoe in its proper 
 The seats of tlie paddlers are suspended to the gunwale. The bow and 
 are sharp and turned upward. 
 
 Four main canoe routes were recognized between Lake Superior 
 and Lake Winnipeg, three of which led through Rainy Lake, Bai^y 
 Kiver, and the Lake of the Woods, and these three were in more gm- 
 eral use during the period of exploration and the fur trade. 
 
 The route first discovered was that by way of the KaminiAikwia 
 Kiver. As elsewhere mentioned, Jac(|ue0 de NoyoDf as aarly aa 1688, 
 iiiado his way by the chain of riverK and lakes leading up from the 
 KuminiHtikwia to the height of land and down the western alopa Cu 
 liainy Lake. La NoUo followed the tame route in 1717. TberMfWr 
 the KiiiiiiiiiHtikwia route seema to hate bean abandonad in faror of 
 tiiat liy way of Grand Portage, until the fonner waa radi«'«vi*rM(i by 
 Roderick McKenzie, of the North Weat Company, in 1798. 
 
 The first mention of the (irand Poitaga rottla ia **^*iiintil Uk a 
 letter by an officer named Pachot, who, ralHTinf to a piopiMail 
 trading establishment on Rainy l.«ke, aayt: **Tha beat routa to go to 
 the proi>oM!d estnblislunent would be by a small rivar 
 Neutokaogane (or Nantokougano), which is about 7 
 Kaministigoya." The small river namad waa thai now known aa 
 Pigeon River, and the route waa the afterward faoKNia Qraad Pbrtane 
 Routt. 
 
 The explorer La V^rendrye, or rather hia naphtw. La Jimatyo, 
 
 WAS the flint white man, of whom wa have any Imowladfi, to poddla 
 
 fn»m Lake Superior to Rainy Lake by way of the Grand 
 
 > Nurrstlft of aa Mapsemen to ifce 9 m un of at fetsw attee. iU t^ t»-W. 
 * Ho» also 9mm Uvort A Oumo Toyea* tmm mttmm** laf to 
 Msli^ulm llcUod. Ottawa, ItTt. p. 41. 
 
 1U8066— IT 18 
 
192 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 route. La Verendrye does not say in his journals why he adopted 
 this route, in preference to that by way of the Kaministikwia, of 
 which he must have had knowledge, but probably he had learned 
 from the Indians that it possessed advantages over the latter. In 
 any event, he and his men used it altogether during the many years 
 that he was engaged in exploring the great western country; the 
 same route was followed by other French explorers and traders down 
 to the close of the period of French rule in Canada; and it was 
 adopted l)y the British fur traders as their principal thoroughfare 
 imtil difficulties in connection with the international boundary drove 
 the officers of the North West Company to search for other routes 
 more to the north. 
 
 The history of the reopening of the original route discovered by 
 De Noyon is somewhat curious. Toward the end of the eighteenth 
 century, it having been found that Grand Portage, up to this time the 
 principal establishment of the North West Company, was on Ameri- 
 can territory, a determined effort was made to discover another route 
 farther north. Edouard Umfreville was sent to explore the country 
 west of Lake Nipigon in 1784, and actually found a practicable route, 
 which will be referred to presently. In 1798, however, Roderick 
 McKenzie, returning to Grand Portage from the West, accidentally 
 learned from a party of Indians of a water communication leading 
 from Lake La Croix to the mouth of the Kaministikwia. He fol- 
 lowed it to Lake Superior, and as a result the North West Company 
 moved its establishment from Grand Portage to the mouth of the 
 Kaministikwia, where Fort William was built in 1801. Up to the 
 time of McKenzie's discovery, or rediscovery, of the Kaministikwia 
 route, it seems to have been unknown to the North West Company.^ 
 
 The third route from Lake Superior to Rainy Lake, or Rainy 
 River, was by way of the St. Louis River. It is not known definitely 
 when this route was fii*st discovered, or used, but in an unpublished 
 memorandum by David Thompson, for many years astronomer of 
 the North West Company, and later astronomer and surveyor under 
 the sixth and seventh articles of the treaty of Ghent, he indicates 
 that the route by way of St. Louis River, Vermilion River, and Lake 
 Namakan, was a thoroughfare of the fur traders before 1783. A 
 later route led from St. Louis River through various lakes and rivers 
 to the Big Forks, and down that tributary to Rainy River. It is 
 referred to in Keating's Narrative^ and must have been in use at least 
 as early as 1807, as a detailed description of it is given in that year 
 by George Henry Monk of the North West Company, in his "Account 
 of the Department of Fon du Lac or Mississippi," an unpublished 
 manuscript in the archives of McGill University, Montreal. 
 
 ' Burpee, " Canoe Routes from Lake Superior to the Westward," Geographical Journal, 
 August, 1910. 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISBIOV. 193 
 
 These three routes, by way of tlie Kaminiiitikwia, Gnuid PotUkgt, 
 and St. Jjouis River, led to Rainy River and the Lake of the Woods. 
 The fourth route was farther to the north, and did not toadi Rainy 
 Lake or the Lake of the Woods. It ran from Lake Superior up the 
 Nipigon River to the lake of the same name, then westwani bj 
 various rivers and lakes to English River, and down that stream to 
 the Winnipeg River. It was discovered by Umfrenlle in 1784, and 
 although a practicable route, was never much used by the fur traden. 
 
 Having dosoribcd the three main routes that connected Lake Su- 
 perior with the Lake of the Woods, a few words may be said as to the 
 routes from the Lake of the Woods to Lake Winnipeg and the Red 
 River. The principal route was, of course, the SVinnipeg River. 
 which was generally used throughout the i>eriod of exploration and 
 the fur trade, in spite of the difficulties of its navigation. It appears, 
 however, from the Journals * of La Vf rendrye that he discovemi and 
 used to sonic extent another route from the Lake of the Woods to RmI 
 River, by way of Reed River and Roseau River. La Jemeraye and 
 one of the sons of La V^rendrye had followed the Winnifieg River 
 route in the winter of 1782-33, and built a fort near the mouth of that 
 river. A 3'ear or two later the elder I^ \Yrendrye discovered the 
 Roseau Ri\er route, but there is no evidence that he nuide much lur 
 of it, or that it was followed by later • ' -< or fur tTAdem 
 
 I'hese were the only water routes, but i waa for aont ymn a 
 
 land route lietween the Lake of the Woods and Re<l Rirer. In hU 
 R(>lMiit of 1H59,* S. J. Dawaon reoommended to the Canadian Qovtn- 
 MUMit the o|)ening of a road from Lae Plat (now Shoal Lalt% al the 
 wentem extremity of I^ake of the Woods) to the Rrd River, a dia- 
 tanre as ho stated of 01 1 miles. This reeoounaBdation was noi 
 adopted, but the so-called Dawson Road waa suhnqoeotly huUt fhun 
 thr nortlnv(<»(t angle to Red River. 
 
 All the water mutt*s east and west of the I^ilta of the Woods in* 
 vol veil many {MtrtageH, for which the bin'h Imrk canoe of the Indian 
 waN siMx-ially adaptinl. The method uf nirrying goods tnrr • |iarl 
 age, or " making a portage** as it was called, ia inlscaAingtjr de- 
 scribed by John Johnston > in his ** Aflcoant of Laka 3aparior **: 
 
 (^rryliit: ttiv miiM<«i, sooda. and provliJiMW tacroM ■ tartasel la tisat Igr 
 nmiiii of liiKhcr Mtmiw or ••—m-^ fh« mMdIv "^ •»»•«■»• •- ••..- -» .—• «•••.• ■« n^ 
 forvtMiHi tif tliv mrriii*. 'ulagrpk^ :'-»i«- 
 
 Ih9 rHtu, th<* Nrroiul U Uftiii orrr \h0 ImnI(1 aiwi iK^sMur*!. wiuf>«it i^inc <w (Iw 
 nrHt. himI. ihu« lotKhHl. tha ssfSfie, aa tbajr arv nin«tt. tr«4 air !•> ia» fit^ 
 vhi m m for a i1<nioiilt. whkli tbitf «all a pese. md watoa la larae psraapm at* 
 fntm 2 lo a ihUm mwri. TlUa tb«|r rsinat till Ihv wlMla l» ifaaie«t«aa; tim 
 ttwn iwC off for the miiiMv whirli lli«y rnrrf oa Hwlr i Si u aiai ra . TImt m s» 
 
 • " Joaraalu af U T iwa Sru r Ctaa#Ma 9mUtt9. 
 
 • n«ewt Ml nis iw« ii » ar «» ommmtv a n«i<a §.•»» i^ n it n m« ik» aMi an** 
 
194 PINAL BEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 on till night, only stopping once for their meal, and once or twice for lighting 
 their pipes. The packs are from 80 to 120 pounds weight, and he is not looked 
 upon as " a man " who can not carry two ; there are many who even take three 
 and outrun their fellows. This is the motle of carrying all over the Northwest ; 
 to the southward they use horses.' 
 
 It appears from the journals of Anthony Hendry, Matthew Cock- 
 ing, and others, that in their early expeditions inland from Hudson 
 Bay, the men of the Hudson's Bay Company, like their rivals of the 
 North West Company, made use of the Indian birch-bark canoe. In 
 1823, when Major Long and his party traveled through the Lake of 
 the Woods and Rainy Lake the Hudson's Bay Company was still 
 using canoes on those waters. Paul Kane traveled with a brigade of 
 Hudson's Bay Company canoes from Fort William to Lake Winnipeg 
 in 1845, but in returning the following year, the brigade from Nor- 
 way House to Fort Frances consisted of York boats,* which he de- 
 scribes as about 28 feet long and strongly built, so as to be able to 
 stand a heavy press of sail and rough weather. They often carried 
 80 or 90 packs of 90 pounds each, and had a crew of seven men — a 
 steersman and six rowers. The York boat was probably introduced 
 on the Lake of the Woods waters a few years before Kane's journey. 
 What was practically the same type of boat is described by Captain 
 Butler* in 1870 in his journey from Rat Portage to Fort Frances: 
 
 The boat in which I now found myself was a large, roomy craft, capable of 
 carrying about 3 tons of freight; it had a .single tail mast carrying a large 
 square lugsail, and also possessed of powerful sweeps, which were worked by 
 the men in standing positions, the rise of the oar after each stroke making the 
 oarsmen sink back upon the thwarts only to resume again his upright attitude 
 for the next dip of the heavy sweep. This is the regular Hudson Bay Macki- 
 naw l)oat, used for the carrying trade of the great fur company on every river 
 from the Bay of Hudson to the Polar Ocean. It looks a big, heavy, lumbering 
 affair, but it can sail well before a wind, and will do good work with the oars, 
 too. * * • My crew numbered seven hands. 
 
 These York boats, or Mackinaw boats, of the Hudson's Bay Com- 
 pany were therefore also the first sail boats on the Lake of the Woods. 
 Many years after another type of boat was introduced on the same 
 waters by the lumbermen, in the form of a scow. Archibald Blue de- 
 scribes some of these "wannigans," as they were known on Rainy 
 River. They were large scows covered over with lumber like shan- 
 ties and were used by lumbermen when driving logs in the spring, 
 and also by the Government road contractors for the cooks, being 
 moved down stream as the work progressed. A similar type of flat- 
 boat is used by the lumbermen of Maine and New Brunswick, and 
 is known as a " wangan " or " wangan boat." 
 
 1 Masson, " Bourgeois de la Compagnie du Nord-Ouest, II, p. 165. See also McLeod's 
 notes on portaging, in Peace River, pp. 57, 61. 
 
 - strongly built boats named after York Factory, one of the principal posts of tlie 
 Hudson's Bay Company on Hudson Bay. 
 
 "The Great Lone Land, p. 155. 
 
Plate 44. 
 
 a, LIFT BRIDGE ABOVR INTERNATIONAL FALLS. 
 
 6, KOOCHICHING FALLS DAM. 
 
FINAL BEPOBT OF THB INTEBNATIONAL JOINT COMMIS6ION. 195 
 
 The first steam vessels on Bainy Lake, Rainy Biver, and the Lake 
 of the Woods seem to have been built in the years 1871 or 1872. In 
 his narrative of Fleming's overland expedition of the latter year/ 
 George M. Grant says : 
 
 Eighteen miles, broken by two short portages, brought ns about mlddaj to 
 Uainy Lake. Here we were told, but as it turned out incorrectly, was tlw laM 
 Hteam launch that could t>e used on our Journey, as the two on Rainy Laka and 
 Lake of the Woods hod .sf>mething wrong with them. At 3 p. m.. at the cry of 
 " all aboard," our flotilla formed at once, the steam launch towing two lari» 
 bargees with the emigrants and their luggage, and the four canoes. • • • 
 By o'clock, we had made only 80 miles. Our steamer was small, tha flotillas 
 Mtretched out far, and the wind was ahead. * * * At Fort Frances tha bolls 
 of two Ktenmers, to be over 100 feet in length, for use on Rainy River and the 
 Lake of the Woods, are now being bullL 
 
 From Fort Frances the flotilla was towod down Rainy Biver by 
 another of the small steam launches built by the Canadian Govern- 
 ment. They stopped at the small post of the Hudaon^a Bty Com- 
 pany, known as Hungry Hall, near the mouth of the river, and then 
 crossed the Lake of the Woods to the Northwest Angle Inlet, A 
 thunderstorm on the lake forced the captain of the steam launch to 
 seek sholter in a small bay of one of the ialands. From the haad of 
 the inlet, Fleming's party made their way overland, by what w»» 
 known as the Dawson Boad, to Winnipeg. 
 
 From other sourcea it appears that thia aniall iiMun launch or tug, 
 the first to navigate the waters of tlie Laks of the Woods, wts oif 
 8 or ^ feet draft Her name, if she ever had one, has not flurivid. 
 In 1878 the Government built another anall boat for the hum 
 ice, and in the nme year constructed t more ambitious vssnl, t 
 wheeler, known as the Lad^ of ik§ LdbB^ with draft nf 8 fftsi, i 
 150. She ran between Fort Frmooes snd the Xortiiwest Aogisb la 
 1870 the first privately owned host on the Lake of the Woods was 
 built. She was called the 8p $ M hf tU , draft 4 fm. tonnafv abool tO, 
 and waa engaged for tome yesn in psawiger and freight trafle bs- 
 twcen Fort Frances, the Northwest Aagis, sad Bsl PMtags. TIm 
 SpoedwtU was wredrad on Wileya Reef in 1880. Fmm 1878 Nfakr 
 trafflo by stesmbost was opened to Portage Bay. In lii78 or 1888 
 the Canadian Government built the LU9 of $A$ Wmi^ a boat of the 
 porew-propeller type. She was portaged froin Namakan I^ake, aad 
 used in carrying supplies from Rat Portage to Asb Rapids and Big 
 Stooa Bay. Her draft was 4 feet, and tonnage 88 or 80. Two olbar 
 vessehi built about the aame time were the N, Modift and the fJhf 
 MeAyioy, The former, built and owned by Gapt Hooper, ran on 
 the same roots as tiie Spood^oU, Her draft waa &) feet, tmsji 
 about aa She was wrsokad shoot 1888 at numth of Rai^y Rlvw. 
 The latter was a side-whealtr of 7 or 8 foot draft and tonnage of 8T. 
 
 • Otms to Orasa. 90> 44-48. 
 
196 I'INAL REPORT OF TH?: INTERNATIONAL JOINT COMMISSION. 
 
 Her machinery was transferred from the Lady of the Lake. Slie was 
 used for toAving logs about the Lake of the Woods. She was renamed 
 Mary Ilatch in 1884, and changed to screw propeller in 1886. For 
 names and other particulars of boats launched since 1880, see Ap- 
 pendix. 
 
 These boats were used, some for passenger traffic, some for freight, 
 and many for both. Many have been engaged in towing lumber, 
 and quite a number of the smaller craft in connection with the fish- 
 eries. As a result of the mining boom in the Lake of the Woods 
 district a few years ago, many boats of small tonnage were put in 
 commission for the transport of supplies. Some idea of the local 
 traffic on Rainy River is gained from Blue's "Tour of Inspection in 
 Northwestern Ontario," ^ 1895. He descended the river in the Edna 
 Brydgea^ built that year : 
 
 The Edna Brydges left Fort Frances at 7 o'clock in the morning, and at 9.30 
 we got on board of her at Holmes's dock. Toward noon a windstorm came up 
 the river, which lncrease<l steadily in force until it became a furious sale. 
 There Is a fair anioimt of traffic on the river; almost every farmer has a dock 
 of hl8 own ; and wherever passengers or freight are to be taken on or landed, 
 the boat Is acconnuodating enough to call. But the wind and waves made it a 
 hard task on this trip, and repeated attempts had to be made In many cases, 
 before the boat could be brought in to tie up at the dock. It wiis 8.30 before 
 the mouth of the river was reachetl. * • ♦ The boat left for Rat Portage at 
 fi o'clock Saturday morning, with the wind still high. We took up a party of 
 excursionists from a fishing boat in a bay upon the east side of the lake, near to 
 one of the numerous sand banks there; and the water being only 6 or 7 feet 
 deep, with the waves rolling high, the keel of the Edna Brydgen bumped over 
 and over again upon the sand bottom. 
 
 The boat took nine and a half hours to make the trip from the 
 mouth of Rainy River to Rat Portage, the distance being given as 72 
 miles. 
 
 No survey of the question of transportation on the Lake of the 
 Woods and tributary waters would be complete without some con- 
 sideration of actual or projected schemes for the improvement of 
 navigation in these waters. In Sir George Simpson's "Journey 
 Around the World " there is a glowing description of Rainy River, 
 in which the writer offers this prophecy : 
 
 Is it too nmch for the eye of philanthropy to discern through the vista of 
 futurity this noble stream, connecting as it does the fertile shores of two 
 spacious lakes, with crowded steamboats on its bosom and populous towns on 
 its borders? 
 
 It has been said that the entertaining narrative of Sir George 
 Simpson's journey was actually written by Recorder Thorn, of the 
 Red River Settlement. However this may be. Sir George Simpson 
 found his very optimistic statements as to the adaptability to settle- 
 
 ' Report Bureau of Mines, Ontario, 1805, p. 167. 
 
FINAL BKPOBT OF TlIB INTBBHATIOHAL JOIHT COMMISSION. 197 
 
 raent of the Lake of the Woods country, as well as the western prairies, 
 rather embarrassing when he was calle<l upon to give evidcatv Ijt'fore 
 the select committee of the British Parliament on the Hud.son*s ilay 
 Company.* He was then in the position of defending the fur com- 
 pany, whose policy was to discourage settlement in their territories in 
 every possible way. When, therefore, passages from his book were 
 read to him, such as that relating to the Kainy River, he prompdj 
 stated that he had vastly overrated the importance of the r^on ee e 
 country for settlement. 
 
 The same select committee examined one William Kernagfaan, who 
 had something to say as to an ambitious project for the improTemeni 
 of navigation between Lake Superior and Red River. This wee in 
 1857. Kernnghan read an extract from a Chicago newspaper of that 
 year to the following effect : 
 
 In the senate of Michigan. General Cani prexeuteil the peCitione of Jean hn- 
 fever, Robert Mallon, and Alexnmler MoLaln, asking tor a QovcmiiMOt ezplaratkMi 
 and Hurvey of the I'igeon and .\rru\v Hivent, of Lake Su|)erior. nnil of the roate 
 from the nioutli <»f tliom> strenniK ur near ttieni to Uniny I^ke, un ibe L'uIIihI 
 States l>oundary lin«>. witli eHtltuAten of the cost uf M> loiprovtng by kxiu ojmI 
 canalM the conuiiutdcution lM*t\v«ou thmie watem nu aa to niaka a practlailM* 
 naviKatlun froui tlu> l/o\vt>r Ueil Itlver of tin* North vin I^ke Winnifirs to Luke 
 Sn|ierior. Tlivy n'preMrht liiat, ut a n*u»>ouai>ii* owt, tltv wliolv viUIvy ^ lb* 
 Hei\, AKMliiilMilm*. iind HnHkutHM>wan Uivem tiin he t^mnvctvil with tbe walani of 
 Ijike Su|>erlur. 
 
 The petit ioncra it nppcure were tlic owiiera of a line of steamboeu 
 plying on Lake Michigan and I. ^ r. 
 
 Other witneeeee before llic c4;l : . : ^ . •' evidence aa to tlie frtt»t* 
 bility of creating a navigable waterway IwCween f^tke Su|>erior and 
 Red River, some, la Colonel J. F. Crofton, favorable to the project, 
 and others quite the reverae. 
 
 Sir (jeorge Simiieon waa aakecl: 
 
 I)o any M>rluuM itractlcal dimmlilm «ir lni|M'«lhaMila «akM In maklnt Uiai 
 navlKiitlon. whirh you hnvi* irnvtfMti with yuur caaoe. a rrctilar (tmne ef 
 
 naviffation? 
 
 He auHwered: 
 
 I think there are Inaeperable dtOeelUea. tuikaa the Baak of Miglaad vert 
 vxiNMidiHi ufNin tlM> lni|«evenMnt of Ibe coeutry. Near ih» hvlaM of laial ibMv 
 Is iMi wuiiT : ilif rlvrr* ant ahonl ni^ Ike w^ll l« ba«t. I UUuk tW ♦lUfc n U ik e art 
 vwy ffr«<nt. 
 
 In hia re|)ort to the Canadian Oove r ninwt in IMM Mr. H. J. t)aw. 
 ran ' aeriottnly disctifteea the relative adrantagf* and prarticabilitr 
 of raiband-water rtmtcM betwi«4Mi l4tkc Su|)cnor and Rr«l River. 
 While admitting (he graai advMilaum of a railtK«y« he JiwniMW k 
 
 • Rrport trnm thr . , , maiiiiw •• Ik* naiiM'* Bay Omtmm$. Umtm. IMt. 
 
 • Report «■ Iho I • ■ DH«««« Ijik* aiieM'M ••4 M^ *■<«* 9»*tkmt^t, r * 
 
198 FINAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSIOl*!. 
 
 as premature in view of the cost and the undeveloped character of 
 the region. He recommends a combined rail-and-water route : 
 
 From the height of land portage (he says), where it strikes the Savane River, 
 to the northwest angle of the Lake of the Woods, the distance Is 304 miles, and 
 the total amount of lockage that would be required, 425 feet, being somewhat 
 less than that of the Rideau Canal.' By means of lock and dam, the whole of 
 this distance might be rendered navigable without a break, at comparatively 
 small cost, if wooden locks were adopted. The river channels between the 
 navigable sections are everywhere of rock, and generally favorable, for the con- 
 struction of such works as would be required. 
 
 With this extent of navigation might be connected the navigable water, east 
 of the Height of Land, having a length in Dog Lake and River of 35 miles. 
 
 When the dam now in progress in Dog Lake is completed, the difference in 
 level between the waters of Dog River and the Savane will be about 100 feet, 
 and a canal with locks by way of Muskaig Lake might be constructed to 
 connect the two. Lac dos Mllle Lacs would be the summit level, and it has 
 Bufflcient water for a canal both ways. This would give 350 miles of unbroken 
 navigation, approaching at its eastern extremity to within 25 miles of Lake 
 Superior, and at its western to within 90 miles of Fort Garry. 
 
 All the lockage required would cost less than would a railroad of 200 miles to 
 Rainy Lake, and it would be of vastly greater utility. 
 
 A short railway of 25 miles, from Dog Lake to Thunder Bay, would connect 
 the navigation with Lake Superior, while a similar work of 90 miles, from 
 For Garry to the Northwest Angle of the Lake of the Woods, would join it to 
 the Red River Settlement. 
 
 Thirty-eight years later, the question of the canalization of the 
 waters between Lake Superior and the Lake of the Woods was again 
 under consideration. At the meeting of the International Waterways 
 Commission held in Toronto in July, 1906,^ Mr. J. G. Sing, engineer 
 in charge of the Rainy River district for the Department of Public 
 Works of Canada, submitted a written statement in opposition to the 
 project of the Minnesota Canal and Power Company to divert the 
 flow of certain waters forming the boundary between the United 
 States and Canada. In his communication Mr, Sing says: 
 
 When we consider the vast energies and sums of money which have actually 
 been spent, and which annually are being expended, by nearly all countries upon 
 their internal waterways and canals, and when we consider also the chain of 
 waters connecting — through many portages, it is true — Lake Superior with 
 the west, it mipht be too hasty a conclusion for anyone to state that for naviga- 
 tion purposes, these waters might not be much improved. If such improvement 
 is ever to take place, might it not require all the water naturally shedding from 
 the territory through which this great waterway passes? Capitalists are re- 
 ported to have already proposed the canalization of the waters lying between 
 Lake Superior and Lake Winnipeg. In the particular territory under discussion, 
 railway traffic through Fort Frances and Kenora could be better regulated if 
 the v/atenvays nlong the international boundary were kept open for the best 
 water communication they were able to afford. * * * 
 
 1 Rideau Canal built between 1826 and 1832^ on advice of the Duke of Wellington, for 
 military purposes, from Bytown (now Ottawa) to Kingston on Lake Ontario. 
 'Reports of the International Watensvays Commission, p. 136. 
 
Plate 45. 
 
 CANAL AT FORT FRANCES. 
 
FINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 199 
 
 In siK-iikiiig uf llie canuliziition of the waters lietwcen Lake Superior aud 
 the Lnke of the Woods, I find, upon reference to the report of the eogtoeen 
 who made the survey, that there are 311 miles of navijcable waters between the 
 summit near Lalce Superior and the Lalte of the Woods, and by the proper 
 arrangement of a series of stop-log dams, and the construction of locks, these 
 waters can be fully utlllze<l for transportation pun>o8€«. The narlKStlon n 
 proposed would entail very little canal work, as the cutting would not amount 
 to more than 1 mile In the entire distance of 311 miles. In the development of 
 this route, there is, under the present natural conditions, plenty of water. If 
 conserved judiciously, for feeders, but it would not be safe to allow a dWendon 
 of any jwrtlon of the How In an opposite direction to that Intended by nature. 
 The total cost of opening up this route has bi^en estlmate<l at ?1,500,000 by the 
 engineers who made the survey. This waterway. If fully developed, wouhl 
 prove a safeguard against excessive rates being charged on any nillwiiys tlmt 
 might parallel it. 
 
 There is reason to suspect that Mr. Sing's estimate must have been 
 based on A-^ery insufficient data. 
 
 The Canadian Government at one time seems to have contemplated 
 tlie creation of some such system of waterways as outlined above, but 
 apparently abandoned the project when private enterprise under- 
 took to build the Canadian Pacific Railway * through the same ter- 
 ritory. As part of such a project the Government commenced in 
 the spring of 1875 the construction of a canal lock at Fort Frances 
 on the Kainy Kiver. This was practically completed, with the 
 exception of the gates, at the close of 1878. The works were discon- 
 tinued the following year, with the larger project, and the lock at 
 present is in temporary use as a waste channel in connection with 
 the power works of the Ontario and Minneeota Power Company. It 
 may be noted that in approving the plans of the Rainy River Im- 
 provement Company, the Tnited States corporation aneciated witll 
 the Ontario and Minnesota Power Company in the same power 
 project, the United States (Government rewrved the right to con- 
 struct a canal on the American side of the river, if that sboald 
 become desirable at some future time. 
 
 In a memorandum dated May, 1911, one of the engineer* of the 
 Public Works nepmiinent of Canada givc!< the cost of the canal oo 
 the Canadian side as $2S.s,27K.51, and adds: 
 
 If CfintpletcHi It would ufTorfl navlipitlon from the Uiility laiko water* to the 
 Ixins Hault Haplds. 40 u\\U^ In<Uiw Fort I'Vnncvii. TtosPllter with a lock at 
 (ho I^tng Satilt. which Is under couMlderiiiion. It would nfTonl navlgatton at all 
 tImcH bi^twciM) Unlny I^ikc nnd LiSke of the Wooda. a distance of aboni 180 
 
 UlllCH. 
 
 In regard to the project mentioned above, of a lock at the Ixing 
 Sault Rapids on Rainy River, a report 1^ Mr. J. W. Fraaer, an 
 
 •i'hnrirr vmnird by HooiIsHmi IMrllaMMt !■ 1SBI. 
 
200 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 engineer of the Department of Public Works of Canada, dated April 
 20, 1900, contains the following: 
 
 Rainy River * ♦ ♦ has been navigated for a number of years under diffi- 
 culties and dangers occasioned by the existence of two rapids situated about 
 midway of Its course, and by tlie shallowness of the upper stretch above the rapids 
 at low water. A number of boats and loaded barges have already been either 
 totally wrecked or considerably damaged In this river. The increasing ♦ • * 
 lias Impresseil this department with the importance of improving this stretch 
 of river, which forms part of a shipping highway extending from Rat Portage 
 on the Canadian Pacific Railway to Mine Center on Rainy Lake, a stretch of 
 over 200 miles. This navigation is interrupted only nt the falls of Fort Frances, 
 where a transfer of cargo has to be made. The Improvements contemplated 
 consist In the construction of a dam, between the banks of the river, at the 
 foot of the rapids to obliterate both of them, and raise the water level 2 feet at 
 the foot of the falls at Fort Frances ; and to maintain the communication by 
 tlie con.struction of a lift lock at the extremity of the dam on the Canadian 
 Ride. The lock Is to be built of concrete masonry ; and the dam of timber, built 
 to a sufficient height to raise the water level 11 feet at extreme low water. 
 
 In view of the fact that Rainy River is an international stream, 
 and that the project of a lock at the foot of the Long Sault Rapids 
 would involve the erection of a dam from the Canadian to the 
 American shore, the Canadian GoA'ernment referred the matter for 
 report to the International Waterways Commission. The United 
 States members of that commission feeling that they had no juris- 
 diction to deal with such a question, the report w^as made by the 
 Canadian section of the commission under date of December 18. 
 1907. In this report, after describing the physical characteristics 
 of Rainy River and the I^ong Sault and Manitou Rapids, the char- 
 acter of the works proposed to be built by the Canadian Government, 
 and the probable effect of the dam on the river above and below, the 
 commission concludes: 
 
 After considering the project no objection can be seen to the proposed im- 
 provement ; on the contrary it has much to recommend it. This section, there- 
 fore, respectfully recommends that the Canadian Government request the Gov- 
 ernment of the United States to grant them the permission to carry out the 
 proposed works.* 
 
 In an order in coimcil dated May 6, 1907, it was stated that the 
 Canadian Parliament at its last session had provided $50,000 toward 
 the commencement of the proposed work. All that remained, there- 
 fore, Avas to obtain the consent of the United States Government. 
 which, of course, was essential, as one end of the dam must rest on 
 American territory. 
 
 The question was brought to the attention of the United States 
 Government, through the British Embassy, in May, 1908. The War 
 Department reported favorably upon the project, but in a communi- 
 
 1 Compiled Reports of International Waterways Commission, 1905-1913, pp. 633, 634. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 201 
 
 cation from the United States Department of State, dated June 10, 
 
 1909, it is sjiid: 
 
 In response to a request for an opinion on tlie subject by the Attorney General. 
 I am advised by him that under existing congressional lofrislation no one is 
 authorized to frlve consent for the United States for the construction of the 
 dam in question, and that the dam can not be constructetl as proposed wltlMMtt 
 the consent of Congress. Among various modes of procedure it has been soc- 
 gested that the Canadian Government might undertake the construction of the 
 portion of the dam on the American side of the river through a corporation 
 organized under the laws of the State of Minnesota. 
 
 There the matter seems to have re^ed, so far as the two (lovem- 
 ments were concerned. Tlie suggestion contained in the letter of the 
 United States Secretary of State as to the possibility of the work 
 being carried on by a private corporation seems, however, to have led 
 to the organization of a company known as the Western Canal Com- 
 pany, incorporated by act of Parliament of Canada, dated May 19, 
 1011, chapter 149. By its act of incorporation the company is author- 
 ized to " constrtict, maintain, and operate a canal and navigable con- 
 necting channels from a point 5 milos east of Fort Frances on Rainy 
 Lake, by way of the Rainy River, to a point 5 miles west of the foot 
 of I.«ong Sault Rapids on the said river." It is also enii>owered to 
 ronstnict, maintain, and operate al! noces.sjiiy locks, dams, etc. The 
 proposed works must lie approved by the " Waterways Commission '* 
 (International Joint Commission), as well as the Minister of Rail- 
 ways and Canals of Canada and the (lovernor in Council. The Cans- 
 <iian (lovernment also reserves the right to take over the works al 
 any time on due oomi)ensatiou. 
 
 In its statement in respon.se to the nu i»f llu- Witio'i- 
 
 Island Boom Ctmipaiiy, filed with the It onal Joint Ctiitiiiii>- 
 
 sion in April, 1012, the Western (^anal Company stalnt tliat it b 
 seeking the necessary legislation from the Government of the Untttd 
 States and the State of Minnesota to complete its authuritation.* 
 Apparently, however, the company failed to Mvtire thin Icgialatiuo 
 from the Ignited States, or de<'iile<l, for other iTa««»nt«, to <lrop the 
 project. In any event, it took no stepa towani buililiiig a tlaiu or 
 lock at I.Kmg Sault. 
 
 In this connection it Mhoiild Ih.' noto<l that in the cuuceMtioiut tlic 
 Dominion (tovernment has grantcxl for |M>wer projecta on the Winni- 
 peg River, in the I'rovince of Manitoba, tlefinite prtnision hait bwn 
 made for the altenition of thesi> works to conform to a future canali- 
 /.ation scheme. Furthermore, the Ctovemnient in ita n>tnprehMiiiiv« 
 M'heuH' of power development nivcring that i>ortion of the river now 
 luuleveloped (which will be referrvtl t«» Inter under the diviaian of 
 power development) has provided a combined power and eanalbi* 
 
 > lH<rUtoii aiMi oitlvr of «ppr«iral Wainxm UImimI Bmmi Ciapaay* V^ >t. 
 
202 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 tion scheme. Not only, therefore, has it been provided that all exist- 
 ing works must be altered to conform to a future possible canalization 
 project, but that all new schemes must be constructed in such a way 
 that the navigation features of the river will be preserved. 
 
 In the several volumes of testimony taken by the commission in the 
 years 1912, 1915, and 1916 will be found a great deal of information 
 as to the interests of navigation on Kainy Lake, Rainy River, the 
 Lake of the Woods, and the Winnipeg River, and the effect on those 
 interests of the maintenance of various suggested levels in the Lake 
 of the Woods. Attention is particularly drawn to the evidence 
 offered on behalf of the Rainy River Navigation Company at the 1912 
 hearings. 
 
 Generally speaking, it may be said thfit steam navigation on the 
 Lake of the Woods, Rainy River, and Rainy Lake dates from the 
 building of the Dawson Road by the Canadian Government in the 
 early seventies, and developed rapidly through the eighties and nine- 
 ties as a result of a mining boom, the growth of the lumbering in- 
 dustry and fisheries, and the increase of population. Its decline may 
 be said to date from the opening of the Canadian Northern Railway 
 between Port Arthur and Winnipeg, which runs through this dis- 
 trict. Water transportation will no doubt revive again as the country 
 becomes more thickly settled and the demand increases for water 
 transport between points on the Lake of the Woods, Rainy River, 
 and Rainy Lake. 
 
 At the various hearings held by the commission in connection with 
 this investigation testimony was obtained from the engineers of the 
 United States and Canadian Governments as to works carried out, or 
 in contemplation, for the improvement of navigation in these waters.^ 
 
 From this testimony, as well as from the official records, it appears 
 that the Corps of Engineers of the United States Army has been 
 engaged for some years past in the improvement of Warroad Har- 
 bor and River and Zippel Bay on the south shore of Lake of the 
 Woods. In his testimony at Warroad in 1915, Major Ernest D. Peek, 
 of the Corps of Engineers, stated that the first item for improve- 
 ments at Warroad was inserted in the river and harbor bill in 1899 ; 
 that actual construction work commenced in 1902; has been in 
 progress continually since that date, and is now practically com- 
 pleted. The total expenditure, as given in the report of the Chief of 
 Engineers for 1915 (pt. 1, p. 1048) was $113,921.78 to June 30, 1915. 
 
 The work at Zippel Bay consists of a breakwater and dredging, 
 which was commenced in 1912, and up to June 30, 1915, has cost 
 {^28,554.91. • 
 
 1 Hearings re Levels of the Lake of the Woods, 1915, p. 35. 
 
FINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 203 
 
 Reports have also been made at various times on propoeed im- 
 provements at Amesen, on the south shore of the Lake of the Woods, 
 at the mouth of Rainy River, on Rainy River, and on Rainy Lftke, 
 but it was decided not to carry out any of these projects until condi- 
 tions would warrant the expenditure. 
 
 The improvements to navigation on the part of the Canadian 
 Government have consisted mainly of dredging at the mouth of 
 Rainy River. At the 1915 hearings Mr. F. Y. Harcourt, of the De- 
 partment of Public Works of Canada, stated that the total expendi- 
 ture by his department on dredging and other improvements in the 
 Lake of the Woods, Rainy River, and Rainy Lake, between 1907 and 
 1915, amounted to $270,858.84.^ 
 
 At the Kenora hearing in 1915 it was brought out in evidence that 
 the value of steamboats running out of Kenora amounted to 8(xne- 
 thing over $300,000. There are also about 450 gasoline launches on 
 the Canadian side of the Lake of the Woods valued at $320,000. The 
 investment in dockage at Kenora and Keewatin amounts to $185/)00. 
 
 There are at present three vessels of United States register plying 
 on these waters, the Explorer (gross tonnage, 18), built in 1910, and 
 KoochicMng (22), built in 1909, on Rainy Lake, and the Isabel (80), 
 built in 1910, on Lake of the Woods. 
 
 • llMrlDga re L»vi>la of the Lake of the Wood*. 1916. p. 4U. 
 
XI.— RECREATION. 
 
 It would be difficult to overestimate the value of the Lake of the 
 Woods and its tributary waters as a summer resort for tourists and 
 as an ideal resting place for tired city workers. Railway communi- 
 cation makes it conveniently accessible from Winnipeg, St. Paul, 
 Minneapolis, Duluth, Fort William, and Port Arthur, and even from 
 urban centers farther afield. The climate is ideal. The lakes con- 
 tain thousands of picturescjue islands on which summer homes may 
 be built; their waters offer a variety of game fishes; moose, deer, and 
 other wild life abound; and the tourist or summer cottager has at 
 his command every variety of boating. Many have already dis- 
 covered the possibilities of the region, and in the years to come very 
 many more will follow their example. 
 
 The progress of settlement has hitherto been so gradual that one 
 can still find in the Lake of the Woods the wild beauty and charm 
 of a spot utterly remote from civilization. There are innumerable 
 islands in the lake on which one might build a summer home, with 
 the certainty that no suggestion of the outside world would obtrude 
 itself uninvited. 
 
 Even the usually rather prosaic and unemotional fur traders were 
 impressed with the rare beauty of this lake of islands. Alexander 
 Henry, Sir George Simpson, and others who have left narratives of 
 their journeys through these v.aters, have united in praise of the 
 scenic and other attractions of the region. 
 
 Paul Fountain,* an English scientist, who crossed the Lake of the 
 Woods in 1865, says: 
 
 To reach llat Portage House we had crosseil the Ijike of the Woods, and 
 this was, to my mind, tlie most enchanting piece of water we liiid yet passed 
 over. Tlie tiiousands of islets tiiat crowd the l)os()ni of this laiie, roci<y and 
 clotlietl tldclily with pines, and trees of feathery foliage ; the bold, rocky 
 shores, rising to mountainous lieights, and reflected in the smooth, glasslike 
 waters, made up a scene that for beauty and sublimity I had not hitherto seen 
 the like of in this country. 
 
 W. F. Butler,* among later writers, gives the following description 
 of the scenery of the Lake of the Woods, a description which will 
 appeal to anyone who has traveled by water through this wonderfully 
 picturesque region : 
 
 That portion of the Lake of tlie Woods through which we now steered our 
 way was a perfect maze and network of island and narrow channel; a light 
 
 * The Great Northwest and the Great Lake Region of North America, p. 74. 
 " Great Lone Land, p. 156. 
 
 204 
 
PINAL BBPOBT OP THE INTERNATIONAL JOINT COMMISSION. 205 
 
 breeze from the north favortti us, and we passcU gently along the rockj iaiet 
 shores through uiirutllecl water. In all directions there oiwned out inuiuserable 
 channeiH, some narrow and winding, others straight ami open, bat all Ijrlns 
 between sliores clothed with a ricli and luxuriant vegetation; shores tlmt 
 curved and twisted into mimic bays and tiny promontories, that nm In 
 rocky masses abruptly from the water, that sloped down to meet the Uka In 
 gently swelling undulations, that seemed, in fine, to present In the ***«Tr*— 
 of a single glance every vtirying feature of island scenery. Looking throagb 
 these rich labyrinths of tree and niuss-covercHl rock. It was dUBoUt to 
 imagine that winter could ever stami> its frozen image u|)ou such a soft SUMMT 
 scene. The air was balmy witli the scented things which grow pnrfnsely opon 
 the islands; tlie watvr was warm, almost tepid, an«l yet deKpIte of this the 
 winter frost would cover the lake with five feet of ice, and Uie thick bmshwood 
 of the islands would lie hidden during many months beneath great <lepthii 
 of snow. 
 
 A quarter of a century earlier, R. M. Ballnntyne,* who was then 
 in the employ of the Hudson's Bay Company, crossed the Lake of the 
 Womls by canoe from Kat Portage to the mouth of Rainy River, 
 and it may be worth while to quote what this once well-known writer 
 lias to say of the scenery : 
 
 Tliere is iiotliing, I think, bftter calculiite<l t«> awaken the mors micmn 
 fet>lings of our nature (unless. Indeed, It be the thrilling tones of sacrsd 
 music) than tlH>M«' nuble lakes. sluddiHl with liuiuuierable Islets. 
 bursting on the traveler's view as he euiergvit fntui tlie somber foraat rlt 
 of the AmerU-an wiltlerneH-t. The clear unrultkit wnier. stretching OM Is 
 the horicou — li*Te embracing the lumvy and luxuriant f«>.'lafle a( a iHMMlred 
 wooded Isles, or reHectlng th« wooil-clad mountalus uu IIj« mu$lm» delhad !■ 
 all the varleimte«l hueM of autumn ; niwl tlien* gllitertug wltlt dawlJBg hrlllhUMgr 
 in the bright rays of the ev«*»lnu nun, ur ri|H*linic aBKMg the r eei l s and rwiMii 
 of mime shallow bay. where hundre«ls of wild fi>wl rhatter as ttwf fWd. with 
 varl(*d cry, rendering more n|itureiil nttlunr than illilurbUis ibv imlMnn MllltK«M 
 of the Hcvnc, nil temlM to "mine the i«»ul fMm nalun* np fo natntv** CJod.'* 
 and reminds one of the lienutlful |MHMitK«> «f HnrtiHiim "O |j«U ham HMll* 
 fold are Thy works! In wIimIoui linNt TIm>u niado ihvtu all; lb* earth Is fill 
 of Thy rlclion." 
 
 S. J. Dawson ' in his Ile|)ort on the Red Ri%«r Kxpadilioa, ISM, 
 
 iiIko has Homotliin^ to say aiNiiit tho Lake of Um Womb: 
 
 It would Im) dimcult to conceive anything wore bnattllfttl of Its kind Ihaa the 
 scenery of this lake. Nland<i rl««e In iiHitlniHiux eluMem and In etvcjr varlst) 
 of form. StwnetlmeM In imsiiliig llimuitb Ihetu i1m« |iruM|HKt svews enlUHr ahnt 
 In : M<N)n again It oimmim out ami through hMig viKtas a glanee Is riilalnatl «f aa 
 ocennllke expense, where the water meets tb» burtaun. Net a Insre of ctvUtaa* 
 Uon Is anywhere oliwrvable. but the Indiana are nttmsmas* and. ladnnl. iMa 
 lake seeuMi to In« their favtirlie rt*M»ri In HUtnmer. the wild rke on ll» tweder^ 
 and the flali which abound In Its wuiem. aUbedlag thaw aa eaior mnsM of 
 subalstenca, not to mention the malae whleh they po«r on the Wands. 
 
 > lliidma'i Bajr. pp. t71. ftt, 
 
 * itAWMB. Rtport OB til* RiploniliMn of ih* Cwmirr iM«w« tei» WifiKir •»» iw 
 U«h1 Ulvvr SvlllvSMSl. pp it >4 
 
206 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 In addition to its picturesque qualities, a certain romantic interest 
 is lent to the Lake of the Woods by its intimate association with the 
 Indians and their legends. 
 
 Says Butler : ^ 
 
 Among the Indians the lake holds high place as the favorite haunt of the 
 inanltoii. The strange water-worn rocks, the Islands of soft pipestone from 
 which are cut the bowls for many a calumet, the curious masses of ore resting 
 on the polished surface of rock, the Islands struck yearly by lightning, the 
 Islands which abound In lizards, although these reptiles are scarce elsewhere- 
 all these make the Lake of the Woods a region abounding in Indian legend and 
 superstition. There are Isles upon which he will not dare to venture, because 
 the evil spirit has chosen them; there are promontories upon which offerings 
 must be made to the manltou when the canoe drifts by their lonely shores; 
 and there are spots watched over by the Great Kennebie, or Serpent, who Is 
 jealous of the treasures which they contain. 
 
 Of the Indians of the Lake of the Woods, as they were in 1859, 
 S. J. Dawson has this to say : 
 
 They are a fine looking race, and If removed from the humanizing Influences 
 of civilization, they are also strangers to the vices which it brings. The men 
 are generally tall and well formed, and some of the women remarkably comely, 
 but they are not very cleanly In their habits, and there can be nothing more 
 suggestive of indolence than their mode of life, which, however, has one fea- 
 ture to recommend It In the entire exemption from care with which It seems to 
 be attended. Gliding in their light canoes from Island to island, basking in the 
 sunshine on some i)ebbly strand, and merely exerting themselves to an extent 
 sufficient to supply tlieir immetliate wants, the future affects them not and 
 they appear to be supremely happy; but the winter brings its troubles, and 
 they have then to betake themselves to the forests In single families, where, 
 having only game to depend upon, they are sometimes sadly straitened. 
 
 Peter Grant, of the Northwest Company, was present as a guest at 
 one of the religious ceremonies of the Chippawa, at their camp on 
 Rainy River, about the end of the eighteenth century, and has left a 
 curious account of what took place in his narrative, " The Sauteaux 
 Indians." The account is too long to quote, but will be found in the 
 second volume of Masson's I^e Bourgeois de la Compagnie du Nord- 
 Ouest, pages 358-361. 
 
 In a statement forwarded to the commission by the Kenora Board 
 of Trade, the following is said as to the tourist interests : 
 
 Tlie possibilities for the development of tlie tourist truffle on tlie Lake of the 
 Woods are almost unlimited. The beauty and general attractiveness of the 
 lake, with Its myriad Islands, are assets which compel the attention of every 
 visitor, and the number of people who frequent its .shores is increasing yearly. 
 During the past season (1913) the number of American tourists who came to 
 the lake was many times that of any previous year, and now that good railway 
 service is established at International Falls and Fort Frances on Rainy River, 
 and at Warroad, with all points to the south, the tourist traffic will increase 
 very rapidly. In a short time it will undoubtedly become the leading factor in 
 the trade of (liis section. 
 
 1 Great Lone Land, p. 159. 
 
PINAL REPOET OP THE INTERNATIONAL JOINT COMMISSION. 207 
 
 At the various hearings evidence was offered both as to the advan- 
 tages of the Lake of the Woods country as a tourist resort and home 
 for summer cottagers, and as to the extent to which Uiese advantages 
 had already been availed of, particularly by residents of the city of 
 Winnipeg. At the Warroad hearings in 1912, Mr. George A. Ralph, 
 drainage engineer of the State of Minnesota, said, in answer to a 
 question as to the importance of maintaining the navigability of the 
 Rainy River: 
 
 I believe it is very important. I believe the Lake of the Woods tn ttme to 
 come will be recognized as one of the beauty spots on the contioeDt, one of tbe 
 most beautiful lakes in America, and that it will attract tourists from all over 
 the world, and it will be highly important to keep open navlgatlOD on the Rainy 
 
 Ulver as far as Fort Frances. 
 
 At the Kenora hearing in 1915, Mr. S. S. Scovil, engineer of the 
 Lake of the Woods technical board, Canada, gave the commission 
 very full information as to the present extent of tourist traffic in the 
 northern waters of the Lake of the Woods, lie said that the tourist 
 beason covered about three months of the summer; that from 2^000 
 to 2,500 people, principally from Winnipeg, used the lake as a sum- 
 mer resort; that they occupied many of the islands and portions of 
 the northern shore ; that some of them lived in sommer cottages and 
 some in camps; that these tourists had already expended about a 
 quarter of a million dollars in launches; $191,000 in boathooses, and 
 $34,545 in docks. This was up to the cloee of the season of 1918. 
 To illustrate the almost illimitable poesibilitice of Che Lake of the 
 Woods as a tourist resort, Mr. Scovil pointed out that there were at 
 least 1(),(K)() islands in the lake available for summer hnnwe, only a 
 very small fraction of which were at prsnnt occupied. 
 
 Mr. Donald H. Currie, at the same hearing, teatiBed that the 
 tourist traffic dated back to about 1890. He alio mitionad that there 
 were two large summer oampa near Kenora, ona mainUuMd by the 
 Young Men's Christian Association and tlie othor bj the Methodist 
 Literary Association, both of Winnipeg. Thaj oampad on the 
 islands, and each had from 200 to 800 eampan throoghoat the fum- 
 mer season. The Canadian Pacific Railway eedi wedt throai^MNit the 
 season brought out about a thousand people from Winnipeg fbr the 
 week-end. 
 
 Further evidence as to the use of the Lake of the Woods and 
 waters flowing into and from that lake by tourisia wae obtained at 
 the 1910 hearings in Winnipeg. (See pp. 99T-861, and 976-881.) 
 The latter refers to a colony of campers on the Winnipeg Rivrr. 
 known as the Minaki Campers* Association. 
 
 In this connection, a few words may be said as to game antmaU in 
 
 the Lake of the Woods region. Of the larger wild game lh«* nxKiae 
 
 and red deer frequent the unsettled portiona. Caribou, ««lii>li is 
 108QM-17 — ^14 
 
208 PINAL EEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 found on certain of the islands of the Lake of the Woods and in 
 other localities on the Canadian side, are rarely found in the United 
 States. The fur-bearing mammals are numerous in the less fre- 
 quented areas and a considerable business in fur trapping is still 
 being carried on there. In Lake, Cook, and St. Louis Counties fur 
 farming has been undertaken by a number of individuals. The black, 
 cross and red fox, mink and skunk, are generally raised. This in- 
 dustry is increasing steadily and, utilizing land ill-fitted for other 
 purposes, will in time assume considerable proportions. 
 
XII.— POWER DEVELOPMENT. 
 
 One of the most important uses to which the waters of the Lake of 
 the Woods and the waters flowing into and from that lake have been 
 put, is the development of power. It is a fortunate circumstance that 
 this region, with its varied resources, should possess as well water 
 j)Owers capable of economical development to an extent of over half 
 a million horsepower. It is an equally significant fact that the use 
 of this power is no longer confined to the vicinity of the power sites, 
 but under modern methods of hifjh voltage transmission may be 
 used in connection with the industrial development of ninny com- 
 paratively remote communities. 
 
 As Mr. J. B. Challies, superintendent of the Dominion Water 
 Power Branch, says in a recent report: 
 
 Historically coosidered, the utilization of our power resources has posaed 
 through three distinct phases. The first pertained to the produetloo of power 
 directly und from natural sources as water and wind, and its use was oeceMarily 
 limited to their locution. Kurly manufacturing communities were coneeqiMntly 
 icroupcd about easily availiiblo wnter-power sites. This phase miglit be called 
 the wuter-i>ower period in manufacturinK Industries. 
 
 The second phase was charHctcriiuMl l>y the Krtulual development of tbe steaai 
 enflrine which rendered (wsslliie the utillzatiun of fuel ns n source of power, aJMl 
 at locations where It was requlrctl. DuriuK this |>eriod the derdopownt of 
 coal mines and the rapid extenHJon of railway Hystenis im|Mirted a treiueiHloM 
 stimulus to eommerclal and Industrial iMiten'rise. Proximity of water {towera 
 waa no longer the controlltug factor, and Industrial communlUce were aatal^ 
 Ilshed wherever avallahllity of raw muterlnl. labor, transpurtatlon fkcUlttea 
 market, and fuel iM>wcr would allow. 
 
 The third phase of iwwcr development In this country ayncbronlasa with Um 
 advancement of the art of hlKh-voltiiso tninsmlsNlon which penults tbe develo|>> 
 ment of jmwor xoneratod by water or by ateam at the most oonveiiieiit and 
 economical |K)intM, ami Its tranamlaalon many mllea away to tbe daelniHl lursikMi 
 of use, In a form adapted to a fraat variety and conTenlenee of nea. 
 
 With the exception of the water power developed on the iUin^ 
 Kivor, at the towns of International Falls and Fort FranoMi and 
 a nnniU^r of undeveloped aitee in the upper parte of the walenhad, 
 the bulk of the power, both developed and capable of devalopnent, 
 now under oonsiderntinn, lies on the Winnipeg Rirer, and therefa r e 
 Itotli "111 1.1,. the watershwl and entirely in Canadian territory. Since 
 the V u I >l I, the Dominion Water Power Branch haa been carryinf 
 on careful ixiwer surveys of the Winnipeg Bi?ar. Tlie rMiilte of 
 thes< . ,| in a teriet of valiiabla reporla 
 
 F^)l i' > t hat at nine dialinei powar iilat OB 
 
 MB 
 
210 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 the Winnipeg River, by means of suitable storage on its upper 
 waters, it is possible and economically feasible to develop over 
 420,000 continuous 24-hour horsepower. Of these nine possible 
 power sites, three are now under development, representing a total 
 power capacity of 200,000 24-hour horsepower. One site is com- 
 pletely developed by the Winnipeg Electric Railway Company on the 
 Pinawa Channel, and produces about 28,000 horsepower. Another 
 site at Point du Bois Falls, developed by the city of Winnipeg, pro- 
 duces at the present time about 25,000 continuous horsepower, but is 
 capable of extensions to a maximum of 77,000 24-hour horsepower. 
 Development at the third power site at Du Bonnet Falls, having a 
 maximum possible development of 95,000 24-hour horsepower, has 
 been commenced by the Winnipeg River Power Company. 
 
 There is therefore at the present time about 53,000 continuous 
 horsepower produced on the Winnipeg River, and transmitted for 
 use in and around the city of Winnipeg, which can, with the two 
 present plants and that at Du Bonnet Falls, be increased to 200,000 
 24-hour horsepower. The six remaining sites are under the control 
 of the Dominion Government, and can furnish a further amount of 
 24-hour power to a maximum extent of 218,000 horsepower. This 
 refers only to power sites on that portion of the Winnipeg River 
 l3dng within the boundaries of the Province of Manitoba. There 
 are, in addition, several important power sites on the Winnipeg 
 River within the Province of Ontario; that is, between the point 
 where the river empties out of the Lake of the Woods and the point 
 where it crosses the Manitoba boundary. 
 
 In the report already alluded to Mr. Challies indicates very clearly 
 the importance of the comprehensive system of development, which 
 the Dominion Government has in view, in connection with the Win- 
 nipeg River. It may be explained here that the water powers of 
 the Winnipeg River in the Province of Manitoba are controlled by 
 the Dominion, while those in the Province of Ontario are controlled 
 by that Province. 
 
 Mr. Challies says: 
 
 Development under the Immediate direction of the Government makes certain 
 the fullest possible utilization of the power possibilities of each stream, whereas 
 development by private enterprise almost invariably involves waste of natural 
 resources. Private capital is seeking the greatest possible immediate return 
 on investment and naturally confines its attention to the most concentrated and 
 easily developed portion of any stretch of a river. The least precipitous 
 portions of the river above and below a concentrated stretch involving a large 
 unit outlay in development are consequently apt to be neglected and perma- 
 nently wasted, because no other enterprise is likely or able to undertake the 
 subsequent development. On the other hand, the Government, with its greater 
 power and scope, can compel the construction of the more extensive works 
 necessary to develop to the fullest feasible extent so that every foot-pound 
 
r" 
 
PINAL EEPOET OP THE INTEENATIONAL JOINT COMMISSION. 211 
 
 of energy represented by the falling waters of the Province may be glY«D vp 
 when necessary to the service of man. 
 
 The prime reason for the exercise of Government authority orer Uw coo tr el 
 of stream flow for power development, is that under nx>dem aodal and tto- 
 nomic conditions, this step is necessary to insure the equal puUdpatlOB oC 
 all citizens in this form of natural wealth which is peculiarly tlM baHtafli 9t 
 the whole people. 
 
 The first power installation on the Winnipeg River* wu uiidar* 
 taken some 40 years ago at Pine Falls. Advantage was taken of 
 the rock and shore formation on the left river bank to blaii a powar 
 raceway for the purpose of carrying the headwater level to a lumbar 
 and shingle mill located some 900 feet below. A head of about 9 
 feet was available. No diversion was constructed in ocmnactkai with 
 the headrace, the natural shore line providing of itaelf all the iMili* 
 ties necessary in this direction. The mill was in oontinnooi optr> 
 ation for about 13 years, when it was <ihut down, and some 5 or 6 
 years later destroyed by fire. 
 
 Of the three sites under development the earliest is that of tha 
 Winnipeg Electric Railway Company on the Pinawa ChanneL Tba 
 hydroelectric development at this point was firrt ondartalnti bj tha 
 Winnipeg General Power Company, organised in 1901. Th« Winni- 
 peg Electric Railway Company ' was inoorponted in 1904, and amal- 
 gamated the interests of the Winnip^ Qeneral Power Conpany with 
 those of the Winnipeg Electric Street Railway Conpanr. The fMi- 
 eral scheme called for the diversion into the Pinawa Channel of a 
 portion of the Winnipeg River flow, by means of ditaniQa waits 
 across the main channel, and the coooentration and il etilo p waa l of a 
 40-foot head. Operations oo the eieamtioo of Iba dan aiwi lailnea 
 began in the spring of 1908, and the eooetmetioB of ihr plant ' 
 tically completed in June, 1906, at a eoit of appmximaidy 
 Transmission lines and substationa ware built, the length of 
 sion lines being 06 milei. Thapowar»tfa n i i t n dii <kU f idtoiib' 
 sUtions anddiiftribatad b thadtiaiof WInlpaf aid8l.B«lflM0.llM 
 towns of Transcona, Stony Mountain, and Staoewall, the rural ■•• 
 nicipalities of Fort Qarry, Assiniboia. Rait KUdooan, 8t Aadrtwii» 
 St. Vital, St. Pauls, Rockwood, and ia mipplWd in bulk to the West 
 Selkirk municipal plant. The immediate result of the inlmdurlioB 
 of hydroelectric power in Winnipeg was a rrdnetioo in the priee of 
 electric light from 90 cants |>er kilowatt hmtr to 10 casta per kilo- 
 
 » Maeh of tb« aatwlal Nlattas !• PMN* I h i Uh i •! •• im wi*»i|«« ai««* 
 toba ti takn from J. T. J«feail«% B^wt •■ tto m ^ m tpt 
 
 iBTOOtliatlODO. l»i(k 
 
 • DotalU M to tb« hyd r orto rt fte sliai aaS tfet MMaty aai 
 enterprlMo controllta bf Um Wl art pts 
 following docunifiil* : Rtport «• 
 
 •t Mq. : Appendix to Ukt of tbt WMSi n««H*«K, ff^ •• •« <m». I 
 Uto Lakt of the Woods: u4 tto BwHasi. t*ti, Itia^ aM ttic 
 
212 PINAL REPORT OF THE INTERN ATION^AL JOINT COMMISSION. 
 
 wafct-hour, and the base rate for power was reduced from 12^ cents 
 per kilowatt-hour to 6 cents per kilowatt-hour. The Winnipeg Elec- 
 tric Railway Company had up to the end of December, 1914, ex- 
 pended $10,788,782 in connection with its light and power supply. 
 The capital invested in industries owned by the same company 
 amounted at the same date to $20,585,974. 
 
 The initial hydroelectric development of the city of Winnipeg^ 
 at Point du Bois Falls was commenced in 1909 and completed in Oc- 
 tober, 1911, at a cost of $1,857,000. Since date mentioned, three new 
 7,000 horsepower units have been added to the plant, at a cost of about 
 $500,000. In addition, the city had expended for the construction of 
 a tramway line in connection with its power plant, $522,000; for a 
 telephone system, $43,000; for transmission lines and terminal sta- 
 tion, $920,000; for real estate, $264,000; for its distribution system, 
 $2,545,000; and for conduits, $345,000, making a total of about 
 $7,000,000. 
 
 The third power site under development, that at Du Bonnet Falls, 
 by the Winnipeg River Power Company, has not yet been developed 
 beyond the clearing of the site, the building of a railway and some 
 other preliminary work, at a cost up to September, 1916, of about 
 $225,000. The estimated cost of the completed works is about 
 $6,000,000. The site is about 65 miles from Winnipeg, and the pro- 
 posed scheme of development will ultimately concentrate there a 
 head of 56 feet, made up of the Grand Du Bonnet Falls, the Little 
 Du Bonnet Falls, and the Whitemud Falls. 
 
 In a statement filed by the superintwident of the Dominion Water 
 Power Branch at the 1916 hearings in Winnipeg, the total capital in- 
 vestment in industries in the Greater Winnipeg Water District, and 
 directly dependent upon Winnipeg River power, is given as approxi- 
 mately $170,000,000. This invested capital represents an annual pay 
 roll of about $24,000,000, with about 30,000 persons directly engaged 
 therein, and a total annual product worth over $135,000,000. This is 
 the result merely of the two existing developments — that is, the com- 
 plete development of the Winnipeg Electric Railway Company in the 
 Pinawa Channel, producing about 28,000 horsepower, and the partial 
 development of the city of Winnipeg at Point du Bois Falls, pro- 
 ducing at the present time about 25,000 horsepower. As already 
 stated, the nine distinct power sites on the Winnipeg River in Mani- 
 toba are estimated to offer a total development of over 420,000 con- 
 tinuous 24-hour horsepower. 
 
 In addition to the water power sites on the Winnipeg River in 
 Manitoba, there is also one at White Dog Rapids, in that portion of 
 
 * Details In connection with the city of Winnipeg's plant at Point du Bois Falls will be 
 found in the Report on Winnipeg River Power and Storage Investigation, pp. 148 et seq ; 
 Arguments re Levels of the Lake of the Woods, pp. 29 et seq. ; and the Hearings, 1912, 
 1915, and 1916. 
 
FIBTAL KEPOBT OF THE IKTERXATIOKAL JOINT COMMISSION. 213 
 
 the river which lies within the Province of Ontario. It was stated 
 at the 1916 hearings in Winnipeg that there is a possibility of de- 
 veloping a head of about 45 feet at the White Dog Rapids. This 
 water power is controlled by the Hydro Electric Power CommiasioD 
 of Ontario. 
 
 Although in time local markets may develop for some of these 
 water powers on the Winnipeg River, it is altogether likely that the 
 city of Winnipeg will continue to absorb the larger part of the avail- 
 able energy. At the present time, in addition to the 22fi00 horse- 
 power steam auxiliary of the Winnipeg Electric Railway Oimpany, 
 there is a total installation of 81,000 hydraulic horsepower on the Win- 
 nipeg River. Allowing for generating, transforming, and transmis- 
 sion losses, this latter quantity becomes appro.\imately 63,000 hone- 
 power at the switchlxjard in Winnii>eg. The total peak load in both 
 the city and railway systems in 11)13, 1914, and 1915 wss 51^M)0| 
 55,400, and 58,200 horsepower, respectively. It is evident that the 
 present installation, without the steam plant, will in another year be 
 taxed to its full capacity. 
 
 The city of Winnipeg in 1914 had an estimated populatioo of 
 210,000 inhabitants. Assuming that the same rate of growth will 
 hold in the future as in the past, Winnipeg in 1948 will have a |>opu- 
 lation of 800,000. The present consumption of |)ower in Winnipeg 
 rises during peak load to 200 hor»e|>ower per 1,0U0 inhabitants, or 
 an equivalent continuous use of 140 honiepower [>er IpOO, A |M>pu- 
 lation of 800,000 in 1948 would on this basis require about 900^ 
 horsepower for peak load distribution. This would mean a develop- 
 ment of, say, 22&fi00 peak loetl hontepower on the river, from whieb 
 140,000 continuous horsepower at the turbinee would be obtained. 
 With the present low-wator flow of 12,000 c. f . s. in the Winnipeg 
 Bivor, a continuous |)ower of 2M/)00 hydraulio hon^pover woiUd 
 be availsble if all of die sites in Manitoba were devdojwd. With a 
 regulated dependable flow of 90,000 c f . s. in the Winnipeg Riv«r, a 
 continuous power of 420,000 hydraulic horeepower woidd be avail- 
 able. At the present rate of consumption of power thert wwdd be 
 oonsidernble |)ower remaining for other usee in the surrooiidtalglwil* 
 tory in 1948. Assuming, however, that the per capita rate of eQB- 
 sumption will incrosae as rapidly as in the pkt^ few jrenm, the iwioiie- 
 ments of Winni|H*g at that time would practioallj abeorb ell the 
 available |>ower. 
 
 Up to tho time lii li in. prt^wiii loM-Mai«r flow of l%fiO0 o. f . t. ie 
 fully utilir^Ml by any of the exiatinfc plants, ngttlatioB of the Ltki 
 uf tho W<hkI.x in not i fur power purpo««. At that UoMi 
 
 however, with »> .,, ibe low-water flow, it would lieoone 
 
 necoisao' for < y to either develop another tite, inetell a 
 
 steam auxiliary, or 8uffer a curtailment of bwiiMaL The building 
 
214 FINAL BEPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 of a steam auxiliary or another hydraulic plant would entail a heavy 
 overhead charge, and require an increase in rates to electrical con- 
 sumers. On the other hand, if with the same dam and head works 
 an additional dependable supply of water would allow of the instal- 
 lation of further turbines and generators, the overhead charges 
 would be proportionately lessened, and, therefore, a decrease in 
 power rates would result 
 
 When the extremely low rates charged for power to domestic and 
 commercial consumers in Winnipeg are considered, the cause of the 
 phenomenal increase in the rate of consumption of power is self- 
 evident. The future development of its industries, therefore, depends 
 upon an unlimited supply of cheap power, and that can not be pro- 
 duced by steam plants because of the excessive cost of coal. Theo- 
 retically the minimum rate for power can be obtained at any one 
 site under present conditions when the largest dependable flow possi- 
 ble is available and fully developed at that site. 
 
 If the cheap supply of water power for Winnipeg is to be con- 
 tinued in the future, this must be done by proper regulation of the 
 English River and the Lake of the Woods, regulation of the former 
 being an internal matter for the Dominion of Canada to decide. 
 The feasibility of the regulation of the latter for benefiting this 
 power depends on the relation of the benefits accruing to the pro- 
 I^rietors of these plants and the cost of obtaining such regulation on 
 the Lake of the Woods, Rainy Lake, and the upper reservoirs. 
 
 Apart from those considerations which involve the preservation 
 of the rights of the various interests, large or small, affected by the 
 levels of the Lake of the Woods anjd the outflow from that lake, it 
 would appear that the paramount question is the economical develop- 
 ment of the very important water powers available on the Winnipeg 
 River below the outlets of the lake. These water powers are not 
 directly affected by the level of the Lake of the Woods, so long as 
 they secure adequate range in lake level to permit of satisfactory 
 equalization of outflow. 
 
 Under natural conditions, as elsewhere mentioned, the Lake of 
 the Woods discharged its waters into the Winnipeg River through 
 two main outlets, the larger known as the western outlet and the 
 other as the eastern outlet. In addition to these two natural outlets 
 there are three artificial channels. The position of these five outlets 
 will be clearly seen by reference to Plate XIX of the volume of 
 plates in the report of the consulting engineers. Reading from east 
 to west, the first is the eastern outlet, now completely closed, and 
 controlled by the Kenora municipal power house. The second is the 
 western outlet, controlled by the Norman Dam. The third is the 
 artificial channel at Keewatin, controlled by mill C. The fourth is 
 
J^Lxn *». 
 
 4i I I III 
 
 a, WINNII'KC KLKCTKIC K.\II.WAV I'oWKU IM.ANT. 
 
 h, POWRR HOU8K, PINAWA TUANNKU 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 215 
 
 the artificial channel at Keewatin, controlled by mill A. The fifth 
 is the headrace of the old Keewatin Lumber and Milling Company at 
 Keewatin. The three artificial channels have been cot through the 
 narrow rocky ridge separating Portage Bay from that portion of 
 the Winnipeg River known as Darlington Bay. 
 
 Taking these outlets in the order named, the eastern outlet is a 
 narrow gap in the rocky ridge separating the Lake of the Woods from 
 the Winnipeg River. In its natural state a waterfall existed here, 
 known at Kahkahkeewitchewon, or Steep Rock Fall. In 1887 the 
 Hudson's Bay Company secured title to the land along the easterly 
 shore of the outlet. In 1892 the company leased certain lands at the 
 outlet for the development of power, and a small power house was 
 constructed. In 1902 the town of Kenora purchased the power plant 
 and expropriated such lands as were required for the development 
 of the power at the outlet. In 1906 the present power house wag 
 built and the channel was enlarged to allow an ultimate development 
 of 5,800 horsepower, at 80 per cent efficiency for a 17-foot head. 
 The total amount expended by the town of Kenora in acquiring and 
 developing the power site at the eastern outlet is $593,000. 
 
 As mentioned earlier in the report, a timber dam, known as the 
 Rollerway Dam, was built in the western outlet in the winter of 
 1887-88. This was practically a submerged weir, and was used as 
 a means of regulating the waters of the Lake of the Woods. In 1891, 
 an agreement was entered into between the Keewatin Lumber and 
 Manufacturing Company and the Province of Ontario for the con- 
 stniction of a regulating dam and power development on the weatern 
 outlet. Two years later the rights were tran«<ferred to the Keewatin 
 Power Company. The dam, known as the Norman Dam, wa» com- 
 menced in Noveml)cr, 1893, and completed in 1898. In that jrear the 
 Province of Ontario entered into a supplementary agreement with the 
 Keewatin Power Company, with the object of utilising the Norman 
 Dam for regulating ptirpones in the interests of navigation, the con- 
 trol of the regulating works to be in the hands of the Department of 
 Public Works of Ontario. Provision was made in the a g ree ia e n t for Hm 
 termination on one month's notice in case the compenj ■hoidd require 
 the dnm for power purposes. In that event, it would be the duty of 
 the company to maintain the water nt onlinary summer lerel in the 
 interest.H of navigati<m. This agretMncnt is .still in force. In 191S, the 
 Keewatin Power Company secured a release from the ProTince of cer- 
 tain conditions of expenditure under the agreement of 1891, vis, that 
 they were to expend the sum of $250,000 in the creation of a water 
 power on the weetem outlet, of which amotmt $160,000 were lo be ex- 
 pended within a perio<I of three years from the date of the agree m ent 
 The company have actually expended $127,000 on the works. Up to 
 
216 FINAL BBPOBT OF THE INTEENATIONAL JOINT COMMISSION. 
 
 the present time no power development has been undertaken in the 
 western outlet.^ 
 
 The first cutting through the rock ridge separating Portage Bay 
 from Darlington Bay, at the site of the Lake of the Woods Milling 
 Company's mill C, was made about the year 1881, power being devel- 
 oped for the operation of a sawmill. The property changed hands 
 several times, and finally came into the possession of the Lake of the 
 Woods Milling Company, 1907. 
 
 The cut through the rock ridge at the point where mill A is located 
 was made by the Lake of the Woods Milling Company in 1887, and a 
 power house was built at the lower end of the cut in Darlingt<m Bay. 
 At the Winnipeg hearings, a statement was filed by the Lake of 
 the Woods Milling Company, giving the value of their property in 
 connection with mill A as $1,980,000, and in connection with mill C 
 as $1,104,000, or a total of $3,144,000. The company's average yearly 
 pay roll is given as $250,000, and the yearly value of products manu- 
 factured, about $15,000,000. They are using at present (1916) from 
 8,400 to 3,700 horsepower, and are gradually increasing the capacity 
 of mills A and C, expecting in time to utilize the full installation of 
 5,700 horsepower. 
 
 The power house and headrace of the Keewatin Lumber and Manu- 
 facturing Company, at the extreme westerly end of Portage Bay were 
 built in 1879, and this was therefore the first power development in 
 connection with the outlets of the Lake of the Woods. The power de- 
 veloped at this site was used for the operation of a sawmill and a 
 planing mill. The former was destroyed by fire in 1905. Since 
 1906 the entire plant has been closed down. 
 
 The only present power development on Rainy River is that at the 
 falls between the towns of International Falls, Minnesota, and Fort 
 Frances, Ontario. These falls, about 2^ miles below the outlet of 
 Rainy Lake, have been known at different periods as Chaudiere 
 Falls, Kettle Falls, Alberton Falls, Grand Falls, and Koochiching 
 Falls. Before the building of the dam there was a natural drop here 
 of about 22 feet. 
 
 As early as the year 1873 Mr. S. H. Fowler, of Fort Frances, who 
 had already been on the ground for several years as a squatter, ap- 
 plied to the Government of the Dominion of Canada for the sale or 
 lease of 100 acres of land at this point to be used as the site of a mill, 
 and also for the lease of 100 square miles of timber limits on waters 
 flowing into Rainy River or Rainy Lake. 
 
 • For further details as to the western and other outlets from the Lake of the Woods 
 and the works constructed thereon see Report of Consulting Engineers, text, pp. 128 et 
 seq. ; Winnipeg River Power and Storage Investigation, pp. 163 et seq. ; and the Hearings, 
 1912, 1915, and 1916. 
 
PINAL KEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 217 
 
 On the 5th of March, 1873, an order in council was paawd by the 
 Dominion Government giving Fowler permission to build his mill, 
 and promising favorable consideration of his application for land 
 at the falls and a timber limit, so soon as the Indian title had been 
 extinguished. Mr. Fowler weut ahead and built his mill and a 
 flume to convey water for power purposes from the river. He again 
 applied for permission to purchase the land on which his mill had 
 been built, and for a timber license. 
 
 In October, 1873, another order in council was passed sanoiioniiig 
 the lease of 73^ acres, and a timber license for 60 square miles. This 
 sanction was made subject to any right of the Indians to a reserve 
 at the falls; also to the right to take any portion of the land for public 
 purposes; and further to any rights of the Hudson's Bay Company 
 under its deed of surrender. The area of the timber limits was tx,- 
 tended the following month to 100 square miles. Owing, however, 
 to the conflicting claims of the Dominion and Ontario to tlie terri- 
 tory in which the lands proposed to be leased lay, it was not until 
 1881 that the Dominion Government granted Mr. Fowler a lease to 
 two parcels of land, one north and the other south of the canal, with 
 the privilege of erecting a dam at the head of the canal, and a bridge 
 across the lock. This apparently was never done. The lease was 
 canceled by order in council in 1893, and the mill was sultsequently 
 destroyed by fire. Fowler's mill represented the first use of the 
 water of Bainy River for power purposes. 
 
 Between the last-mentioned date and IIMM), a nunilter of applica- 
 tions were made to the Dominion Ciovernment for authority to utie 
 tlie water power at Fort F renew, or portions of it, but oolj two 
 contemplated a development at all comniensurete with the cspttcily 
 of the falls. One of these appliirutions was on l>«l)alf of Uic lOiVB W 
 Fort Fniiices, which hubmitte<l a scheme for the dsvtlopaMll of 
 power and the setting apart of mill sites. The plan ooRtempltled 
 the construction of a flume from a point above the falls to a point 
 below tluMii, and running along Frtmt Street, in the town of Fort 
 Fraud's, the niill niles to l>e laid out on the itoutii side of the ttlUDS. 
 
 The other application vms made by a group «of AflMlMmii dpitAl- 
 iKts, who had already acquired lands on the south Side of the river 
 and obtained the authority of the IJniteti States Govenmient for 
 dauuning the river at the falla. As their plans, however, iwitMa 
 l>lateil a largi^ i>ower development, necessitating a dam ole«r tcnm 
 the stream, it \Yas necessury tliat they should obtain the authority of 
 the Canadian (iovernnienU There the nmtter rastsd for sewnl 
 years. Nothing further was heard of the scheme advmiMMi bj Hit 
 town of Fort Kninces; and the American intorwts wart appMrnllf 
 not prepared to go on with their project until there was 
 
218 FINAL EEPOBT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 ance of transportation facilities for the products of the industries 
 they proposed to establish. 
 
 In the year 1904, however, they entered into an agreement with the 
 government of Ontario by which they acquired the water rights on 
 the Canadian side. This agreement was subsequently replaced by 
 one made the following year. Both agreements provided for the 
 construction of a dam from shore to shore of this international 
 stream and for the development of power on the Canadian side. The 
 same year the applicants, now incorporated as the Ontario and Min- 
 nesota Power Company, obtained an act from the Dominion Parlia- 
 ment confirming its right to develop power at Fort Frances. In 1906 
 the company obtained an act from the Legislature of Ontario. In 
 1910 another agreement was entered into between the Province of 
 Ontario and the Ontario and Minnesota Power Company permitting 
 the temporary diversion of the power generated on the Canadian side 
 for use on the American side of the river. This agreement was con- 
 firmed by an act of the Legislature of Ontario of 1911. In 1912 an 
 act of the Ontario Legislature was passed empowering the Ontario 
 and Minnesota Power Company to expropriate land for a paper mill 
 in connection with its power works at Fort Frances. 
 
 The parties on the United States side, who had acquired the lands 
 on that side of the river, were incorporated first as the Koochiching 
 Company, and later as the Rainy River Improvement Company. By 
 act of Congress in 1898 they obtained authority to build a dam and 
 develop water power on the United States side. The time allowed for 
 the construction of the dam was extended from time to time by subse- 
 quent acts of Congress, the last being in 1908. It may be noted that, 
 on account of the fact that the dam at this place extends from shore 
 to shore of an international stream, it was deemed desirable that 
 legislation should be obtained from both the United States Congress 
 and the Canadian Parliament. In addition to the two companies 
 mentioned, the Ontario and Minnesota Power Company and the 
 Rainy River Improvement Company, there is also the Minnesota and 
 Ontario Power Company, which is in the nature of a holding com- 
 pany for the other two. There is also on the Canadian side the Fort 
 Frances Pulp and Paper Company. 
 
 It appears from a statement at the Winnipeg hearings in 1916^ 
 that the average total power developed during the five or six years 
 that the dam has been in operation is approximately 20,000 continu- 
 ous horsepower. The dam furnishes a head varying from 24 to 34 
 feet. The power is used for the operation of pulp and paper mills. 
 These industries furnish employment for about 4,000 men. The total 
 amount invested in the dam, power houses, mills, etc., on both sides 
 of the river is approximatelj' $10,500,000. 
 
 1 Lake of the Woods hearings, 1916, pp. 389 et seq. 
 
Platk 50. 
 
 u 
 
 
 EftMKfe^ 
 
 ^^m^g^ 
 
 ■iP'^^'* 
 
 ttHtJMt^tKK^'^^^ff^^^^^^^^ 
 
 W^^_ • 
 
 ^* . Ve^* "JIIH 
 
 m0f^^'.. '^ '^:: 
 
 jr-^T ^^^^J 
 
 r 
 
 ^^ji^r-^^^^^^^l 
 
 0, .SEVEN 8I8TEKS FALLS, WINNII'EO KIVEK. 
 
 6, SILVER FALLS WLNMl'KG KiVEIl. 
 
PINAL REPORT OP THE INTERNATIOKAL JOINT COMMISSION. 219 
 
 In addition to the above-mentioned water power, there is also an 
 undeveloped water power at the Long Sault fiapids, in Rainy River, 
 about 40 miles below International Falls. The consulting rnginffiwi, 
 in the text of their ref>ort (p. 226), state that a 10 to 12 foot 
 development at the Long Sault would appear reasonably 
 Such a development would produce an average of about 9,000 hora5> 
 power. As already mentioned in connection with the subject of trans- 
 portation, it was proposed some years ago to build a dam and lock at 
 the Long Sault, primarily for the improvement of navigation. 
 
 At the Kettle Falls, where the waters of Lake Namakan are di»> 
 charged into Rainy Lake, the Rainy River Improvement Company, 
 completed, in 1914, two concrete and masonry dams,* with the object 
 of securing additional storage on Lake Namakan. One of theee, like 
 that at International Falls and Fort Frances, crosses the interna- 
 tional boundary. The other blocks the Canadian channel. 
 
 Above Rainy Lake, along the international boundary and in both 
 countries, are a number of power sites at which smaller quantitaee 
 of ix)wer may be utilized as the future demand for electric energj 
 increases. Of the smaller power sitt« in Canada, very little informa- 
 tion is at present available, yet it is not hniking too far into the 
 future to see these powers used for local purposes, fur mining per- 
 haps, or for eleotriHcation of |)ortion.s of the throe trnnaoontimntal 
 railways which pass through or near tlie Lake of the Woodf water- 
 shed. 
 
 On the United States side of the upper waterdied area, • narkat 
 is already in exist4>nce for all the available water powera. Ahhoogb 
 the cities of Duluth, HufMBrior, and Two Harbora, with a 
 population of 150,000, an* within a din^ct dtatance of 100 miles 
 these powers, one nee<l l<M>k no further than the great troo 
 which lie partly within or directly contiguous to the wateniied 
 south of Vermilion Lake. These undeveloped powen Us williiB a 
 radius of from 3.*» to 65 miles from the ouitar of tha 
 Along the international lN)undary, at three aitea beti 
 and Namakan Lakes, an average of epproxtmataly 90,000 how 
 power may l)e developed, while at four aitea on tha VvBiUoo Bivar 
 and one on the Kawishiwi River a total average of abowt ^jOOO hmm 
 power may Ih> ol>taine<l. In fact, the Kawishiwi River Powar Oan- 
 pany has already l)een organized to build a plant at this latlar 
 Certain of these power aites mustf of couree, await further 
 and development l>efore dama, plants, end tranaiuiwtun linea ean ba 
 economically constructed, yet eventually this power will be mahily 
 consnuMMl in mining operations on tlio range, and for domeatic and 
 niuiiiripiil us«<. 
 
 • riiinr ilniii*. nx nill iiii tlin tiKrriiiitloliiii : VMMM DkM. tW ««|lir f ■»€ 
 
 4«T«lop«d U>tr«. and lh« p«p«r aad pulp bUU Iu both towa* u« roatr^lwl iNr Ito mm» 
 tutumbt. 
 
220 FINAL REPOET OP THE INTERNATIONAL JOINT COMMISSION. 
 
 Some idea of the future importance this power will be to one of 
 the greatest industries of America, may be obtained when we consider 
 the rapidly increasing use of electricity for commercial and mining 
 purposes, and the full extent to which the available power south- 
 ward from the range will soon be utilized by the growing cities of 
 Duluth, Superior, and Two Harbors. 
 
 In time, should the supply of pulp wood become exhausted, a por- 
 tion of the International Falls power might be transmitted to the 
 iron range, a distance of about 90 miles, or if necessary even to the 
 Duluth district, a distance of about 150 miles. At such time, say in 
 50 years, tlie entire ai'able portion of the watershed would doubtless 
 be settled, and a considerable market for local power would be avail- 
 able, such as the Northern States Power Company has built up in 
 southern Minnesota. 
 
Xin.— DIVEESIONS FROM THE WATERSHED. 
 
 In the Report a brief summary is given of certain correspondenoe 
 between the Government of the United States and the GKyvemiiMiit of 
 Canada in relation to the proposed diversion of the waters of Birch 
 Lake to Lake Superior. As this project and the questions to which 
 it gave rise became one of the factors in the decision of the two 
 Governments to refer to the commission for investigation and re- 
 port the matter of the levels of the Lake of the Woods, and as the 
 commission in its report has made certain recommendations on the 
 subject of diversions from the Lake of the Woods watershed, it seems 
 convenient to give a brief account of the project for the diversion of 
 waters of Birch Lake.^ 
 
 The Minnesota Canal and Power Company, a corporation organised 
 under the laws of Minnesota, sought authority to divert at least 600 
 c. f. 8. from the Birch Lake drainage basin, in St. Louis and Lake 
 Counties, Minnesota, and forming part of the Lake of the Woods 
 watershed, into the Embarrass River, thence into the St. LooJB Riwr, 
 and St. Louis Bay of Lake Superior. The ol)ject of the diTeraon wa« 
 to furnish hy(lroele<'tric power to the city of Duluth. 
 
 The company propost'd to erect a dam at the mouth of Oabhro 
 Lake to impound water in the lakes tributary thereto and form what 
 was called the Iflalielle Reservoir; to erect a dam in the North 
 Kawishiwi River, to impound the waters in the lakes and atreaiBB 
 tributary to Birch I^ke UHtiirally flowing westerly into White Trail 
 and (iarden Lakes; to ere<t a dam in the SoQth Kswiahiwi, whidi, 
 in conne<7tion wit!) the dam last mentioned, would form the Ka- 
 wishiwi Reservoir; and to erect a dam in Birch River at the outkrt 
 of Birch I^ike to impound its waters and fonn the Rirrh Ijikv 
 Reservoir. 
 
 The company pro|MMied to cut a canal from the west tnd of Birdi 
 Lake, a distance of about 6 miles acron the divido, to tho hsodwatan 
 of the Embarrass River, and to erect controlling works at the en- 
 trance of this canal to regulate the flow of water from Birch Laks 
 into the Embarrass River Canal. Prom a point in the 8t Louis 
 HivtM- above Clo4|net it prop<>se<i to dig another rnnnl ahoui 914 
 miles long to a point in the city of Duluth, where the blnif b ahout 
 GOO feet above the wuter level of l^ake Superior, and to lay pipes from 
 the easterly end of this, the St Louis River Canal, to the 
 
 > SooM of tiM doeaoMBts «aot«d la tkt BcpoH wtU b* fMM4 la tht 
 TMa TCpcttOoa It aMVHary to eoaplMa ta» liM«ry or tat 
 
222 PINAL REPORT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 of the company to be erected on the shores of St. I^uis Bay. The 
 company expected to develop about 30,000 electrical horsepower, the 
 amount of water diverted and of power created to be increased here- 
 after if circumstances permitted. 
 
 The Birch Lake drainage basin contains a chain of small lakes, 
 the largest of these, known as Birch Lake, lying near the western 
 border of the basin. A portion of the drainage of this basin flows 
 westerly through the North Kawishiwi River and Farm Lake to 
 Garden Lake, with a fall of about 5G feet in the distance of 9 miles ; 
 another portion flows southwesterly through the South Kawishiwi 
 River into Birch Lake, and thence northerly through Birch River 
 and White Iron Lake to Garden Lake, the distance traversed by the 
 waters along this route being about 24 miles. Passing Kawishiwi 
 Falls, the waters continually increasing in volume, flow through Fall 
 Lake over the Pipestone Falls to Basswood Lake, lying on the inter- 
 national boundary between the United States and Canada; the waters 
 thence flow in a general northwesterly direction through Crooked 
 and Iron Lakes, Lac la Croix, Namakan River and Lake, to Rainy 
 Lake, and thence through Rainy Lake to the Lake of the Woods, 
 down the Winnipeg River to Lake Winnipeg, and finally by Nelson 
 River to Hudson Bay. From Basswood Lake to the Lake of the 
 Woods the waters flow along the international boundary line, with 
 the exception of about 20 miles, where they traverse the Namakan 
 River entirely in Canadian territory. 
 
 On February 25, 1904, the Minnesota Canal and Power Company 
 applied to the Secretaiy of the Interior at Washington for authority 
 to use certain public lands, by flowage and otherwise, for the purpose 
 of creating electrical power at Duluth. Application was also made to 
 the United States Secretary of War for the approval of certain plans 
 for structures designed to impound the waters of the Birch Lake 
 drainage basin and divert them to Lake Superior, and for authoriza- 
 tion to erect such structures and divert the water. 
 
 Under the terms of its charter from the State of Minnesota, the 
 company had power to erect the works for the construction of 
 which it had asked the authorization of the War Department. It 
 was also vested with certain powers of eminent domain. It brought 
 proceedings in ^he district courts of Minnesota with the object of 
 putting into exercise the right of eminent domain, and of condemning 
 property and rights affected by the carrying out of its plans. The 
 result of these actions and of subsequent appeals to the Supreme 
 Court of Minnesota will be referred to later. 
 
 Among numerous protests from both Canadian and United States 
 sources against the proposed diversion, one from the town of Fort 
 Frances, Ontario, dated March 17, 1904, was communicated by the 
 Canadian Government through the British Embassy to the Govern- 
 
Plate 51. 
 
 ONE OF MANY WATER POWERS. 
 
FINAL REPORT OP THE INTERNATIONAL JOINT C0HMI88I0N. 223 
 
 ment of the United States. On January 25, 1905, the State Depart- 
 ment at Washington informed the British ambassador that the Sec- 
 retary of the Interior had directed the Commissioner of the General 
 Land Office, before whom the application of the Minnesota Canal 
 and Power Company was then pending, to suspend further action in 
 the case until advised as to the result of an investigation to be nude 
 by the International Waterways Commission. 
 
 Earlier in the same month the Secretary of State for Canada had 
 drawn the attention of the Canadian section of the International 
 Waterways Commission to '' the proposed diversion southward by the 
 Minnesota Canal and Power Company, of Duluth, ol certain waters in 
 the State of Minnesota that now flow north into the Rainy River and 
 the Lake of the Woods." In March, 1905, the matter was brought 
 to the attention of the American section of the conmiission by a letter 
 from the company asking that the commission deal with the question 
 at the earliest practicable moment. 
 
 The question came tip l)efore the International Waterways Com- 
 mission in June, 1905, but no action was taken, because tluMv (>xisted 
 some doubt as to the jurisdiction of the commission. 
 
 In August of the same year the subcommittee of the couumssion 
 made a general investigation of the l>oundary waters and, among 
 other matters, reported upon the project of the Minnesota Canal 
 and Power Company. The committee stated in their rei>ort that the 
 water of the Birch Lake drainage system formed by cuiuputation 7 
 \)er cent of the water passing out of Rainy Lake at Alberton or 
 Koochiching Falls; that the water flystem of Rainy I^ake and I^akr 
 of the Woods had long been eetablished aa a connnenial highway; 
 and that — 
 
 It la olalmcMl thnt If |MTiiitsj«i«>ii bo kIvimi h\ ili«> Ki*«l<-r:«l («*tvi«rnitMn)( nt 
 the United Stotes to the project of th4» IHiininmlii Caiuil iiimI Tower CkmfiaQjr. a 
 dlHfifitronH inJuMtIro will )n> iIoih* to (^nHdlnii iiiul AitM>rii-tiii <<i>t«hUiilMil aavt* 
 Kiitloit <-niiipaiileM thiit nrv imw umIiik Dh* wntvr liljchMny nf lUlajr Lake and 
 Itiilny HIver nnd to tli(> luniiurncturlnK towns ahxig tlw livvr, both uit IW 
 Oouadlun uud United Btntt« nldtv. 
 
 In the first progress re|)ort of Uie Canadian nelion of the Inltr* 
 Tiif intKil Wmi* rwiys Comiuission, dated DeoemberM, 1906, the report 
 ui Uii' miImoiihuiuou waa indorsed. The report my: 
 
 It la i-i MiiHci Hint the watm of Blreh Lake aad Birch RIvvr aod Whli» 
 Iron Lake i\v\\' \^< r i m the chain of lakw and rlvern along the boandary wMrh 
 are reforrad t. m ni, W«helsr>AahbQnoQ treatjr. aad ivMch. hgr tho terwi oT 
 the treaty, am n t)til>llc highway. fr»o to the HttaHm and iinh)M<t» of both 
 conntrlea. 
 
 The I iicre ia to Article II of the treaty of IMft, the mam* 
 
 tial portion of which reada at follows: 
 
 It beluf underelood that all the water i iiii— alreHiw aad all the eeeal 
 portafte aloof the line from lake 8e|> «l w to Hm Lake of the Wooda. ead 
 IMQW-IT U 
 
224 FINAL REPOBT OP THE INTERNATIONAL JOINT COMMISSION. 
 
 also Grand Portage, from the shore of Lake Superior to the Pigeon River, as 
 now actually used, shall be free and open to the use of the citizens and 
 subjects of lK)th countries. 
 
 At the time the treaty was negotiated these waters through which 
 the international boundary line passes still constituted the canoe 
 route of the fur traders from Grand Portage to Rainy Lake. 
 
 In 1906 the application of the Minnesota Canal and Power Com- 
 pany was formally referred to the International Waterways Commis- 
 sion by the Secretary of War of the United States for investigation 
 and report. 
 
 In November of the same year the com^lission made a joint report 
 on the compan3''s application. The corajnission, after outlining the 
 history of the case and describing the source and nature of the objec- 
 tions and protests filed with the commission on behalf of various 
 interests opposed to the granting of the company's application, drew 
 attention to the fact that the action of the British ambassador on 
 behalf of the Canadian Government January 3, 1905, in requesting 
 that the proposed diversion be not carried out pending the meeting 
 of the commission — 
 
 together with the fact that the rights and Interests of Canadian citizens will 
 \Hi affected by the carrying out of the plans of the Minnesota Canal and Power 
 Company, and the fact that navigation of boundary waters will be to some extent 
 injured, if such plans are put in operation, present international questions 
 which, In the opinion of this commission, will be Involved in many other in- 
 stances of lK)undary streams between the two countries and require tlie most 
 rareful consideration. 
 
 In discussing at length the international aspect of the question 
 involved in the application of the Minnesota Canal and Power Com- 
 pany the commission asserted that " the proposed diversion, so far as 
 it would affect navigation on the boundary waters, presents a serious 
 objection to the granting of the privilege asked." After quoting the 
 language of the treaty of 1842, providing for " the free and open use 
 of the boundary waters from Lake Superior to the Lake of the Woods 
 by the citizens and subjects of both countries," the report says: 
 
 This clause secures to Canada free and unobstructed navigation of the bound- 
 ary waters from which the proposed diversion, is to be made. In the opinion of 
 the commission It secures to Canada, by necessary construction, the right to 
 navigate tliose waters in any manner which the natural flow will permit. Any 
 interference with the natural flow which decreases the navigable capacity of 
 Basswood Lake, Rainy River, Rainy Lake, or the Lake of the Woods is a 
 violation of the letter and spirit of the treaty, and the extent of the Interference 
 Is not Important; if the navigable capacity is injuriously affected, Canada, has 
 the right to object. Nor does the possibility of restoring and regulating the 
 flow In the boundary waters mentioned, by remedial works, confer any right 
 to lessen the navigable capacity, for such works will have to be constructed la 
 part in the Dominion of Canada, and this can not be done without Canada's 
 consent, nor can the burden of constructing such works be imposed upon her. 
 
FINAL REPOBT OF THE IXTEBNATIONAL JOINT COMMIBBIOV. 2S5 
 
 The report notes the different construction placed tip<Hi the phi 
 " as now actually used," as securing the right of canoe nangatioii and 
 nothing more, on the ground that at the time the treaty was entered 
 into the waters in question were used only for canoe navigation, but 
 very properly points out that the words quoted relate not to the 
 water communications but to the Grand Portage, and continues : 
 
 It was evidently the intetitlun of the trentj'-maklog powers, In 
 Ixiundaries, to secure to hoth (*ountrles the free and open nas of the t WDds r y 
 wuterM for interlur couimunicatlon und transportation; and it wooM ssiM tt> 
 he II narrow construction of tiic clnuw in question which would asriffi ID 
 powers the Intent to limit the rlKht of communication and ti 
 canoes, for this would place them in tlie position of utterly 
 conditions and practically destroyiug tla* value of Uie watsrwajrs as aaaas oC 
 communication. The broader und proper construction. In tbs oplnlwi of Chs 
 commission, Is that the intent was to presen'e to both countries tbs "flSS sad 
 open use " of the boundary waters. In aoj' manner that thejr coold bs SMids ass 
 of for the purposes nieutlone<l. 
 
 In the opinion of tlie <ommlsMiun, tlierefore, tlM permit to penssnsDtly dl wi t 
 waters which woultl supply iliu boundary lakes and strssaas OBsht asC Is fes 
 granted without ttie concurrence of the Dominion Vt 
 
 The report further states that, apart from the effect of the treaty 
 of 1842, the proposed diversion would to aome extent affect tnjuri* 
 ously riparian rights upon the Canadian side of the boundaiy watacSt 
 and would also affect the water supply uf the Nsmakan River aad 
 oUier waters wholly in Canada. 
 
 The oommiasioners pointed out that in arriving at ilirir < <>ii lasion 
 that the permit to permanmtly divert tiie watsrs of thr l>i.. i. l^<>c 
 drainage basin ought not to lie granted without the eononrrsnoe of 
 Canada, the principles involved do not impugn the light of Ikt 
 United Statee to grant the permit, bat at the mms tiase Hmj ar» of 
 such great importance and of such wideaprsad applicaiiun thai ihs 
 oommiasioners believe that tltey altould be sstilsd snd sppbsd Uy 
 both countries. 
 
 The oommission discuoied si length the pripeipim of iManmlkmal 
 law involved in the diversion of watsra on one ilde of an Intaroa* 
 tional boimdary which may affeet inleraala on the other aids of the 
 boondaiy, quoting Philliuiore, Fsmhsm, snd other suthohiMo, |o 
 the gineral effect Uut while the jurisdiction of s naiiuo «i(hin tia 
 own territory can not be limited esespl by ilsslf. the eaereiaa of that 
 right to the injury of a friendly nation la nol Ji 
 
 The rsport aK forth the foil' ^ving coseltBiieM of 
 
 1. While the wsrit propoeeil i>plkast wUl be oC gnsl 
 
 tbs UinrsBls ssnretf, It wtn misrisrs wtib 
 sds, sad dw eenaalBBlQn ssis as yUMte asMMMy isr H. 
 
 IL Tbs piijissd dlssmsa wttl talste tts 
 sT lbs I'Slisd 
 
226 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 State of Minnesota, residents of the United States having property rights and 
 Interests In Canada and In the boundary waters, residents of Canada having 
 property rights and Interests in Canada, and municipalities of the Dominion 
 of Canada. The rights and Interests which will be affected are divisible Into 
 two classes, namely, those which depend upon navigation directly or Indirectly, 
 and those which depend upon the use of waters of the various streams and 
 lakes for power purposes. 
 
 3. The proposed diversion will affect Injuriously navigation upon the bound- 
 ary waters between the United States and Canada, above mentioned, and upon 
 navigable waters in Canada connecting said boundary waters; but 
 
 4. So far as water-power Interests on the international boundary or in 
 Canada are concerned, which depend upon the supply from the Birch Lake 
 drainage area, although remedial works at locations above Rainy Lake may be 
 constructed, the total amount of water which can be stored and used for 
 power purposes upon the boundary and connecting waters located wholly in 
 Canada will be diminished. 
 
 5. The applicant, the Minnesota Canal and Power Company, of Duluth, Minn., 
 under the decision of the Supreme Court of Minnesota, above cited, apparently 
 has not the power to utilize the permit It seeks to obtain, but possibly may ac- 
 quire that power. It would seem, therefore, that the permit which the applicant 
 seeks ought not in any case to be granted before it secures authority under the 
 laws of Minnesota to utilize it. 
 
 6. That the rlglits and interests of the residents of Minnesota which may be 
 affected by the proposed diversion, are of so much less importance than the 
 Interests which will be promote<l by the proposed works of the applicant, that 
 they do not furnish n suffldent reason for refusing the permit sought. Inasmuch 
 as full compensation nmst l)e made to such persons under the laws of 
 Minnesota. 
 
 7. Neither the State of Minnesota nor the United States can provide the ade- 
 quate means by which money compensation can be ascertained and made to 
 the owners of the Interests In Canada which may be Injured, and It follows 
 that Individuals sustaining Injury would be relegated to litigation. This is a 
 violation of the principle of law that private property shall not be taken for 
 public use, unless provision for compensation can t)e made without litigation 
 and its attendant delays and expense. 
 
 S. So far as remedial works are concerned, it is sufficient to say that there is 
 no jurisdiction In the United States or in the State of Minnesota to provide for 
 or permit the erection of the necessary remedial works In Canada. 
 
 9. That although it might be advisable to grant the permit applied for, in 
 case the applicant should require the powers necessary to utilize it, if objec- 
 tions arising from International relations did not exist, treaty provisions, 
 international comity, and the Impossibility of providing just means of assuring 
 adequate compensation for Injury to interests In Canada, or of pre.servlng 
 navigation unimpaire<l on the boundary streams, without concurrent action of 
 both Governments concerned, lead us to the conclusion that the i)ermit should 
 not be granted unless the full protection of all interests not cared for by the 
 laws of Minnesota be secured by concurrent action of the United States and 
 Canada. 
 
 The commission concludes its report with a recommendation that 
 " the permit applied for be not granted without the concurrence of 
 the Canadian Government." At the same time it suggested the nego- 
 tiation of a treaty for the settlement of rules and principles from 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 227 
 
 which all such questions might be peacefully and satisfactorily deter- 
 mined as they arose. It further suggested that such a treaty ^ dioald 
 prohibit the permanent diversion of navigable streams which crow? 
 the international boundary or which form a part thereof, except 
 upon adjustment of the rights of all parties concerned by a perma- 
 nent commission, and with its consent" 
 
 In this same rcpoil of the International Waterways Commission. 
 a number of objections and protests from interested parties on both 
 sides of the boundary are set forth in detail, and the arguments for 
 and against the application of the Minnesota Canal and Power Com- 
 pany are carefully analyzed. 
 
 The application of the company to the United States Secretary of 
 War was dealt with in a report by Major George McC. Derby, dated 
 May 24, 1905, and addressed to the Chief of Engineers, United States 
 Army. Major Derby enumerated the conditions under which he 
 considered the application should be granted, which included the 
 following : 
 
 The Minnesota Canal and Power Company- sboold construct and maintain a 
 dnm or dams in Lalce Namakan, or at some point or points above Ilainji Ijika, m> 
 as to impound and store during periods of higli water, when It would otberwlae 
 go to waste, an amount of water equal to the entire amount dlTortad tma tbt 
 wator8h(>d of Rainy iMke, rcleaslns this water into Ualny I^ke from time to 
 Hmc as the lnt«Twt8 of navljnitlou in Rainy RIvit and ab<t%-« roajr r»quln». In 
 arcnrrtanj'c with rrgiilntions to h«« made hy the Htcntnrj of War. 
 
 The Aliunesotn Canal and Power Company should construct and maioialD MMk 
 additional dams as may be oeceMary to maintain BaMwood Lake and tbe otk«r 
 liik(>8 i»<>t\v«t>ii ilinli I.ake and Rainy I^ki* at or above Ibelr mean l»ral; and 
 should ri>Iciis4> from all xiich tlanm from tlnM> to tlm« noch amottnt of wal«r •• 
 may Im> n<>«-«>HHary to alulre logs from one lake to tbe nmtt. and fbr oHmt la* 
 teri'MtH of navigation. In ac<'ord«n<<«* with regiilatlnna to be made by the Wt aw - 
 tary of War. 
 
 Apparently no action was taken on Major Derby ■ report until May 
 19, 1910, when the Secretary of War iasued a permit for thm dii 
 of 600 c. f . s. by the BiGniieeota Canal and Power Compenj 
 Birch r^ake drninago basin, into the St. Louis RireTf and thenoe into 
 its watt^r-power canal. The permit waa iMoed opon oeitoin eooditiOM 
 apparently de.signod to nafeguard navigntion and oChtr inlwHli tbtl 
 might Ihi aflfoctcd by the proposed diversion. 80 far as internal i< 
 waters arc concerned, clansce 2, 8 and 4 are of q>ecial interest. 
 
 2. That NUth Nupplcniciitnl damn, rvwrvolra, and otiMT eootrolllnt 
 th« .S«Tr«»tary t»f War may dt'^'m n e ctw m ry to prenint Inlerfew m 'e with ihm 
 navigable caimriiy and umq of tbo water* of the lUrrh I^ike dralDaae bmatn, 
 ami tlic varttMiM lakes and BtreauM to which they are tributary, ahall he eMh 
 Ntructod by said MlnneaoCa Otnal and Power OiMBpanjr. 
 
 H. Tliat anld company h«<rohy iirr4>|>t!i and n gn m t» tttrnfUf with asy i|M(ial 
 rondlllona whirh tlip .*<orrriBry of War may hewafter 
 INNw for tii«« proi(««'ii<>n of pr«>tMN-ty and other primie InterMla en 
 of the lutcruatUtnal burtler. 
 
228 FIXAL EEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 4. TIjat the diversion of water power initler tlie authorization shall ho of such 
 amount only as will not materially interfere with the navijjable capacity of the 
 waterways affected. 
 
 Protests were send to the United States Secretary of War and to 
 the Canadian Government against the issue of the permit by the 
 Lake of the Woods Milling Company, the city of Winnipeg, the 
 Winnipeg Electric Railway Company, and other interests opposed to 
 the proposed diversion. 
 
 Mr. Louis Coste, of the International Waterways Commission, re- 
 ported upon the matter in a letter dated Febniary 26, 1910, in which 
 he said : 
 
 I understand that the permit grautwl by the Secretary of War for the United 
 States, for the diversion In question, contains provisions against any damage 
 to naviKation Interests; but I fail to see how a permanent diversion of 600 
 cubic feet of water per second from a river like the Rainy River, whose mini- 
 mum flow Is certainly not more than 4,0(H> cubic feet per second, can be per- 
 mitted without injuring navigation interests on that river at the period of low 
 water. 
 
 In connection with this Important question, which may affect materially navi- 
 gation Interests on the Rainy River and on the Wlimipeg River, and certainly 
 affects detrimentally the Interests of power companies cm these rivers, permit 
 me to suggest that the Canadian section of the present International Water- 
 ways CJommlsslon be requested to report on the merits of the question by a 
 reference made directly either from your department or by the privy council. 
 
 Mr. Coste recommended that the attention of the United States 
 Secretary of War be called to the fact that the Canadian Government 
 Imd received protests against the permit for the diversion, and that 
 it was important that the matter be investigated from an inter- 
 national standpoint. 
 
 In a further letter dated October 1, 1910, Mr. Coste said : 
 
 In my opinion these provisions (In the permit) are totally inadequate and 
 would have to be supplemented by the construction of various dams creating 
 large reservoirs upon Canadian territory. It is apparent therefore that the 
 Canadian Government can legitimately protest against this permit in spite of 
 Article II of the recent treaty concluded between the two countries. 
 
 On October 25, 1910, the International Waterways Commission 
 was requested by the Secretary of State for Canada to examine into 
 and report upon the subject of the proposed diversion. 
 
 Three days later the commission reported. After quoting the 
 terms of Article II of the treaty and the terms of the permit 
 granted by the Secretary of War, the commission suggested the need 
 of further conditions being imposed under the permit to fulty pro- 
 tect the private interests in Canada which would be injuriously 
 affected by the proposed diversion. It was submitted that " one of 
 the conditions necessary may be a provision requiring that the com- 
 pany shall amend their State charter in such a way as to protect 
 
Plate 52. 
 
 a, MAIN WEIR, PINAWA CHANNEL 
 
 6, WINNIPEG POWER PLANT, POINT DU BOIS FALLS. 
 
FINAL BBPOBT OF THE INTERNATIONAL JOINT COMMISSION. 229 
 
 Canadian interests by providing for such intereeto the legal remedieB 
 provided by Article II of the treaty ; " and they added : 
 
 It is excee<liugly desirable witii a view to the proi)er fulfillment of tlie obliga- 
 tions entered into by each country, that uniform couditious and regnlatloai 
 should be aCTee4l upon which would be applicable in all oases arising nnder 
 this provision. 
 
 Referring to the last paragraph of Article II of the treaty, and 
 the following language of the permit granted by the Secretary of 
 War, "the diversion of water power under the authorization shall 
 be of such amount only as will not materially interfere with the 
 navigable capacity of the waterways aflfected," the commission re- 
 ported as follows: 
 
 It Is submitted with respect, however, that it would be very ansafe to allow 
 the proposed diversion to proceed with only this Keneral provision for the 
 protection of public interests of navigation which may be affected In Canada. 
 As similar difficulties are likely to arise elsewhere. It is respectfully submlttod 
 that where diversions in one country may be productive of injury to navlfa- 
 tlon interest«i in the other, permission should not be granted authorlxtav 
 diversions or obstructions until some internutional tribunal such as tlM 
 international commission should have considered and reported upon tba 
 of such diversions or obstructions upon such Interests, and with regard to the 
 compensatory works necessary to be constructed In each case. 
 
 In reply to a letter from the Under Secretary of State for Ex- 
 ternal Aflfairs (Canada). Mr. (now Sir) Heorge C. Gibbons wp*!** 
 on October 20, 1910: 
 
 It must lie taken that the plans to he approved will prmida for Iha «' 
 tlon and mnlnteiiance of such remedial works us will fnllj oooiNBaalc i.: 
 Injur)- whicli otherwise would be done * * *. At tho aama tiBW I think ihp 
 ground taken In our report that some International trlbttaal riMvM bo con* 
 sultcfl as to what remedial works are necMaary Is uiKnisaHflnabla. It 
 nnd I think will be, essential that some of theae works shoaM ho 
 In Canndlnn territory. This makoo It Still UMNO InuMtrtsnt thst a 
 Joint understanding be arrivetl at bofbre anj plans are approttd. 
 
 On November 22, 1010, the SecreUry of Statd for BxttriMl Afain 
 reported to the Privy Council on the quMtion of thi Birch L«hi 
 diversion ; and on December 23, 1910, a report of Che Oowimitlee of 
 the Privy Council was approved by His Excellency. The repoit Mli 
 forth the fact that the city of Winnipeg and other intOTMlt had pro- 
 tested against the proposed diversioD; that the Intunatiaaal Water- 
 ways Commission had reported afainat the graalillg ol a permit 
 without tho concurrence of the Canadian OoremiMnt; that Artida 
 IT of the treaty is designed to saf^ard intaniti on one nda of tba 
 iKiurulnry injuriously affected by mch ditardon on tha othw rfda of 
 the lH)tindnry ; that paragraph 8 of the permit granted by tha Saevt- 
 tary of War is doubtless intended to prorida anch spaeial eon dlti ons 
 as will protect priTate intaresta on both ddea of tha bouaduy Vm; 
 
230 PINAL REPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 that citizens of Minnesota are possibly protected by State legislation, 
 but that "special conditions may have to be imposed on the com- 
 pany for the protecticm of property and other private interests on the 
 Canadian side of the international border, so as to provide to citizens 
 of Canada the same legal remedies as if the injury done them took 
 j)lace in the State of Minnesota " ; that the Government desired infor- 
 mation as to " what rights and remedies the citizens of Minnesota 
 will have with regard to the proposed diversion, and what corre- 
 sponding measures are intended to be taken with a view to the estab- 
 lishment of similar rights, and to provide similar legal remedies for 
 citizens of Canada." 
 
 In regard to the apprehended injury to navigation, the report 
 requested : 
 
 TImt the I'nlted States Oovernuieut .should be usked to cousider whether in 
 cases where the diversion or obstruction of water iu one country may be pro- 
 diictive of Injury to mivifiation interests In the other, permission for such diver- 
 sion or obstruction should be prante^l until the International Joint Commission 
 provided for In the boundary waters treaty has considered and reported up<jn 
 the effec't of such diversions or obstructions ui)on such Interests, and with 
 rcKnrd to the (•i)mi)ensatory works necessary to l>e c«)nstructe<l In each case. 
 
 On December 29, 1910, His Excellency the Governor General for- 
 warded a copy of the report mentioned above to the British Embassy 
 at Washington, with a request that the matter be brought to the 
 attention of the United States Government with the object of obtain- 
 ing an expression of their views on the subject. 
 
 On August 22, 1911, the Acting Secretary of State at Washington 
 replied to the British ambassador, stating that — 
 
 Tlie provisions of Article II (of the treaty) are regarded by this Government 
 as self-operative as laws and do not require any supplemental lej?islatlon to 
 Rive them effect on this side of the boundary, so that by virtue of this article 
 of the treaty the Canadian interests concerne<l are already entitled to all the 
 legal rights and reme<lles which would l>e extended to them In the local courts 
 if their cau.se of action arose within the jurisdiction of those courts. 
 
 I regret that this Government can not undertake to answer your inquiry as 
 to what are the rights and remedies of the citizens of Minnesota in respect to 
 sucli a case as the one under consideration, for that is a question which de- 
 pends to a great extent upon State law rather than Federal law, and falls out- 
 side of the jurisdiction of this department, except In so far as the treaty re- 
 quires that Canadian interests shall receive the same treatment as similar in- 
 terests in the State of Minnesota, and on this point the provisions of the treaty 
 are regarded as sufficient in themselves to insure such treatment. 
 
 This Government has also given careful consideration, as requested by you 
 on belialf of the Canadian Government, to the question of whether in cases 
 where the diversion or obstruction of water in one country may be productive 
 of injury to navigation interests in the other, permission for such diversions 
 or obstructions should be granted until the International Joint Commission 
 provided for under the treaty lias considered and reported upon the effect of 
 such diversions or obstructions upon such interests and with regard to the com- 
 pensatory works necessary to be constructed in each case. 
 
FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 231 
 
 It appears fnmi an exaiuinatloii of the terms of the treaty that no Jiii1ailie> 
 tion is conferre<I upon the International Joint Commlavlon with re f areaca to 
 waters flowing acrws the iKiundury or which are tribatarj to boaodarj watara 
 in distinction from boundar>- waters' theinselves as defined in the treaty and 
 that therefore the commission has no authority to refuse penniaakm to divert 
 or obstruct waters of the description referred to In this ioquirjr. That the 
 Canadian Government conctirs in this view is evident from the fact that io- 
 Ktead of proposing that the desired action be taken under the treaty the pro- 
 posal comes in the form of a request for the cooperation of thla Ooremiiiant. 
 In tiie absence of an express treaty provision conferring upon the coondaloo 
 Jurisdiction to deal authoritatively with a case Involving the dlTeraloa of 
 tributary waters, it does not seem desirable to this Oovemroent that such a 
 question should be referred to the commission, because the rights of the In- 
 terested parties in such cases are conclusively established tinder the prorlaioiM 
 of Article II of the treaty, and an attempt by the commission to Interfere in 
 such rights would necessarily be Ineffective. Under Article IX of the treaty. 
 however. Jurisdiction is conferred upon the commission to examine and report 
 at the request of either party upon all questions cot otherwise dealt with In the 
 treaty which involve the rights, obligations, or Interests of either party in 
 relation to the other or to the inhabitants of the other along their 
 frontier, and It would be agreeable to this Government to take up with 
 Canadian Government the question of requesting the conmilRslon to 
 into and report upon a general plan for the improvement for navigntion and 
 |)ower purposes of all the boundary waters to which the waters referred to in 
 your note are tributary. 
 
 On Dtecember 21, 1911. the Secretary of the Interior Department 
 of Canada wrote the Tnteniational Joint Commi.<ision calling their 
 attention to the fact that that department had jiirisdicticm over the 
 water powers of the Province of Manitoba, and desired to bring 
 liefore the commission the great water-power interests, both preaent 
 and future, which are dependent on the Winnipeg Rirer, and which 
 would be affected bj the diversion of the waters of Birch liake drain* 
 age basin by the Minnesota Canal and Power Company. The Wttar 
 if! accompanied by several maps and deacribee in detail the drainage 
 areas, power possibilities, and present and prospeetite 
 of power on the Winnipeg River, " safltdent to show Um 
 future importance of this river to the Province of Manitoba, and to 
 nhow the importance of guarding it against any posnble depIeti<Ni in 
 its headwaters." 
 
 The letter conclude<I : 
 
 It would apitonr iniidviMtbio to In any way latwfera with tiM aataral 
 of Nupiiiy nnd uiiow ii pcrmnnout divenrton of any portJoo oC It tnm lla 
 chnniiriN. Before any final nuthortaatloo of tbo pfopossd BIreli Lain dli 
 In made. It Is desired that the wateriiower rasoorees of Um Wtnajpsg Wvsr la 
 the Province of Manitoba be fully coaMeied. aad If any eMiiM<«ce Is Md 
 raiardinf the proposal, that tho DipartaMBt of the tnlarlor be dvaa an oepar. 
 tunlty to appear and preaant its vlewn. 
 
 Tlic Minnesota Canal and Power Conpany, as atnadj mentiooad, 
 brought proceedings in the courts of Minneaota for the purpoM of es- 
 
232 WNAL KBPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 ercising the right of eminent domain. The case was appealed in 1906 
 from the district court to the Supreme Court of Minnesota, which de- 
 cided that the waters which would be affected by the carrying out of the 
 company's plans were public navigable waters, and that the statutes 
 under which the company was organized did not, as an incident to 
 the constniction of the canal and the creating of the water power, 
 authorize it to withdraw and divert waters from public navigable 
 lakes and streams to such an extent as to interfere with present or 
 future navigation, and by means of canals carry it over a divide and 
 discharge it into a different drainage area, thus permanently with- 
 drawing it from its natural course. The application of the company 
 to condemn property and rights of individuals was therefore dis- 
 missed. 
 The supreme court in dealing with the case said ; 
 
 In view of the presumption in favor of the rights of the individual; the 
 Htate and Fe<leral prohibition against tlie obstruction of navigable waters; 
 the rule that the rights of the State In such waters are sovereign and not 
 proprietary, that tliey are held by tl»e public ns highways and can not be 
 alienable; the possible effect upon the riglits of riparian proprietors in the 
 Province of Ontario ; the fact that the doctrine of the appropriation of waters, 
 adopte<l In some of tlie Western States, does not prevail in Minnesota, and is 
 not recognized by the conventional law of nations; the treaty relations between 
 the United States and CJreat Britain with reference to the boundary waters 
 between the United States and Canada ; and that the talcing of the waters 
 would Interfere with streams and lakes which are already devoted to public 
 uses, which can only be done tinder express statutory authority. 
 
 The court held that the applicant was not authorized to condemn 
 the interests sought to be condemned. 
 
 The company, assuming that the adverse decision of the supreme 
 court was based upon the ground that its petition included private 
 as well as public uses, filed another petition making the purposes for 
 which condemnation was sought wholly public, and began new con- 
 demnation proceedings. This case came before the Supreme Court of 
 Minnestjta in 1907, and again the court denied the company's peti- 
 tion. 
 
 In 1913 a third attempt was made on behalf of the Minnesota Canal 
 and Power Company to secure legal authorization of its project. 
 Judgment was given against the petitioner in the district court, and 
 the judgment was confirmed the following year by the Supreme Court 
 of Mimiesota. In the opinion attached to his judgment Judge Cant 
 of the district court said : 
 
 Under the Webster-Ashburton treaty of 1842, the water communications along 
 the boundary line from Lake Superior to the Lake of the Woods are specifically 
 mentioned and specific rights in reference thereto are guaranteed. So long as 
 that treaty remains in force " any diversion of these waters by means of dams 
 jind reservoirs constructed within American territory which would deprive 
 
FINAL KEPOBT OF THE INTERNATIONAL JOINT COMMISSIOIT. 238 
 
 ritizvDs of botli <ruuntri<!>> of ttic coiuinon UiM> of tlio b«iuiMLiry waters woald 
 violate this provision of the treaty." ' So loug as that treat>- reasalns ia Coroe. 
 it is bindin;; upon courts, legislatures, executive officers, and priTate rltlwMH 
 It may t>e abrogated by mutual consent or by inconsistent action oonstftntliiK a 
 breach thereof on the part of either of the Governments affe^Hed thersbjr. The 
 intent to terminate a treaty l)y willful violation of its terms on the part ef 
 either Government will not be presumed. Such a oooduskia will ooC be 
 hastily reached if any other reasonable view consistent with national cood faith 
 may be taken. 
 
 It had been urged on behalf of the company that the Webrter- 
 Ashburton treaty had been modified or superseded in two ways: 
 by congressional action and by the treaty of January 11, 1909, com- 
 monly known as the waterways treaty. As to the act of Congrew 
 mainly relied on, the act of March 3, 1899, requiring the consent of 
 the Secretary of War, on the approval of the Chief of Engineers, to 
 the construction of public works in any navigable waterway within 
 the United States, the Supreme Court of Minnesota had held in the 
 Pratt case that this act of Congress was in no way inooninfltent with 
 the treaty. Judge Cant's conclusion is that the Webster- Ashbtirton 
 treaty " has not been modified by any congressional action." 
 
 As to the treaty of January 11. 1909, Judge Cantos opinion is that 
 its effect is "to leave the waters hen* involved subject to the prori- 
 sions of the earlier treaty of 1842." He says: 
 
 The treaty of January 11, lOOU, applies to a great numh«>r of lakes and rtrrr* 
 nil niong the boundary lino from tho Rlwrs 8t Omix and ftt. Joka em the east 
 to the watt-TH of I'uget Sound on tlie west Tbe rlvpte trvmt sad fscress ihi* 
 boundary line in mnnjr placsa. Thar* wars dlapotss wlUi nimnam to aMqr sf 
 th«>t>e waterways, and dovbclaas with rafkrMies to wmnf mrma 
 wuterwajra, aa well those crossing tbs booadarjr as thoas toralng a part 
 It was neceesary that a better nnderatandlag ks kad. taaa of Vim watsrs 
 iilreiidy the sabject of spertflc treaty prorMsM. OtiMve i to a k Haa 
 ThoM4> covered by treaty were In a spsdal and Haltod dan kr 
 As already Indicated, thoss hsre In qnsstloQ wore sokJaeC to Uw 
 visions of the treaty of 1842. ArUrle II of the treaty of 19(9 
 serving t4> the reepectlvc Uovemroents " the asdnalTe JorladlrtkNi ai 
 over the use and di\'endoo, wketlMr temporary or pmwtmmt, of al 
 Its own side of the line whlck la tMr natnral ckaaaali woii 
 iMiundary or Into iMiundary waters.** hot "sohjrrt to aay tnatf 
 exlHttug with referencv thereto.** 8o far aa the treaty of ItOt li eMMffWd. ti» 
 vttfH't of the proTlaloa last qvoted moat be to leave Uw watars 
 Mtibjert to the proTlalMM of tbe eerller treaty of ISO. Aitkie HI of tte 
 treaty of 1900 conflrms this Tiew. Tke treaty of Utt li OMfetae aaelNftoll 
 <>ltlHT by congressional action or by any aobseqosoc treaty. 
 
 Discussing the validity of tlie permit granted by the SMfttety of 
 War, May 19, 1910, for the propooed diversion front Bireh Ltkii 
 .Fudge Cant points out that it was not the tntantioo of OtNigrMi 
 either to violate the Webitter-.VHhburton treaty or to AUtboriM mj 
 
 •Fmn ca«i^ let maa. •.. p» 
 
234 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 such violation on the part of the Secretary of War. He takes the 
 view that while supervisory authority is properly vested in the Chief 
 of Engineers and the Secretary of War with respect to certain im- 
 provements in connection with waterways all over the countrj', that 
 authority may be much restricted in the case of waterways subject 
 to treaty provisions. In such cases they might properly deal with 
 the height of a bridge or the length of a pier, or even with trifling 
 incidental diversions of water, but — 
 
 where at the outset we are face to face with the doing of that wliich a treaty 
 plainly forbids, such as the diversion of water on a large scale, It is necessary 
 to halt. Leaving out of mind tlie qualifying effect of the treaties upon the 
 congressional acts In question, the diversion of water in any substantial 
 quantities from one watershed to another is nn important and far-reachinp: 
 undertaking. The authority therefore should be clear. It is reasonably certain 
 that the congressional acts in question contemplated notldng of this kind. 
 
 Judge Cant also discusses the question as to whether or not the 
 proposed diversion from Birch Lake of a quantity of water neces- 
 sary to the successful prosecution of the petitioner's enterprise would 
 substantially interfere with the navigability or with the navigable 
 capacity of the waterways in question. He emphasized the fact 
 that the present public uses to which the waters in question are put 
 do not constitute the real test of the situation. 
 
 What future use or future necessities should reasonably be anticipated? 
 The adjacent territory will develop along many lines, some of which we can 
 foresee and many of which doubtless we can not. Is it not likely that nmcli 
 or all of the water which can l»e reservoired will in the not distant future he 
 required for the navigation of the waterways along which such waters would 
 naturally flow? Judging from the evidence it is not unlikely that before long 
 the lack of .sufficient water will be keenly felt at various points along such 
 waterways. If so, the general public will suffer. 
 
 Judge Cant's conclusions are as follows: 
 
 1. That as respects the waters in question, the Webster-Ashburton treaty of 
 1842 is still in force. 
 
 2. That such treaty prohibits the divei-sion of waters proposed by the pe- 
 titioner. 
 
 3. That the permit granted by the Secretarj- of War for the diversion pro- 
 posed was not authorized by law and is void. 
 
 4. That the successful prosecution of petitioner's enterprise would require 
 the diversion of such a quantity of water as would substantially interfere with 
 the present and future navigability and navigable capacity of the waterways 
 in question.* 
 
 1 148 N. W. R., p. 561. 
 
IT, ATE 5:i. 
 
 SAND BEACHES, NORTH SHORE. 
 
pabt rv. 
 
 APPEiJDIX. 
 
 HXMOBANDUM BE SHIPPING OR THK L^KX OP THX WOOD*. 
 
 Year 1872. — First steam tug oiv^rnted on the lake rnnnlDg firom Fort Vmrncm 
 to Northwest Angle towing York boats. Estimated tonnage of tng not knovm. 
 but 8tate<l to be of small size, with a draft of from 3 to 3^ feet. Boat ovBcd 
 and operated by Canadian Government. 
 
 Year 187S. — Operation of second Qovemment tug of mum alae M first and 
 engaged in same work. Construction of third QoTemment hotkU a alde-f 
 known as Lady of the Lake; draft, 5 feet; tonnage. 150; running 
 I'^rances to Northwest Angle. 
 
 Yeara 1876-77.— Regular traffic by steamboat to Portage Bay (K€ 
 Keewatin). 
 Year 1818. — Construction of Speedtcell. First private owned boat 
 on the lake. Draft. 4 feet ; tonnage, about 20. Ilunning from Fact 
 Itat Portage and Northwest Angle, engaged In passenger and frtJglH 
 Wrecked on Wileys Reef in 1882. 
 
 Year 1879 or 1880.— LUy of the We$t. Oovamincat boat of •eraw-propeller 
 type, portaged from Narokan Lake and engaced In carrying ■■jpllaa (hMn lUi 
 Portage to Ash Rapids and Rig Stone Bay. Draft, 4 fwt ; toonagik 15 or ta 
 
 Y'ear i879.— flteamer .V. Mo9k«r. Oonatrocted and ouimh] by Oapt. Boapar. 
 Running on same route aa fiyeotfiooU. Draft, 5^ flMt ; tonnaga. SS. I^mM la 
 paaaenger an<l freight traHle. Wraekad aboat IMS at moatli oC Bai^r Mw. 
 
 70or 1880.— LUlu MoAmley, a slda-whaalar : draft. T lo • •»!: MMgi^ ItL 
 Engaged In towing logs from Tartoos polnta anmod tiM laka MadilMry Cm** 
 ferrad firom itaamar Lo^v of the Lakt, RananiMl in 18M ITery Mmtrk. 
 Ohangad In 1880 to oeraw propel irr. 
 
 Year 1881.— MeiM Fom towboat of ft-font draft : laoMp^ SOl 
 
 Faor /88t.— Ooostmetloo of feowboat O. U iltker. Draft • fbst : iMMMSic 
 106. Scrapped In 1004. Amtte Mme, tug and Avrryboat. Bat ^arta■• and Wm- 
 watia Draft, 4 feet ; tonnagi^ aboat S&. Scrapped aboat MOQi 
 
 70M'i889.--Coac*loMa#, towboat: draft •* to 7 flMtMoaaagmMi^ «rr«|ip^ 
 1807. Flael40<af, angagad la paaaaagar traAr beraraao Vart Fvaaraa and 
 Rat Portage. Draft fiaC: toaaagi^ 4tk. Uaad aboat tbiaa or temt yvank 
 Towboat Atgomn; draft 7 f»ot ; toaaafa. OOl Bcragpad mam yaar aa 
 CoaoMoMag. Towboat Hmpreu; draft, 7 fbal: 
 flmt AN a private boat and later aa a lowboat Draft 
 
 )'fytr iMe.—Km t ne, engaged aa a paaaaa^ir beat and lalor aa a Ovfry 
 Unt I'orinsv ami Keewatin. Draft IbaC: taaaagi^ 41 
 
 Ymr iHin.—HipMmt4 MaM, tivafod la paaMWtr tiaAr. Fart FvaaeM la Bal 
 Portage. Draft 0| faet : toaaagi^ loa Wrerbad at Baall BipMi la ItM. 
 
 Tmr lOM.— Tnwtmat KertrmHm: dm ft % tvmi A InrbM: laaaa>i. 41. tW> 
 ■Croyad by Ore about 1900. 
 
 Tmr 1889. — Shmmrock. paiMi<«un«r Uoti. running rrom Fort Ftaarew Iv Rat 
 Portagr. I>rnft. A t*n>t ; titnnagr. nbitui NO. SUM llTinc. |}a4i|r Meafw. 
 4n fishing induMiry. f^mfi. n n^i : tunnaga. 80k 
 
236 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Tear 189S.—Minitonka, fish boat, constructed at Big Fork. Draft, 8 feet: 
 tonnage, 68. Sunk In Rainy River In 1904. Monarch, side-wheeler, engape<l In 
 passenger traffic. Draft, 7 feet; tonnage, 167. Wrecked in Sault Rapid.s In 
 1895; salvaged by Rat Portage Lumber Co. and used as a towboat until 1907, 
 when It was scrapped. 
 
 Year 1895. — Stcallotc, stern-wheeler, engaged In passenger traffic, Kenora to 
 Fort Frances. Draft, 4i feet ; tonnage, about 128. Wrecked, 1896, on Big 
 Traverse. Edna Brydges, passenger boat. Draft, 6 feet; tonnage, 176. Dis- 
 mantled In 1904 and now running as Fore$t B. 
 
 Year 1896. — Van Horn, passenger boat. Draft, 5 feet; tonnage, 60. Port- 
 aged to Rainy I^ke In 1898. 
 
 Year 1896-97.— Maple Leaf, passenger boat. Portaged to Rainy Lake. 
 
 Year 1897. — Steamer Kenora. Running from Kenora to Fort Frances. 
 
 Year 1900.—Albcrtan, pas.senger and freight boat, portaged from Rainy Lake. 
 Draft, 4i feet ; tonnage, 25. Portaged back to Rainy Lake in 1902. Agtvindc, 
 passenger boat on Rainy River. Draft, 2 feet 6 inches ; tonnage, 307. Undine, 
 passenger boat Draft, 3 feet ; tonnage, 10. 
 
 Note. — Other than the above there were numerous boats engaged in towing 
 and passenger traffic. These boats varied in size and draft. The names of a 
 number of them are given herewith : 
 
 Ethel Banning (towboat). 
 Mikado (mining, draft 4 feet). 
 S<iuaw (mining). 
 Nora (passenger tug). 
 tiultuna (mining). 
 Ilegina (mining). 
 Rambler (passenger tug). 
 Cruifier (tug). 
 Cairo (tug). 
 
 Enterprite (tug, tonnage 10). 
 Phantom (tug, tonnage 10). 
 Chieftain ( fish and passenger tug, ton- 
 nage 10). 
 
 Thistle (passenger and fish tug). 
 
 Lottie 8. 
 
 Scud. 
 
 Frank Marnhnll (fish boat). 
 
 Standard (fish boat). 
 
 Rover (fish boat). 
 
 Eagle. 
 
 Erin. 
 
 Margaret Quick. 
 
 Day Star. 
 
 Data relating to flahino iitduxtiy, Lake of the Woods. 
 [rumlshed by Mr. Paul Marscbalk.] 
 
 Year. 
 
 Net weight 
 offljshand 
 caviar, total 
 United States 
 shipments. 
 
 Net weight 
 of caviar. 
 
 Net weight 
 
 of rough 
 
 flah.i 
 
 Total value, 
 price re- 
 ceived by 
 flflhermen. 
 
 1905 
 
 Pound*. 
 
 > 600, 000 
 
 « 700, 000 
 
 « 1,000,000 
 
 « 1,000,000 
 
 '1,100,000 
 
 1,110,000 
 
 1,126,000 
 
 1,546,861 
 
 Pound*, 
 
 Pound*. 
 
 
 1906 
 
 
 
 
 1907 
 
 
 
 
 igog 
 
 
 
 
 1909 
 
 729 
 724 
 982 
 1,124 
 387 
 253 
 
 120,986 
 
 225,940 
 
 15,360 
 
 167,922 
 
 $42,000.00 
 47,000.00 
 
 1910 
 
 19U 
 
 64,558.00 
 
 1912 
 
 69,566.00 
 
 1913 
 
 1 151.697 
 
 63,038.53 
 48,716.95 
 
 1914 . . 1.123.752 
 
 
 
 
 
 
 1 Gross weight equals doable net weight. 
 * Estimated weights. 
 
 These figures do not include catch of Canadian fishermen operating out 
 of Kenora. 
 
FINAL BEPOBT OF THE INTERNATIONAL JOINT OOMMIS6IOX. 237 
 
 Fish produced by Canadian Juhemun operating out of Kenan, OnlviD, Avaif MWMi 9f 
 
 1914. 
 
 (OlTeo by Captftla Johaaon.] 
 
 Whitefiflh . 7«S.0S4 
 
 Yellow pike or pike perch . 606,060 
 
 Pickerel or jackfiah . . 373, Qtt 
 
 Trout (Uke) ...:. .. 17,396 
 
 Sturgeon . 31,686 
 
 Tullibee .. la^Ott 
 
 Suckers 80^ Mt 
 
 Carp or Buffalo 130^ 730 
 
 Goldeyee 7, 000 
 
 Skinned bullheads 64, 900 
 
 Price received for above by fiahermen, 384,675. 
 
 Fith produced by Canadian fithermen operating mmth cf Onmd Pettintula m 1914, 
 including Bigsby Itlandjithery. 
 
 Whitefish lf.C14 
 
 Yellow pike w'.U.J 903. 4M 
 
 Pickerel ; 908C0n 
 
 Sturgeon >::. 4, Ml 
 
 Buffalo . il.lM 
 
 Suckers .. SlLMi 
 
 Goldeyet . 9l^89t 
 
 Trout TOJ 
 
 TulUbee ....;.Jw..i4iw. . SW 
 
 Skinned bullheads 3>.74t 
 
 Price received for above Bah by fUtmkm^ili$,mM. 
 
 Capital invetted and men empletifvd in fUthtng indmHtf, IMt* af th* Wmtda. 
 
 |Dat»tafBMM« tqr Mr. FmU iiiniliitt.| 
 
 b««« 
 
 btrof ' l.«4. 
 
 
 Moath oTIUlBy, 
 
 umI Zlpfwl 
 
 ZIpMl, wm. Zlppsl 
 
 L.NMnUl«. 
 
 ~ ' ' lulaiid.C.Spna^ 
 
 Ulud.. 
 
 ItntfiMd, AmMUong Tradtaf 
 IMtf. 
 
 4 
 
 .t 
 
 tt' 
 
 
 xm 
 
 Km 
 
 !9 
 
238 FINAL EEPOET OF THE INTERNATIONAL JOINT COMMISSION. 
 
 Canadian flihermen operating out of Kenora, Ontario, investment. 
 [GtTen by Captain A. Johnson, of Kenora.] 
 
 Boats, land, tools, nets: 
 
 T. Gustafson $10, 000 
 
 William Andrews 5. 000 
 
 Eric Holmstrom 9, 000 
 
 August Holmstrom 6, 000 
 
 Olaf Schens 6, 000 
 
 Thomas H. Johnson 4,000 
 
 Magnus Lynardson 5,000 
 
 Charles Frier 3, 000 
 
 S. Magnussen 2, 500 
 
 George Moorhus 4, 00<) 
 
 Arthur Johnson 2, 000 
 
 Emlel Johnson 2, 000 
 
 Armstrong Trading Co 30,000 
 
 Investment of Canadian fUhermen operating south of the Grand Peninsula and 
 shipping their fish to Warroad, Minn., or Raiyij/ River, Ontario. 
 
 J. A. Budreau, boats, lands, tools, nets $15,000 
 
 W. A. Boucha, boats, lands, tools, nets $6, OCX) 
 
 John Boucha, boats, lauds, tools, nets $4, 000 
 
 Bigsby Island, fishery, Armstrong Trading Co $12, 950 
 
 I^omlnion Government hatchery at Kenora, Ontario: 
 
 Cost of buildings and grounds $48, 000 
 
 Capacity of hatchery 90,000,000 
 
 Whiteflsh hatched during past winter (hatchery filled this 
 
 spring with pike-perch spawn) 70,000,000 
 
 Wages paid to fishermen operating out of Kenora, about $21, 000 
 
 Wages paid to Canadian fishermen operating south of the Grand 
 Peninsula, including Bigsby Island, about $12, 000 
 
Plate M. 
 
 INDIAN CAMP ON NORTHWEST ANGLE. 
 
BPUOOEAPHY. 
 
 Acres, H. O., Water powers of Cunuda. Province of Ontarla Ottaw*. Do- 
 minion water-power branch, 1915. 
 
 Back, George, Narrative of tlie Arctic land expedition to the aioath of Um 
 Great Fish River and along the shores of the Arctic Ocean in th» jmn UIS. 
 1834, and 1835. London, 1836. 
 
 Ballantyne, R. M., Hudson Bay. Edinburgh. 1848. 
 
 Begg, Alexander, History of tlie northwest. Toronto, 18M-06. 
 
 Bell, Robert, Report on the country between Lake Saperlor and Laka Win- 
 nipeg. Geological Survey of Canada Report, 1872-73. Montreal, 187S. 
 
 Bell, Robert, On the geology of the Lake of the Woods and adjacent country. 
 Geological Survey of Canada Report, 1880-1882. Montreal, 1882. 
 
 Bigsby, J. J., Erratics of Canada. Quarterly Journal of tb« Qeologleal So- 
 ciety of London, Vol. VIIL London, 1851. 
 
 Bigsby, J. J., Geology of Rainy Lake, South Hudson Bay. Quarterly Joomal 
 of the Geological Society of London, Vol. X. London, 18S4. 
 
 Bigsby, J. J., On the geologj- of the I^ke of the Woods, South HudMO Bay. 
 Quarterly Journal of the Geological Society of London, Vol. VIII. London. 18S. 
 
 Bigsby, J. J., The shoe and canoe, or picturea of travel in the Oanadaa 
 London, 1850. 
 
 Blakely, Russell, Route of the fur trade along the northern tMunUary o( 
 Minnesota. MlnueHota Ilisturlcal Society Collections. Vol. VIII. SL Paul. IttM. 
 
 Blue. Archibald, The gold Oelds of OnUrlo. Ontario Bureao of Ulnae Bo- 
 port, 1888. 
 
 Blue, Archibald, A tqur of Inspection In nortbweatam Ontario, Oatailo B«* 
 reau of Mlnea Report Toronto, 1806. 
 
 How, Jamea A., Mines of northweatern Ontario. Ontario Borean of Mlaas 
 Report. Toronto, 1897. 
 
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240 FINAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
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FINAL BEPOBT OF THE INTERNATIONAL JOINT I IIMMIWIl 341 
 
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242 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
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PINAL REPOBT OF THE INTERNATIONAL JOINT 0OMM18810N. 243 
 
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244 FINAL REPORT OF THE INTERNATIONAL JOINT COMMISSION. 
 
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FINAL REPORT OP THE nCTERNATIONAL JOIHT OOMMMUOV. 245 
 
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246 FIKAL BEPOBT OF THE INTERNATIONAL JOINT COMMISSION. 
 
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FINAL BEPOBT OF THE INTEBNATIOVAL JOIVT OOMMIHIOV. S47 
 
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 ciety CJollecUons, Vol. VIII. 8t Paul. 1898. 
 
 Wolseley, Garnet, Narrative of the Red Blvar cxpadlttas of 
 wood's Magnzine, 1870-1871. Ilepublisbed as ToL 11 of Ttmvil, 
 Sport Series. 
 
INDEX. 
 
 Acknowledgments, 13. 
 
 Adams, John, 133. 
 
 Administering proposed regulation, 70. 
 
 Agassiz, Lake, area of, 114. 
 
 Agriculture, 159-166. 
 
 Aitkin, W. A., 127, 128. 
 
 Alberton Falls, 216, 223. 
 
 Alway, E. J., 146. 
 
 American Fur Ck)mpany, 125, 126, 127, 128, 129. 131, 141. 
 
 American Point, 121, 
 
 Anderson, Etiward, scope of reference, 104, 108. 
 
 Anderson, S., 138, 139. 
 
 Annual fluctuations in level, 49. 
 
 Antimony, 179. 
 
 Appendix, 235-288. 
 
 Arguments, 13. 
 
 Armstrong Fish Company, 188. 
 
 Amesen, E. A., 143. 
 
 Arnesen, 148, 144 ; Improvements, 203. 
 
 Artesian wells, 115. 
 
 Ash Ilaplds, 156, 167. lOS. 
 
 Ash River, 188. 
 
 A»wlnlb«)ln. 157. 211. 
 
 Astor. .1. J., 125. 129. 
 
 Altokan, hciiuitlte ore, 179. 
 
 Atlns, 13. 
 
 Aulneau. J. P., 121. 
 
 Ayl«sworth, 145. 
 
 Back. George. 161. 
 
 Bacon, Robert, r« flooding on south shore, 90l 
 
 Ballantyne, R II, 200. 
 
 Bam 11 y. Thomaa, 186. 
 
 Barnard. E. O.. 140. 
 
 Barwlck, 140. 
 
 Baawood Uke. 112. 188. 219. 222. 22T. 
 
 Bandette. 144, 171. 
 
 Baanhnrnols, Mnrquls do. 160. 
 
 BHoi\. Michel. 110. VA). 
 
 Ball. UolN>rt, \m\ on gold mining. 171 
 
 Baltriiinl Cniinly, land vnlu«>M. 162. 168: UoibW. IMl 
 
 Bamldji. ino. 
 
 Riff Forks. 141. 145. 
 
 nig Forks Hiver. 102. 
 
 Rig Island, 181. 
 
 Rig Stone Ray, 190; lold mloaa, 171 
 
250 INDEX. 
 
 Blgsby, J. J., 129, 130. 
 
 Blgsby Island, 116. 
 
 Bibliography, 239-247. 
 
 Birch bark canoes, 191, 194. 
 
 Birch Lake, 221, 222, 223, 225. 
 
 Birch Lake diversion, 22, 77 ; history of, 2^-25, 221-234. 
 
 Birch Lake reservoir, 221. 
 
 Birch River, 221. 
 
 Blrchdale, 144. 
 
 Bloe, Archibald, 131. 142, 194, 196. 
 
 Border, 144. . 
 
 Bouchervllle, 145. 
 
 Bougainville, L. A., 121. 
 
 Boundary commission of 1732, 138. 
 
 Boundary question, 133-140. 
 
 Boyd, George, 127. 
 
 Buffalo Bay, 129. 
 
 Barley gold mine, 175. 
 
 Burntslde State Forest, 169. 
 
 Burpee, Lawrence J., 122, 159, 192. 
 
 Butler, W. F., 117, 183, 194, 204, 206. 
 
 Cameron, E. R., 138. 
 
 Campbell, Archibald, 138. 
 
 Campbell, Isaac, scope of reference, 104, 106. 
 
 Campbell. R. H., 169, 172. 
 
 Canadian Northern Railway, 142, 144, 149, 202. 
 
 Canadian Pacific Railway, 142, 149, 198-199, 207. 
 
 Canal projects, 197-20L 
 
 Canoe routes, 191-193. 
 
 Canoes, 190-191. 
 
 Cant, Judge, 232-234. 
 
 Carver, Jonathan, 122, 181. 
 
 Caviar, yield of, 185. 
 
 Central, 144. 
 
 Challies, J. B., on power question, 209, 210. 
 
 Chaudiere Falls, 137, 216. 
 
 Chllds, J. A., 152. 
 
 Chippewa, 159, 160, 180, 181, 182, 19L 
 
 Cholseul, Due de, 135. 
 
 Chute de la Chaudi^re, 123. 
 
 Clearing land, 145. 
 
 Clearwater Bay, 111 ; gold mining on, 174. 
 
 Clearwater Lake, 131. 
 
 Clementson, Helec, 143. 
 
 Clementson, 144. 
 
 Clementson Mill, 170. 
 
 Cobalt, 179. 
 
 Cocking, Matthew, 194. 
 
 Concord, 144. 
 
 Consulting engineers, appointment of, 12. 
 
 Controlling works proposed, 33, 64. 
 
 Cook County, land values, 162 ; timber, 169. 
 
 Copper mining, 178. 
 
 Coste, Eugene, on gold mining, 174. 
 
INDEX. $$l 
 
 Ckwtfi, Louis. 228. 
 Cones, Elliott, 140. 
 County ditches, 147. 
 Cox. n. O., on flsbeites, 18S. 
 Crandall, on treaties, 96. 
 Crane Lake, 14. 
 Cree Indians, 180. 
 Crlstlnaux Indians, 119. 
 Crist Indians, 110. 
 Crofton, J. F., 197. 
 Crooked Lake, 112, 222. 
 Crooks, Ramsay, 125, 128, 127, 128. 
 Currle, D. H., on tourist traffic, 207. 
 Currle, B. H., 143. 
 Curry, Thomas, 128. 
 Dakotah Indians, 159. 
 
 Dalles, the, proposed channel enlargemrats, 04. 
 Darlln^on Bay, 215, 216. 
 Datum, note re, 9. 
 Davenport, It, on lake levels, 21. 
 Dawson, George M., 116. 117. 
 Dawson, S. J., 198, 197, 206. 206. 
 Dawson Road, 140, 188, 195. 
 
 Deacon, T. R., on Hummer raaort lotisrsslB, 44; oo DonnU or aacvrsl. SC 
 Dependable outtlHw, 85, 86^ flB, 60-6T. 
 Derby, O. McC.. on Norman dam, iO-tA, S2T. 
 Ditch roads, 148. 
 
 Ditch system affsctsd bj Itrtlai 62. 
 Dlvsrsloiis from watanhsd. ML 70-71, 77-llL ttl- 
 Dog Laka^ 1S8. 
 Dof RlTW. 198. 
 Dralnaflt ajTSCam. 140-149. 
 Drawry, Oaorga, or nonaal or natural, 04. 
 Dry Portafs. U7. 
 
 Dn BoonaC rails powar alia. SlOt 211 
 DnlOth, 194. IfiO. 219. 2901 221. 222. 
 Dolnth. Ralnjr Lato awl Wlnnl|Mv Itallwajr. lOa 
 ■aflaa Nsat, 18L 
 XOdooaa, Hi. 
 
 Ootlac 10: powar rtti^ 9A 
 ■wiU road law. 148. 
 ■ndNuraaa Rlvar. 22L 
 ■nbarraaa Rlvar csmI. tIL 
 Kmlnant doouOn. powar of, 91, 9k 
 
 ■B0.14& 
 
 ■nglar Lambar Oompaiiy. 170. 
 ■■81Kb Rltar. 181, 198. 814. 
 H^^f^^ 18L 
 
 ■VMllilBS ovtflow. H 68. Oa 
 o( buka. ei-88. 
 
 & W., on Oabarlam 1881 Ml 
 ■sploratlOQ. ll»-m. 181-181 
 raleoo Mud ■aoMlle aud. 178L 
 rallLaka^m 
 
252 INDEX. 
 
 Farm Lake, 222. 
 
 Farquhar. Maj., 139. ,, , 
 
 Federal Forest Service, 171, ,'> 
 
 FInlay, James, 123, 
 
 F'inlayson, Chief Factor, 128. 
 
 Fire prevention, 171, 172. 
 
 Fish hatchery, 188, 
 
 Fisheries, 180-188. 
 
 Fishing interests, levels desirable, 45 ; statistics of industry, 236. 
 
 Fleming, Sandford, 144. 
 
 Flexible minimum level, 51, 71. 
 
 Flood reserve, 68-69. 
 
 Flooded lands, areas of, 30. 
 
 Fluctuation In lake levels, 22. 
 
 Foley gold mine, 175. 
 
 Fond du Lac, 124, 125, 127, 128. 
 
 Forrest, Col., 138. 
 
 Fort Alexander, 131. 
 
 Fort Douglas, 129. 
 
 Fort Frances, 124, 129, 131, 141, 142, 144, 149, 173, 183, 195, 209, 216, 217, 218, 
 
 219, 222. 
 Fort Frances Pulp and Paper Company, 218. 
 Fort Garry, 157, 211. 
 Fort La Iteine, 122. 
 Fort of Lake La Pluie, 123, 
 Fort St. Charles, 120, 121. 122. 123, 142, 169. 
 Fort St. Pierre. 120, 122, 123. 141. 
 Fort William, 119, 126, 127, 192, 
 Fountain, Paul, 204. 
 Fowler, S. H., 216, 217. 
 Fox farming, 208, 
 Fox Indians, 159. 
 Franchfire, Gabriel, 161. 
 Franklin, Benjamin, 133. 
 Fraser. J. W., 199. 
 French Portage, 117, 
 Frequency curves, 29, 50. 51. 
 Frobisher, Benjamin. 122. 
 Froblsher, Joseph, 122, 
 Frontier, 144. 
 
 Fur trade. 122-131, 190-194, 
 Gabbro Lake, 221, 
 Galena, 179. 
 Gallatin, Albert. 136. 
 Garden Lake, 221. 222. 
 Gardner, Frank, 141. 
 Gibbons, George C, 229. 
 Gold mining. 174-177. 
 Golden Reef gold mine, 175. 
 Golden Star, 175, 176. 
 Goulburn, Henry, 136. 
 Grand Du Bonnet Falls, 212. 
 Grand FaUs, 216. 
 
Grand Fork River, 128. 
 
 Grand Portage. 123, 126. 127. 187. 192. 224. 229. 
 
 Grand Portage route. 191. 108. 
 
 Grant. George M., 132, 195. 
 
 Grant. Peter. 124. 160. 181. 190. 20a 
 
 Grassy Portage. 117. 
 
 Grassy River settlement. 142, 143. 
 
 Great Northern Railway. 144. ISO. 
 
 Greater Winnipeg Water District project, 4l^-¥i. lM-]fl& 
 
 Greenhow, Robert, 135. 
 
 Gunflint Lake. 112. 114; mineral deposits. 174. 
 
 Hammond gold mine. 175. 
 
 Harbors, effect of low levels. 48. 
 
 Harcourt, F. Y., 208. 
 
 Harmon. D. W.. 160, 182. 
 
 Hartley. David, 183. 
 
 Hnwkesbury, Jyord, 134 
 
 Hay Island gold mine, 175. 
 
 Hebes Falls. 131. 
 
 Hendry, Anthony, 194. 
 
 Henry, Alexander, 123, 124. 160. 167. 181, 20L 
 
 Henry. Alexander, the younger, 117. 124. 182. 
 
 Hind, H. Y.. 130. 
 
 History of the regioD. 119-182. 
 
 Holdahl. a. T.. 168. 
 
 ir . II' ;■: '•.": 
 
 1 124. US. laa. 1ST. i« lA in. 143. !»«. in. SMI sn. 
 
 Iluiixry Hull, 131. 141, 195. 
 
 Iliiiiteni iNlaiid inm orf. 179. 
 
 IIiiyHhe. ('. I... 101. 
 
 IIIUNtrHtlonN. Ilftt of, 7. 
 
 Imnie<liate InternntlunsI RUpnrvMMb TIL 
 
 Indian Bay. ISO. 
 
 Indians, flshcrlM, 181. ItBt dntMtsr. SOS; lipnd^ SH 
 
 InduN, 144. 
 
 Internationnl bnumlary, rf>ui» of. 122: history td, IM«IMl 
 
 Intcrnalioniil Fnllm 138. 141, 144. IflOi lIlL SSk SIC Sia 
 
 Internntloiiiii Falls Luntbrr (^unpanjr. ITQl 
 
 Int«>rnntlniinl Plshtrlti OWlMlnB. IM-IM. 
 
 Intcrnntiiinni Joint €kmmlmkm, 9LWkM» WKk W. 
 
 Iniernnlloniil m t ff m^ktkm MMl eoMrol. PttHMMMlMl If-IR: 
 
 wnterehiNl. 79-tt. 
 InternnltiMinl Wntvrways CNHnmlsslaa. IMl HIl ML Ml SA SH 
 Intr<Mhi(*tlon. 11. 
 Iron I .ski*. 228. 
 Iron luiulng. 178-17Qi 
 iMMto rtwrrolr. SSI. 
 Itasca Coantr. tlmbsr. MBl 
 Jsy. John. 188. 
 Jay Trsaty. ITM. 184. 
 jMloi. A. B,. lOB. 
 
 Johnson. Arthur, nn IbOiins lni<>mila 40^ W4 IM. 
 Johnston. John, MB. 
 Johnston, J. T^ Sll. 
 
254 INDEX. 
 
 Johnston, W. A.. 114, 142. 
 Judicial ditches, 147. 
 Kabetogama Lake, 14; fisheries, 184, 188. 
 Kahkahkeewitchewan, 215. 
 KntnlnlHtikwla River, 119. 
 Kamlnlstlkwia route, 191, 192, 193. 
 Kane, Paul, 161, 183, 194. 
 Kashabowl, 178. 
 Kawishiwi reservoir, 221. 
 Kawishiwi River Power Company, 219. 
 Kawishiwi River, power site, 219. 
 Keating, W. H., 117, 128, 130, 161, 167, 183. 
 Keefer, P. H., scope of reference, 104. 
 
 Keewatin, 131, 141, 142, 144, 203, 215 ; gold reduction plant, 176. 
 Keewatln channel, 131. 
 Keewatin Lumber C!ompuny, 170, 171. 
 Keewatln Lumber and Manufacturing Ck)mpany, 216, 216. 
 Keewatin Lumber and Milling (Company, 213. 
 Keewatin Power Company, 131, 215. 
 Kendall, B. F., 171. 
 
 Kenora, 142, 143-144, 149, 203, 215. Bee Rat Portage. 
 Kenora Board of Trade, 206, 
 Kenora power plant, 19. 
 Kernaghan, William, 197. 
 Kettle Falls, at Fort Frances, 216. 
 Kettle Falls dams, 112, 219. 
 Kildonan, 157. 
 King, Rufus, 134. 
 King, W. F., 140. 
 
 King-Hawkesbury convention, 134, 135. 
 Knife Lake, 112. 
 Koochiching, 144. 
 Koochiching Company, 218. 
 
 Koochiching county, 149 ; land values, 162 ; timl)er, 169. 
 Koochiching Falls, 216, 223. 
 La Come de St Luc, F. L., 122. 
 La Croix Lake, 122, 222 ; fisheries, 184, 188. 
 Lac aux Isles, 119. 
 Lac des Bols, 111. 
 Lac des Chrlsteneaux, 111, 
 Lac des Isles. 
 Lac des Mille Lacs, 198. 
 Lac des Sioux, 111. 
 Lac du Bonnet, 131, 
 Lac La Plule, 111, 122, 123, 
 Lac Plat, 193, 
 Lafever, J., 197. 
 La France, Joseph, 167, 180. 
 La Gallssonni&re, R. M. B. Comte de, 135. 
 Laird, D, H,, scope of reference, 104 ; on land values, 165. 
 La Jemeraye, C, D. de, 120, 191, 193. 
 Lake County, land values, 162 ; timber, 169. 
 
 Lake of the Woods, area of, 12, 14, 111 ; surveys, 12 ; nomenclature, 111 ; varia- 
 tions In level, 117, 
 
INDKX. 255 
 
 Luke of the WchhIk wuteraheU, 12, 14; charactertstici; 112; dlmate. 112; 
 pbysiugruphy, 113; geulugy, 113; surface formation. 114; dralnasB ajatan. 
 115; history of. 119; boundary questlonii, 133; settlement, 141; water anppljr 
 nnd .sanitation, IRl ; agriculture, 159; lumbering. 167; mining. 174; tUhmJm, 
 180; navigation, 188; recreation, 202; power development, 200; diTarahma B1 
 
 Lake of the Wo(m1s Milling Company, 16. 216, 228. 
 
 Luke of the WVkkIs Technical Board. 188. 
 
 Land areas. 30. 31. (iO-61. 
 
 Tjindby. A. M.. 145. 164. 
 
 Land valui's. ;M) 31, «». 01. 102-166. 
 
 r>a Nofle. Z. U. de. 12<). ISO. 191. 
 
 Laurel, 144. 
 
 Luurenfl, Henry. 133. 
 
 La V6rendrye. FrangolH, 120. 
 
 La Vferendrye, J. B.. 120. 121. 
 
 La Vfrendryp. V. (i. <lo. T_'0. 12*-'. 15!). 1«T. ISO llil. 1fr2 11W. 
 
 La V6rendr>'e, Pierre, 120. 
 
 I^tlmer, H. B.. on fiHherles. 183. 184. 
 
 Ijaurentiau gold mine, 176. 
 
 Lawson. A. C. 115; on sllvor de|NiHit.x. 17>>; on nitncrnls, 179. 
 
 Leech Lake, 124. 
 
 I/etter of tranKmittal, 1. 
 
 " I/evel of the lake " construed. 27. 
 
 fy^^vel reconunendiHl, 27. 
 
 LlcbenR, 116. 
 
 Little Du Bonm't Kalh, 212. 
 
 Little Grassy lUver. 116. 
 
 J>lttle Lake Wlnnlpeek. 128. 
 
 Little Vermilion Ijiko 11 
 
 IxK'ke Lake, 157. 
 
 I/oman, 144. 
 
 I.ondon Convention. Ihik i:«t; 
 
 r.ong. Major, 194. 
 
 I^ng Point. 116. 
 
 Lonk' Sault dam. hl«tury of. j:.: |K»ii«nHnl i-ui-r :«». |s. •<«• -.mu r.f.«« .4i 
 190-201. 
 
 l/>ng Sault Baplds, 115. 124. 
 
 I^wer Kalny watamhed. 14 : charadtrliftlQi. 14 
 
 lAide, 144. 
 
 Lumbering Inlarwita, 1«T-178; lavtls dtilniMai. «-«. 
 
 McArthur. J. J.. 140. 
 
 McDiinnell. Chlaf Factor. 128. 
 
 MclHmnell, John. 128. 
 
 McOllHvray. W.. 12». 
 
 Mc(lulre. A. J.. 145. 
 
 IfoeKay. Janaa. in. 
 
 MadNOil*. Alaxandar, lift. ISB. mi. l«r. Its. 
 
 McKanil*. Bodarlck. 101. tm. 
 
 McLalB, Am WI. 
 
 MeLom^uiB. Joi». 124. ler. its. 
 
 McBltchlCb Mftleolai. 148. 
 Maadnac. 194. 
 Mackinaw boata, I**. 
 Mn<1lH<>n. JaUMt. 184. 
 
 lOaiM-lT IT 
 
256 INDEX. 
 
 MaUoD, R., 197. 
 
 Mandans, 150. 
 
 Mauitou, 144. 
 
 Manitou Rapids, ll.l, 124. 
 
 Margacb, 179. 
 
 Margry, Pierre, 119. 
 
 Marschalk, Paul, on (i.shlnp: lntere<<t«i, 45, 184. 188 
 
 Maaaacre Island, 122. 
 
 Manon, L. F., 160, 190, 206. 
 
 Mathewjii, Ah'xtiiuler. IHO. 
 
 Muttliew«, W. W.. 120. 
 
 Mean «>r urtiiiiiit.v Uiah water. 28. 
 
 MeandertMl siiore line, .57-58. 
 
 Meek, S. !•:., un flxherieM. 184. 
 
 Mewibl UauKf. 17S. 21«. 
 
 MichilinuKklnar. 122, 124. 
 
 .Mikado Kold mini's. 17.'>. 170. 
 
 .MillerK Island. l.'U). 
 
 Minaki, 149. 
 
 .MInaki ('au)i)erK AwHK'iation, 207. 
 
 •Mine Center, 17«. 
 
 .Mining interests. 174-17J); transportation for, 196. 
 
 MInitie Lake. 111. 
 
 Minnesota and International Ilailway, 150. 
 
 Minnesota ami Ontario Power Company, 173, 218. 
 
 Minnesota lioanl of Health, report on Warroad s«'\verage, 46, l.'il-l.VJ, l.')4-15r». 
 
 MinneHota <!anal and Power Company, 198. 222. 22;{, 224, 226, 227. 231, 232. 
 
 Minnesota I>raina):re CV>mndssion. 147, 148. 
 
 Minnesota Forest Servlee, 171. 
 
 .Minnesota (lame and Fish CoiuniiMtilon, 184, 188. 
 
 .Minnltiti Lake. 111. 
 
 •Mispickel. 179. 
 
 MisslKSippi Uiver, 128. 
 
 Molybdeidte. 179. 
 
 Monk, G. H., 192. 
 
 Monroe, James. 134. 
 
 Monsoni Indians, 180. 
 
 Morrison, William, 12.5, 126, 127. 
 
 Mount Iron, 178. 
 
 Muskeg, 115. 
 
 Naff, A. F.. reiMjrt, 19: on n<»rmal or natural, 5.3. 
 
 Namakan I^ke. 14. 112, 182. 102, 195. 219, 222, 227; tislieries, 184. 
 
 Namakan Hiver, 127. 222, 225. 
 
 National Transcontinental Uaihvay. 149. 
 
 Navigable waterway reoonimended, 48. 
 
 Navigation interests. 190-202; levels de-sirable, 42, 43, 44-45: on Wiunipcj; 
 
 River, 44 ; on Rainy Iliver, 48 : importance to niining, 179. 
 Nelson River, 112, 222 ; drainage system, 112. 
 Nipigon, Lake, 192. 
 Nipigon route, 193. 
 
 " Normal or natural level," interpretation of, 30, 53-54. 
 Norman, 131, 
 
inDBX. 257 
 
 Norman daiu. 17, 214; description of. 17; fiovemment imbaldy. 17: 
 
 17; effect of, 17, 20. 21. 22. 1U7. 106; Oovernineot magWB^n r«ciibitlnn of. IH: 
 object of, 21 ; HH a controllinic work. 83. 21.". • «« ^^»-t^ >it<. <m 
 
 North Kawlshlwl lUver 221, 222. 
 
 North I^ke. 112. 
 
 North WeHt Angle. 116. 130. l.%t. l.'M. 137. 1»<. \M. I-Mi. 142. IKl. 1M. 
 
 North West Angle Inlet. 120. 121. ino. IftT.. 
 
 North W<wt (•oni[)any. 121. 123. 124. 12ri. 12». 1»2. 194. 
 
 Northern Paciflr UallwHy. l.'jO. 
 
 Northern States Tower (74tm|Miny. 220. 
 
 N(»yon. .lawiues tie. 119. 180. 101. 1»2. 
 
 Oak Island flsherieK, 184. 
 
 Olive gold mine, 17r». 17«. 
 
 Oliver. K. H.. 128. 
 
 Ontario and .Mlnnes<»ta I'ower Company, 100. 218. 
 
 Ontario Deparruu'nt of Public W<»rkj(. 215. 
 
 Ontario Hydro Kb^-trlc Power (V>mmlwi|on. 213. 
 
 Ordinary high water mark. .'»8. 
 
 tNwaUl. Ulchard. 138. 
 
 Ouchlchiq River, 119. 
 
 Ouinlplgon Kiver. 112. 
 
 OuinlpU(ue HIver. 111. 
 
 Outletx. oiirly (■hangi*^ In. Itt; dlMcliarge ca|Miclty of. 82: caUirgnMni yt, Xt 
 63 ; cost of. 38. 
 
 Pacliot. memoir of, 191. 
 
 Palli!H>r. .lohn, 117. 180. 
 
 Paquln, J.. 121. 
 
 Parker. I^awreiice, 143. 
 
 Partridge I^ike, sold on. 174. 
 
 Pntrlrk. .Mas.>n .M.. 147-148. 
 
 Pent, lift. 1441. 
 
 Peek. K. I\. on le%'elii dwlrnble for mivlsalloa, 44. Sitt. 
 
 Pelland. 141. 
 
 I'hyNlral conditionH. MumiiMry of, 14. 111-llB. 
 
 PigiNin Uiv.-r. 114. 1ST. 2M. 
 
 Piniiwa Channel. |ioww BlU>. 210. 211. 
 
 Plhf Fnllii. poWMT ■Ito. 211. 
 
 Pine Portafle mlM. ITS. 
 
 nnawood. 14B. 
 
 PIpMtoiMi Pnlla, 18S. 222. 
 
 PItlier. it. J. K.. 131. 141. 
 
 Pltbcr'N Point. 130. 144. 
 
 Plan <i/ |>r«>c«durp. 00. 
 
 Point du ItolM FnIIm. iMiwrr «iii*. ^Ui ilS, 
 
 PokexaiM* lake, 124. 
 
 t*oi«aplM eold Mda. ITT. 
 
 Porttft Bajr. IM^ 2111. 21& 
 
 POfftM»<IV talc Holii. 117. 
 
 l*orlaat dM Rai. ISO. ISL 
 
 PortasM. 19»-1M. 
 
 I\irt«. P. a. IM. 
 
 l*olhl«r. Trmivalni. 131 
 
268 INDEX. 
 
 Potter, C. L., on ccwt of dredging harbors, 43. 
 
 Powassln, 121. 
 
 Power developinentH, 209-220; at Portage Bay, 16; on Rainy River, 34, 86; on 
 
 WInnii>eg River. 34 ; at outlets, 46-47. 
 I'ower slteH. 209-210, 217. 219. 
 President, power of, 94. 
 
 I'revuiliiiK levels iinder natural condition.s, 6. 
 Price, K. E., on flslilnn Interest.H, 45, 187-188. 
 Proi>erty rlgiits, aequl.siiion of, 90. 
 PUirmltcan B;iy. 156; antimony on 179. 
 Pubiic liearings, 13. 
 Pulpwood. 170; industry, 172-173. 
 Quarry Island, molybdenite on, 179. 
 Quetico National Forest, 169. 
 Rainy Laice, 112, 119, 123, 160; area, 14; .storage <»n, 35, 60; noniendiiUiie, 11 1 ; 
 
 gold ndnes, 175; fisheries, 184. 
 Rainy Lake House, 123, 124, 141. 160, 181, 182. 
 Rainy River. 111. 119, 142, 149, 162, 180, 216. 
 Rainy River (town), 145. 
 
 Rainy River Improvement Company, 199, 218. 219. 
 Rainy River Navigation Company, 202. 
 
 Italpli, (.Jeijrge A., surveys of south shore, 19-20; on land values, 10.3, 104; on 
 tourist interests, 207. 
 
 Ranier, 144. 
 
 Rapid River, 115, 124. 143, 145. 
 
 Rathbun-Walteham .folnt ('ommfsiiion, 188. 
 
 Rat I'ortage, 129, 130. 131, 132. 137, 141, 142, 143. 144, 195; gold mining, 175, 
 
 176; fisheries, 183. {See Kenoni.) 
 Rat Portage House, 130, 204. 
 Rat Portage Lumber Company. 170, 171. 
 Recreation, 204-208. 
 Red Lake, 124, 126. 
 Red I..ake Indian Reservation, l42. 
 Red River, 193. 
 
 Red River settlement, 128, 108. 
 Reed River, 117. 
 Reed River route, 193. 
 Reference, text of. 3; scope of. 11. 102; Interpretation of question one, 26; of 
 
 question two, 28 ; of question ilu-ee. 32, 84. 
 Reglna gold mine, 175, 176. 
 
 Regxdation, how to be effected, 32; effect on various Interests, 49. 
 Regulation of lake levels desirable, 26. 
 Itiparliin lands, levels desirable, 41; on Winnipeg River, 42; flowage rights 
 
 on Winnipeg River, 64. 
 Riviere Blanche, 111. 
 Rivi6i*e du Lac la Piuie. 111. 
 Rivifire Maurepas, 111. 
 Roads. 148-149. 
 Robinson, F. J., 136. 
 Rock wood, 211. 
 Rocky Point. 115, 143. 
 Roddick, 145. 
 
 Rollerway Dam, 17; Government subsidy, 17; removal of, 18. 
 Roseau County, land values, 1G2, 265, 166. 
 Roseau River route, 19S. 
 
uiDsx. 259 
 
 Ilossland, 179. 
 
 HuHh, Hichnrd, 1S6. 
 
 Rush-I^iigot agreement, 95. 
 
 Suganugu I^ke, 112. 
 
 St. Andrews, 211. 
 
 St. Boniface, 157. 211. 
 
 St Croix I^uiubor uad MaMufa<lurin« (Unupuny. 170. 
 
 St. I»uiH County, hind vulufH. 1H2: UmiImt, 109; Irou lultiMi. 172k. 
 
 St. IxiUi8 Itlver. 112, 129. IWi, 221. 
 
 St. l/ouls River canal, 221. 
 
 St. Louis route, 192, 198. 
 
 St. I'uuls. 211. 
 
 Saint Pierre, J. It. L. de. 122. 
 
 St. Vital. 157, 211. 
 
 Sand l)eache«, effect of regulation on. 31. 
 
 Sand Hill Lake, 116. 
 
 Sand Point I^ike, 14. 112; ttsheries. 18-J. 
 
 Sandy Lake, 124, 128. 
 
 Sandy Point. 181. 
 
 Sauteaux IndiauH, 19(). 
 
 Savane lllver, 198. 
 
 Savannah Hlver. 128. 
 
 Sawblll gold mine, 175. 
 
 Schnarr. Dr., on noruuil or nHtuml, 54. 
 
 Schoolcraft. H. U.. 127. 181. 
 
 Scovil, 8. S., 188; on tuurlitt Interevta. 207. 
 
 Sea River. 111. 
 
 Seasonal fluctuatlonM In levelii. 51). 
 
 Seepage, effect of, 59. 
 
 Seine River, gold ndueit, 175. 
 
 Selkirk. Ixird. 125. 126, 129. 
 
 Settlement, 141-lflO. 
 
 Shcvlln-(Marke Lumber Oooqpnjr. ITO 471. 
 
 Shipping, llHt of. 28S-a88w 
 
 Shtml Lake. 181. 108; dlvemlon. 4A, 186-lOT. 
 
 Short. J.. 171. 
 
 Shunk, FriuH-iH R.. on lake lerela. 31. 82; on NonMn dMk SL 
 
 Stiver mining. 178. 
 
 SlmpHon, Sir (}<>«>rite. 12R. IW. 108, 107. 904. 
 
 Htng. J. (}.. 196. 109. 
 
 Sioux NarroWM. 111. 
 
 RleemnnM. 145. 
 
 i^oulh KawlMhIwI RIvicr. '£il. Itt. 
 
 South lOiore. I^ke ot ihr WnoOa. lloaaMi lawla. lOi 30; NaCa rapnft. !• p*^ 
 
 t«Bt« of aattlara. 10. 
 South W««t Oompany. UK. ISB^ 
 Spadal commlaalon mnrMtad, t8. 
 Bpoooar. 144. 171. 
 BtMun navlinidon. 105 10T. aOdL 
 BtMOtrann. Ifnlvor. pctftf of r a f ^p r ww. 108, 
 Staap R«>ck Pnll. 215. 
 Slolln gold ndnr. 175. 
 
 Stewart. Wllllnm J., on dvalrabia Irrahi fbr navUPllaa. A 
 Stone Roatwirk Onmpanjr. IST. IM. 
 
260 INDEX. 
 
 stonewall, 211. 
 
 Stony Mountain, 211. 
 
 Storas*' r<H<niiiiieii(UMl, .'{.'>; cMst of, 35; results secured, 36; effect of, 78. 
 
 Storage reservoirs, ufilizntion of, 34. 
 
 St rat ton. 14r». 
 
 Stuart. U«)»)ert. 125. 126, 12.S. 
 
 Stiir«iHm nsiieries, 180, 181, 18.3, 184, 186, 187. 
 
 .Sultana ^old mines, 175. 176. 
 
 Sununary of conclUKions, 39-40. 
 
 Summer campH. 207. 
 
 Summer reaort interests, levels desirable. 42. 
 
 Superior, 219, 220. 
 
 Sui)erlor National Forest. 1(59. 
 
 Supplemental conclusions and re4-«tnuncndations, 75. 
 
 Surveys of shore lauds, 56-57. 
 
 SwHllow-Hopkins Company, 170. 
 
 Tacli<i, Hisliop. 108. 
 
 Teclniical Investigations, 12. 
 
 Telcamimouen, Lalce, HI ; River, 119. 120, 121. 
 
 Testimony, 13. 
 
 Thorn, Adam, 196. 
 
 Thompson, David, 123, i:«, 134. 1.37, laS, 192. 
 
 Thompson, M. .T., 145. 
 
 Tiarks, I. I... 137, 138. 
 
 Tinsley, E.. on fisheries, 186. 
 
 Tittmanu, O. H., 140. 
 
 Tourist interests, 204-208. 
 
 Tower, 170, 188. 
 
 Traa.scona, 157, 211. 
 
 Treaty of Utrecht. 1713, 1.%. 
 
 Treaty of 1782, 133. 
 
 Treaty of Paris, 1783, 133. 
 
 Treaty of Amity and CV>mmercre, 1806, 135. 
 
 Treaty of (ihent, 1814, 136. 
 
 Treaty with Spain, 1899, 95. 
 
 Treaty of 1908, 140. 
 
 Treaty of 1911, interpretation of. 94, 97-98. 100, 103-109. 
 
 Triumph gold mine, 17.'». 
 
 Trout Lake, 131. 
 
 Tug Channel, 117. 
 
 Tunnel Island, 132. 
 
 Twining, A\'. .T., 116, 137, 138, 168. 
 
 Two Harl)ours, 219, 220. 
 
 Urafreville, E., 192, 193. 
 
 Uniform level vs. uniform outflow, 41. 
 
 Unite<l States Land Office surveys, 19. 
 
 Upham, Warren, 114. 
 
 Upper Rainy watershetl, 14 ; cliaracteristics, 14. 
 
 Vaudreuil, Marquis de, 135. 
 
 Vermilion Lake, 128, 188, 219. 
 
 Vermilion Range, 114, 174, 178. 
 
 Vermilion River, 192 ; power sites, 219. 
 
 Virginia and Rainy Lake Lumber Company, 170. 
 
INDEX. S61 
 
 Volstead drainage law, 147. 
 
 Wanigans, 194. 
 
 Warroad, 143, 144, 150; liarlMir iniproveuieuu. 18, an*: fimtMrtliw of. SI 
 
 Hystem, 31, 46, 151-156; land values, 106. 
 Warroad River, 116, 127, 131. 141, 142. 148. 151. 
 Watap, 191. 
 VVater-r><)wer Intfrextx. 200-220; at ihuIkh. It-vels dt^irublr. -Mi 47 ; .m 
 
 Halny Kiver, 48; on Winnipeg River, eflTet-t of rej^ilMtlon. 48-49. •JT. 
 Waterslied niiip. 13. 
 Water .supply and sanitation, 151-158. 
 Watrous Island B<x>ni (Vtnipany. 201. 
 WebHter-Ashhurton Treaty. 22:{. rJ4. 225. 282, 288, 284. 
 West Selkirk. 211. 
 Western Canal ConipHuy, 201. 
 Western Outlet, 16. 
 Wheeler, Alonzo, 143. 
 WJieeler's Point. 148. 
 White. Aubrey, 169. 
 White, James, 186. 136. 
 White DoK Rapids power site, 212. 218. 
 Whitefish Lake, 111, 131. 
 White Iron Lake, 221, 222, 228. 
 White River, 111. 
 Whitotnud FallK. 212. 
 Wild pune. 207-208. 
 Wild rUv, 15i». HJO, 161. 
 WlleyM reef, 195. 
 Wl-nlpi River, IIL 
 WInipIr River. 112. 
 Winni|HH>k Rl%er. 112. 
 
 Winnipeg. 144, 156. i.'iT. Jtrr. 210, 212. 213. 228. 
 WlnnlpHf BlectrU' Ratlwuy (*«ini|Miiiy. 210. 211. 212. 2lli ML 
 Wlnnl)H'K KlfH'trh: StrtH>t Railway t^oiuiNiiiy, 211. 
 Winnl|K'K <i<-ii«'ral l*ow««r (%»nipany. 211. 
 Wlnnl|H>K. I4ikc. ill. 122.222. 
 WInnliM'K River. 111. ItiR. 200. 21.1. 222. 
 Winnl|M<ff Rivrr I'owi*r <Vini|Niny, 210. 212. 
 WlnnlrM*Keon-«^MiM<, 112. 
 WInton. 170. 
 Wltrh'N Cauldron. 181. 
 
 Woirr, I.. I'.. rriNirt on Warnwil mwftnm, 48. lai-iao. IW ttt 
 Wolfiol«>y, ClNrnot. 161. 
 Wfwlnian. A. J., on tliilirrteii, \M. 
 W'yvttW, M. M.. Nnifie of r > ft >g o c». 108. 
 York iMMita. 104. 
 Yuin-Yiun goM mlii«. 17& 
 7ilnc-blend4*. 170. 
 Zippel. W. M.. 148. 
 Xipiwl lUy. ll^ 141. 900. 
 Zlp|H>l Cn^k, 148. 
 

 '■D21-100„.12,.43(8,S6., 
 
YD 07 
 
 IsJsJ 
 
 369799 
 
 UNIVERSITY OF CAUFORNU UBRARY