Niagara Parks Commission annual report, 1901

SIXTEENTH ANNUAL REPORT

COMMISSIONERS

FOR THE

QUEEN VICTORIA NIAGARA FALLS PARK

. OF THE

PROVINCE OF ONTARIO

FOK

THE YEAK ENDING DEOEMBEK 31st

1901

PRINTED BY ORDER OF

THE LEGISLATIVE ASSEMBLY OF ONTARIO.

TORONTO :

Printed and Published by L. K. Cameron.

Printer to the King's MoEt Excellent Majesty.

1902.

SIXTEENTH ANNUAL REPORT

OF THS

COMMISSIONERS

FOR THE

QUEEN VICTORIA NIAGARA FALLS PARI

V

PROVINCE OF ONTARIO

THE YEAK ENDING DECEMBER 31st

1901

PRINTED BY ORDER OF

THE LEGISLATIVE ASSEMBLY OF ONTARIO.

TORONTO :

Printed and Published by L. K. Cameron.

Printer to the King's Most Excellent Majesty.
1902

NIAGARA FALLS PARK.
The Hon. J. R. Stratton, M.P.P.,

Provincial Secretary Province of Ontario,

Parliament Buildings. Toronto.

Sir: I have the honor to transmit herewith for presentation to the Legislature of
Ontario the Sixteenth Annual Report of the Commissioners for The Queen Victoria
Niagara Falls Park, together with the Appendices thereunto attached

I have the honor to be, sir,

'I

Tour obedient servant

J. W. LANGMUIR,

Cmiirman.

WARWICK BROS' & RUTTER,
Printers.

[2]

I

SIXTEENTH ANNUAL REPORT

COMMISSIONERS

QUEEN VICTORIA NIAGARA FALLS PARK

To the Honorable Sir Oliver Mowat, P.C, K.C.M.G.,

Lieutenant-Governor of the Province of Ontario.

May it please your Honor:

The Commissioners for the Queen Victoria Niagara Falls Park beg to submit their
Sixteenth Annual Report, together with the usual statement of receipts and expendi-
tures, being for the year ended 31st December, 1901.

OBITUARY.

Before entering on a record of operations for the past year, the Commissioners
desire to express their deep regret in the losp they have sustained by the death of their
esteemed colleague, Mr. B. E. Charlton. During the five years that Mr. Charlton occu-
pied a seat at the Board his matured judgment in business matters, and in public affairs
generally, enabled him to give very valuable counsel to the Commission In carry-
ing on the important public trusts Which have been committed to their care.

ONTARIO POWER COMPANY.

In their Fifteenth Annual Report the Commissioners referred at length to the ap-
plication made by the Ontario Power Company to have their Agreement of 11th April,
1900, amended in certain particulars, namely :

1. To provide for the carrying on of the works referred to. and described in the
Agreement as the second development in advance of the works referred to therein, de-
scribed as the first development — that is to say, that the waters of the Welland River
should in the first instance be conducted to a forebay, rmmefliately north of Table-rock
House, and used under the high head obtained by placing the Power-house in the gorge
of the River below the Falls.

2. That the waters for power purposes shall enter the Park in tunnels beneath
the surface of the high bluff, west of the gravel pit, instead of by an open channel.

3. That a higher level of somewhat greater width should be given to the waters
of the hydraulic canal and forebay in the Park than was at first proposed.

4. That the waters In the forebay be uncovered.

THE REPORT OF THE COMMISSIONERS FOR THE No. 6

The Directors of the Power Company represented that these changes from the
Agreement of April, 1900. had been strongly recommended by their Hydraulic Experts,
after a scientific investigation of all the conditions governing the project. A careful
examination, by the Commissioners, of that portion of the Park, that would be affected
by the pr6posed changes, showed that in one or two respects the surface of the Park
would be more or less injured, while in other respects the changes would be distinctly
advantageous.

After full consideration of the matter by the Commissioners, and protracted ne-
gotiations with the Company, an agreement was arrived at. under the terms of w'lich
the principal changes desired by the Company were approved, but subject to such condi-
tions as will not only properly safeguard the Park interests, but which" will at the same
time enable the carying out of several very important improvements, which the Com-
missioners have long had in contemplation. The text of the amended Agreement will be
found in the Appendix to this Report.

Up to the present time the Company has not commenced active operations, but
the Commissioners have the assurance of the President of the Power Company that the
preliminary works are now sufficiently advanced to admit of an early start being made
in the spring.

CANADIAN NIAGARA POWER COMPANY.

Early in the summer the Canadian Niagara Power Company informed the Com-
missioners that they had tentatively completed their financial arrangements, and were
ready to begin construction operations, under the terms of Agreements made 7th April.
1892, and 15th July, 1899. The Company, however, represented to the Commissioners
that owing to uttavoiaaule delays the time limit stiiJilated in the Agreements was not
sufficient for the completion of the first instalment of power to be developed by their
works, namely, water connections for the development of 25,000 horse-power, and 10,000
electrical h.-p., to be actually ready for use, supply and transmission on or before tho
1st day of July, 1903; failure in which respect involved tte complete forfeiture of all the
licenses, powers and authorities granted to the Company, under the terms of the Agree-
ments referred to.

In order that the Company might complete its financial arrangements, they de-
sired that an assurance should be given by the Commissioners, that in case the worh-fi
were begun immediately, and prosecuted with all due energy, and yet failed througl-
strikes or other unavoidable causes of being fully completed within the time set forth
in the Agreements, the powers of forfeiture should not be arbitrarily exercised by the
Commissioners, but that a reasonable time be allowed thereafter for finishing np the
works and putting the grounds in order, as required under the terms of the contract.

As several years had passed since the Company entered upon its first Agreement,
and several months had elapsed since the execution of the second Agreement, and still
no substantial progress had been made in the prosecution of its works, the Commis-
sioners considered it imperative that the Company should give the most substantial
assurances of its determination to proceed with the work, before granting the extension
asked. After lengthened negotiations, an agreement was finally arrived at, whereby the
Company was granted until 1st July, 1904, for the completion of its first instalment of
power, but subject to the following provisions, namely:

1st That the Company should expend $250,000 before the Ist of July, 190?, in work
and materials in the execution of its Agreement

2nd. The Company to satisfy the Commissioner of Public Works for Ontario, on
or before the Ist July, 1902. that it had actually expended, or contracted to expend, on or
before the Ist July, 1903, the sum of $1,500,000 in works, plant and material in connection
with the project.

3rd. The Company to have completed on or before the 1st July, 1904 — First — Water
connections for the development of 50.000 horse-power. Second — The outflow at any rate

i94»l QUEKN VICTORIA NIAGARA FALLS PARK

for 100,000 h.-p.. and. Third — To have actually ready for use, transmission and supply
20.000 electrical h.-p.

4th. The Company to deposit tlie sum of $20,000 in the joint names of the Chair-
man of the Commissioners and Mr. Wallace Nesbitt. to be forfeited to the Commissioners
on a certificate from the Commissioner of Public Works for Ontario that the Company
had not actually expended, or contracted to expend, the several sums mentioned in
paragraphs 1 and 2.

5th. The Agreement to be subject to approval and ratification by the Legislature of
the Province.

It will be observed that under the terms of the amended Agreement, the Company
has undertaken to make its initial development 50.000 horse-power of water con'nectlons,
instead of 25.000 h.-p.. and 20,000 Ebrse-power of generated electricity instead of 10,000
h.-p., being double the quantities which the Company had contracted to furnish under its
previous Agreements. This large increase in the initial development of electrical power,
will not only sooner benefit the Park finances, but will practically confine the construc-
tion of all the works affecting the surface of the Park, to two units only for the ulti-
mate development of 100,000 horse-power, for which the plant is designed. The works
necessary for the extension of the electrical output thereafter will be confined chiefly to
additions from time to time to the Power-house building, which will affect only a very
small area of tfie Park, thus enabling the grounds in the vicinity of the works to be
permanently restored sooner for park purposes than they otherwise could.

The Canadian Niagara Power Company also made application to the Commls-
sfoners lor permission to sink a shaft midway between the site of their new power-
house and the portal of their discharge tunnel, in order to expedite the construction of
their works, and also for the right to build a transformer house. The Commissioners
finding these requests to be in furtherance of more expeditious nroceedings. they were
granted.

All the Agreements entered into in respect of these several matters will be found
in the Appendix to this Report.

Immediately" after the execution of the Agreement the Company commenced active
operations on their various works in the Park, and have since carried them on with
great energy. The Commissioners have just received from the Company a statement
showing that up to this date they have already expended on works in the Park, and
have entered into contracts for works in progress, as well as for machinery and plant
to be delivered, an amount exceeding $1,750,000.

The construction of works of such magnitude must of necessity cause temporary dis-
figurement to a considerable portion of the Park, and not a little injury to the driveways.
but these drawbacks cannot be avoided in the early stages of such a work, and must
be endured for another season.

FORT ERIE FERRY RAILWAY COMPANY.

The Fort Erie Railway Company obtained a charter from the Legislature in 1897
to construct a line of Electric Railway from Chippewa to Fort Erie, and in furtherance
of this project the Company entered into an Agreement with the Commissioners on the
lOth April, 1900, whereby the Chain Reserve along the margin of the Niagara River, be-
tween the points named. Is to be used in part for a right of way. The work of con-
struction has not. as yet, been begun, but the Commissioners are informed that the
Company has deposited their plans with the Department of Public Works, as required
.by charter, and are now In a position to commence work at any time. Meantime the
rental under the Agreement has been paid.

SUNDRY APPLICATIONS FOR RIGHTS.

In addition to the more Important transactions referred to. the Commissioners
have, during the year, dealt with several matters requiring more or less consideration,
some of which may be briefly enumerated: (1) The renewal of the lease of the Maid of

THE REPORT OF THE COMMISSIONERS FOR THE No. 6

the Mist Steamboat Company was granted for one year only; and in view of tlie iu-
creased travel expected in 1901. the rental was somewhat increased, (2) Application for
landing privileges, adjoining those of the Maid of the Mist Steamboat Company was made
early in the year, by several gentlemen, who contemplated putting on ^ rival line yjt
boats in the gorge. After prolonged negotiations between the applicants and the Com-
missioners, when all the difficulties incidental to the undertaking were considered, the
applicants decided to abandon the project. (3) The Niagara Falls Gas Company asked
for permission to cross the Chain Reserve with pipes to bring its supply of gas from
the American side, and also for the privilege of laying pipes at certain points along the
reserve, to supply customers with gas for house-warming and other purposes. The
privileges asked for were granted conditionally and under restrictions safeguarding the
Interests of the Park and of the public.

An application was made on behalf of some American gentlemen, Aifho desired to
obtain the privilege of constructing an aerial railway across the gorge from Table Rock,
on the Canadian side, to a point on Goat Island in the New York State Reservation —
the object being to convey passengers from one si^e of the river to the other on cars
suspended from wire cables, and carried as near to the face of the Horse Shoe Falls as
possible. Application was also made for the privilege of erecting a Ferris Wheel In the
Park, and for other schemes of making money out of the numerous visitors expected at
the Falls during the Pan-American Exposition. The Commissioners deemed all of these
so-called attractions to be, not only unnecessary, but entirely at variance with the
principles which have governed them in the granting of park privileges, and they were
therefore refused.

OLD FORT ERIE.

During the past ten years Municipalities and public bodies along the Niagara
Frontier have expressed the desire that the historic old Fort and grounds at Fort Erie
should be placed under the care of the, Commissioners, and maintained as a part of the
Park system. In compliance with this frequently-expressed desire, and in order to pre-
serve the Fort grounds from further desecration, the Dominion Government has granted
a License of Occupation for the ITVi acres in the reservation surrounding the ruins of the
old Fort, upon the terms and conditions usual in grants of this nature, and providing
that the lands in question shall be only used for the purposes of a public park. The
Commissioners have taken possession of the property, and purpose to fence and plant
the same in the spring.

VISIT OF ROYALTY.

On the 13th of October, the 89th anniversary of the Battle of Queenston Heights,
the Park was honored by a visit from their Royal Highnesses the Duke and Duchess
of Cornwall and York, now the Prince and Princess of Wales, accompanied by His
Excellency the Governor-General and Lady Minto, and their distinguished suites. The
visit was informal in its character, but the Park Superintendent, assisted'by the Presi-
dent and Manager of the Electric Railway Company, and the Secretary of the Canadian
Niagara Power Company, had the honor of pointing out to their Highnesses the various
points of interest, as well as the historical features of the journey between Queenston
and Chippewa. During their visit their Royal Highnesses performed the ceremony of
locking a box, containing the plans and records of the works, projected by the Canadian
Niagara Power Company in the Park, which is to be placed in the corner-stone of fbe
Power-house building.

PAN-AMERICAN VISITORS.

The past season was an exceedingly busy one. The greatly increased number of
visitors to the Falls and Park, owing to the proximity of the Pan-American Exposition,
taxed the transportation facilities, between the two points, to the utmost, and necessi-
tated much additional work by the Park staff in order to provide for the safety, con-

11NI1 QUEEN VICTORIA NIAGARA FALLS PARK.

Tenlence and comfort of the numbers that thronged every point of interest between
Queenston and Slater's Point. Notwithstanding the abnormal increase in the number
of visitors, good order was maintained throughout, for which the Parle Officials are de-
serving of much credit.

GROWTH OF THE PARK SYSTEM.

As a period of seventeen years has elapsed since the Legislature authorized the
appoinTment of Park Commissioners and the acquirement of lands adjacent to Niagara
Falls, for Park purposes, and as over fifteen years have passed since the property was
taken over, and the works of restoration and improvement were begun, and more espe-
cially as the area of the Park has been constantly increased, it may be interesting to
briefly review a few of the more important features of the work of the Commissioners
during that period.

The lands originally set apart for the Park included an area of about 154 acres,
and extended from the Clifton House on the north to a short distance south of the
Dufferin Islands, comprising a frontage along the Niagara River of one mile below and
a mile and a half above the Horse Shoe Fall. To this, there has been added from time
to time about 580 acres, so that at the present time the jurisdiction of the Commission-
ers extends over an aggregate of some 734 acres, comprising a strip of land along prac-
tically the whole bank of the Niagara River from Lake Erie to Lake Ontario, with
enlarged park areas at Old Fort Erie, Niagara Glen and Queenston, in addition to the
Park proper at Niagara Falls, and with a river frontage of about 27 miles.

The incorporation of so much additional territory Into the park has necessarily
Involved a very considerable outlay, in order to provide suitable facilities for the public
at as many of the points of attraction as possible, and the expenditure for keeping the
property in good and serviceable condition has now become an important consideration.
It will be very evident that if the Park is to be worthy of its name or of its character
as a Provincial undertaking, generous provision must be made for improvefnents from
time to time, and also for annual maintenance and renewals.

The following summarized statement will show, in condensed form, what tlie
Commissioners have been able to accomplish during the fifteen years they have had
control of the property:

RECEIPTS.

From Provincial Government for preliminary expenses. $ 18.929 04

" Sale of Park debentures 611.953 07

" Water-power privileges 229.577 78

" Railway privileges 103.250 00

" Photo, restaurant and other privileges 97.391 59

" Tolls — Islands and Brock's Monument 26.243 30

" Sales of old materials, etc 22.538 79

Bank balance 2,704 39

$1,112,587 96

EXPENDITURES.

Paid for lands, including costs of arbitrations |455,737 12

" permanent improvements 98,972 50

" Policing, general maintenance and ordinary matters 229,203 90

" Coupon Interest on debentures 328.674 44

$1,112,587 96

It will be seen from this statement that the Interest charges on the $600,000 de-
bentures are equal to the aggregate of the expenditures made for maintenance and Ira-

THE REPORT OF THE COMMISSIONERS FOR THE No. 6

provements, including the expenditure for preliminary works when the property was
first acquired. It will also be noted that the income from the property for the fifteen
years the Park has been in existence has amounted to over $479,000, or considerably more
than the original cost of the land.

With the exception of a small amount which was paid by the Government for th*
preliminary surveys, etc., in connection with the establishment of the Park, the Pro-
vince has paid nothing whatever towards the cost of the entire system, the revenues
from the property having been required to bear the annual charge for interest on the
debentures and all the costs of improvements and maintenance, in connection with, not
only the original Park Reservation, but also of the extensive accretions which have been
made thereto from time to time. In this connection it may be noted that the State of
New York has provided very liberally for the corresponding Park on the American
side, the area of which is about 110 acres. During the 17 years this Park has been in
existence the State has appropriated nearly $325,000 for new works, and over $405,000
for policing and maintenance, or about $730,000 in all, while the income derived from
the property has been about $130,000. It would appear, therefore, that tl)<? net cost to
the State of New York of the Reservation at Niagara Falls has been ovel* '$2,000,000.

That the Commissioners have been able, with the very limited means at their com-
mand, to accomplish so much for the development of the Queen Victoria Park, withont
callling upon the Provincial Treasurer for assistance, is certainly a matter for congratu-
lation, but, as has been pointed out in several of the Annual Park Reports, many im-
portant improvements, which would add greatly to the public enjoyment, at
various points, have had to be deferred from year to year for want of the moneys neces-
sary to their execution, and although the Commissioners have, on several occasions, re-
commended a small issue of debentures, in order that the most pressing of these works
might be gone on with, yet the uncertainty which has so long existed in respect of the
development of the water power, and the consequent want of assurance as to the
revenues which could be depended upon, to provide for the interest on the outlays for
such works, these recommendations have not hitherto been acted upon. Now, however,
that the development of the water-power on a large scale By one of the Companies
holding franchises is fully assured, and the best information at the command of the
Commissioners leads them to believe that the other Company intends making an early
start upon its works in the spring, the Commissioners are strongly of the opinion that
there should be no further delay, and they, therefore, again recommend that authority
be granted for an issue of Park Debentures to the amount of $50,000 in .order that the
most urgent of these matters may be effected during the coming summer, the Deben-
tures to bear Interest at the rate of three and one-half per cent. (ZYz per cent.), payable
half-yearly, and maturing on the same dates as the previous issues.

The various field works which were carried out by the Commissioners during the
year are referred to at length in the accompanying Report of the Superintendent of the
Park.

The following statement will show the receipts and disbursements for the year:

RECEIPTS.

Balance in Imperial Bank January 1st. 1901 $ 8,733 04

Annual rental from Canadian Niagara Power Company $15,000 00

" " from Niagara Falls Park and River Co 10.000 00

" " from Zybach & Company 8.200 00

" " from wharf privileges 532 00

" " from Fort Erie Perry Railway Company 750 00

Receipts from tolls on Islands and at Brock's Monument... 2.530 60

" " sales of old materials and sundries 298 91 $37,311 51

Overdraft at Imperial Bank December 31st. 1901 $ 2,704 39 $48,748 94

1901 QUEEN VICTORIA NIAGARA FALLS PARK.

EXPENDITURES.

Capital account:
Paid for permanent improvement, including cost of ma-
terials % 3,112 81

" " wages of mechanics and laborers 1,907 54 $ 5,020 35

Maintenance account:
.•*ald salaries and wages, including wages of teams, labor-
ers, etc $15,278 67

" cost of materials 3,191 74

" Office expenses * 252 46

" Commissioners' expenses 603 38

" Miscellaneous 207- 00

" Interest of bank overdrafts 7 05 $19,540 30

" Coupon interest on bond and Bank charges $24,188 29 $48,748 94

All which is respectfully submitted.

J. W. LANGMUIR,

Chairman.
GEORGE H. WILKES.
JAS. BAMPFIELD.
A. W. CAMPBELL.

10 THE REPORT OF THE COMMISSIONERS FOR THE No. 6

APPENDIX A.

REPORT OF THE PARK SUPERINTENDENT.
For the Year Ending December 31st, 1901.

To the Commissioners for the Queen Victoria Niagara Falls Park :

Gentlemen, — The past year has been in very many respects quite the most in-
teresting in the history of the Park. Towards the close of the year 1900 a number
of gentlemen resident in the Village of Lewist6n suggested an international celebration
of the passing away of the nineteenth century and the dawning of the twentieth, by
the burning of two gigantic beacon fires — one to be placed in the Queenston Heights
Park, overlooking the Village of Queenston, and the answering one on the heights
overlooking the Village of Lewiston in the State of New York, and solicited the co-opera-
tion of the Park officials In carrying out the proposal. Friendly rivalry was soon
aroused, the citizens of each village being desirous of making the best display, and
much enthusiasm was manifested in providing fuel and fireworks for the interesting
occasion. At a second or two before midnight on the 31st December the light of the
eastern beacon on Lewiston Heights was seen, and a moment later the one on Queens-
ton Heights responded, while a mighty shout from the citizens assembled was echoed
and re-echoed across the dividing waters of the Niagara River, followed by the sing-
ing of the respective national anthems of the two countries. One of the 24-pounders,
guarding Brock's Monument, was requisitioned, and a salute of nineteen guns fired,
under the comjnand of Major Sheppard, and was answered from Lewiston by a brass
field piece. The celebation. which was perhaps the only one of an international char-
acter marking the dawn of the new century, passed off most successfully.

VISITORS FROM THE PAN-AMERICAN EXPOSITION.

•
Another interesting event, and one which necessitated a good deal of special
preparation, was the opening of the Pan-American Exposition at Buffalo in May, and
which continued until the 1st of November. The distinctive features of the exposi-
tion attracted great numbers of visitors from all parts "of fBe world; and a very largo
proportion of these spent more or . less time in seeing the many attractions in and
about Niagara Falls. Without doubt the number who entered the Park during the
season was fully equal to the aggregate of any two years since its opening in 1888.
and It is worthy of note that, notwithstanding all this great gathering of peoples of
many nationalities , and of varying characteristics, the precautionary measures which
had been adopted by the Board for the preservation of good order were so eminently
successful that not a charge of violence against person or property in any portion
of the Park system was made throughout the season. This resufl is distinctly
creditable to the Park's Chief Constable and his assistants. I must also take this
opportunity of bearing testimony to the most efficient manner in which the Provincial
police, unaer Chief Mains, prevented the admission into Ontario of the thieves, pick-
pockets and confidence men, who thronged the many points of contact with the Am-
erican side, but who found practically no opportunity for carrying on their nefarious
work on this side of the river.

ILLUMINATION OF THE FALLS AND GORGE.

This season the crowds of visitors were not confined to the day time; but a most
Interesting feature of the midsummer months was the illumination of the Falls by
searchlights on a scale never before attempted. Every evening powerful electrical

1901 QUEEN VICTORIA NIAGARA FALLS PARK. 11

searchlights were brought to bear upon the Falls and surrounding territory from the
top of the high tower on the American side, from the Fallsview Station of the Michi-
gan Central Railroad overlooking the Park, and also rrom a trolley car passing up ami
down the Gorge Railway. In addition to these very powerful luminants the smaller
itarchlights of the steamers plying between Slater's Dock and Buffalo were often
thrown down stream from the upper river, and from the more elevated portions of the
Park the beautiful Electric Tower, the chief feature of the Pan-Americau Exposition,
surmounted by Its mammoth searchlight, was clearly discernible. The effect of all
this lavish display of electrical light upon the Falls and upon the rapids above and
the turbulent waters In the gorge below, was a new revelation of beauty, which was
very highly appreciated by citizens and visitors alike.

OPERATIONS OF CANADIAN NIAGARA POWER COMPANY.

The commencement of work In the Park by the Canadian Niagara Power Com-
pany on 31st May last, marks a new era In the history of Niagara Falls. The plana
of the company provide for diverting a small proportion of the water of the Niagara
River at the south end of Cedar Island, and by means of a short canal or forebay
conducting It to the power house located on the west side of the original western
channel of the river at this point, therice by means of penstocks carrlfed down In SL
chamber cut in the solid rock to a depth nearly equalling the height of the Falls, the
water will act upon water wheels placed on the lower end of a long steel shaft, the
upper end of which will revolve the moving parts of the electric generators built on
the floor of the power house. After turning the wheels the exhaust water will be
carried away by a tunnel cut through the rock to the gorge of the river below the Falls.

In order to expedite the construction of this tunnel, which will be a work of
great magnitude, the company, under agreement with the Commissioners put down
a shaft on the west of Cedar Island, and about midway of the length of the tunneL
and after reaching the proper depth, headings have Bfeen driven in either "airectlon, and
In this way permitting of work being carled on much faster than by driving in from
the portal alone. Up to the end of the year this work has progressed in a very sat-
isfactory manner. Excavations for a large part of the Inlet canal, the wheel pit and
the power house have also been carried down to bed rock, and made ready for the
work which may be performed in the winter season. A coffer dam to keep out the
waters of the river while the other works are being carried on. has also been construct-
ed. Altogether a very large amount of work has already been performed, and large
quantities of materials have been delivered on the ground, in addition to the in-
stallation of machinery and appliances for expeditiously prosecuting these works.

The carrying on of all these extensive operations has of necessity destroyed, for
the time being, a large area of the Park surface, and as the work progresses doubt-
less a still larger area will be required for the deposit of waste materials, and the stor-
age of the many kinds of building materials and appliances to be incorporated into
this work. Fortunately, however, the principal works are to be constructed well to
the south of the Table Rock House, and as the great majority of visitors are not at-
tracted beyond this point, all that portion of the Park from the Mowat Gate to Table
Rock will, as heretofore, be available for their convenience and enjoyment.

The heavy teaming of materials and machinery required in the new works over
the Park driveways has cut them up badly, particularly in the neighborhood of the
Falls, and substantial repairs will be required in order to make the roads good for
the heavy carriage travel of July and August

Where the excavations for the new Power House Interfered with the Park drive,
a piece of new roadway has been constructed which will carry the trafllc close to the
main entrance of the building and alongside of the western face of that substantial
and ornate structure. The principal Park driveway will, however, when the works
are completed, be along the bank of the river, and be carried over the intake canal
by means of a bridge.

12 THE REPORT OF THE COMMISSIONERS FOR THE No. 6

DRIVE SHED AND TIE-UP YARD.

For several years past the farmers and others resident within driving distance
of the Falls have been desirous of having better facilities for the accommodation of their
horses and carriages when in the Park, and as the number of large district or Sabbath
school and church picnics has multiplied of late years, the Commissioners determined
to provide the best possible facilities for the convenience of this most desirable class
of visitors. A portion' of the Park remote from spray and well shaded was therefore
set apart for the purpose, and a well-drained and gravelled yard, with a drive shed
suitable for sheltering twenty carriages, and surrounded by a tie-up yard capable of
containing forty additional teams and waggons was provided. An abundant supply of
spring water was brought to the ground, and a watering trough and other conveniences
were added. The shed is of Iron pipe frame, covered with corrugated steel, and pre-
sents a neat appearance. As the new yard was located close to the sidehill bounding
the Park, a well gravelled roadway was made fo it leading in from the main Park
driveway at the south end of Inspiration Point turn out.

That the work as executed has been satisfactory to those who most frequently
make use of it is sufllciently evidenced by tbe cordial vote of thanks which the Stam-
ford Township Council has tendered the Commissioners In this connection.

NEW SHRUBBERY, ETC.

Along the fronr pathway, and between it and the Electric Railway tracks, several
long narrow beds of irregular outline have been laid out, and these were filled in the
spring with dwarf flowering shrubbery of the choicest varieties. New beds of shrub-
bery have also been made around the new tie-up yard, and extending from the north-
erly end of the ball ground to the Robinson street entrance to the Park. As this is
one of the best sheltered portions of the domain and the soil is naturally favorable,
the most tender of the flowering plants, such as the rhododendrons, azalias. etc., etc.,
have been transferred to this location; these are Interspersed with choice varieties of
half hardy shrubs and trees, which in a very short time will make this one of the
most desirable portions of the Park to those who appreciate forms of plant life not
common to our own country.

A very desirable collection of ornamental trees was added during the year, and
advantage was taken of the closing of the Pan-American Exposition to secure, at nom-
inal cost, some very fine specimen evergreens and one of the prize collections of the
beautiful "Azalea Mollis," which will add materially to our stock in hand.

Under the careful and skilful management of the chief gardener, the collection
of plants in the greenhouse has become of great value, an3 is very much admired and
enjoyed by visitors, many, however, of the larger growing varieties have now got quite
beyond the capacity of the modest building erected in 1897, and a substantial addition,
which will afford room for high growing tropical plants, is sorely needed. A new
variety of Begonia, which the Park Gardener has originated, attracted very much at-
tention at the Buffalo Exposition for its great wealth of bloom and graceful habit. X
basket of Dahlias, sent up to brighten the table of the Horticultural display, and which
was not Intended for competition, but which the Superintendent of the exhibit con-
sidered worthy of a place In the competition with all America, and entered it of his
own accord, captured no less than three first and two second prizes out of the five
classes of varieties sent. As the flowers were not prepared snecially for show, the
result is at least creditable to the Park and to Its Chief Gardener.

ADDITIONAL CONVENIENCES.

In anticipation of many additional visitors the lavatories and conveniences tor
their accommodation were carefully gone over and Improved. A new and much larger
lavatory building was substituted for the small wooden structure on the edge of the

IJHII QUEEN VaCTOKlA NIAGARA FALLS PAHK. " 13

cliff near Inspiration Point. It is constructed of lasting materials and flushed by a
constant stream of spring water. In the large shelter at the rear of the restaurant
the lavatory facilities for ladies were also increased and proved to be quite necessary.
The space in this large room formerly occupied as a tool room, being required, a suit-
able building was erected in an out of the way spot adjoining the tie-up yard; this
was built wholly of iron and steel, and has been found a great convenience to the
workmen.

QUEENSTON HEIGHTS PARK.

For the past two or three years the interior lining of the walls of the chambers
formed in the base of Brock's Monument have been showing signs of weakness, and
during the winter of 1899 large portions of the cement plaster became loosened by the
frost and by spring time had fallen. Part of this was attended to last season, and
the whole of the ground floor gallery was made good. This year the upper gallery
and portions of the main shaft up to the very top required renewal. Practically all
the old lining was chiselled off and the circular walls of the column and the walls
and ceilings of the gallery were thoroughly recoated with the best cement plaster.
Owing to the very contracted limits of the space in the shaft, and the difficulty in tak-
ing up and removing materials, this proved to be a very tedious work.

Upon examination it was also found that in many of tlie outside joints the point-
ing had deteriorated, and water was finding its way through the masonry. All the
most exrosed portions of the pedestal and basement, and particularly the exterior
angles on which rest the emblematic devices suporting the shield with the armorial
bearings of Sir Isaac Brock, had the joints cut out, caulked and tuck-pointed in the
best possible way.

The dwarf wall enclosing the monument has been heaved by the frost in several
places, and it will require to be taken down and rebuilt next season.

The ball ground to the w^est of the redoubts was levelled and enlarged and the
picnic grove was cleaned up and improved in several ways.

As was to be expected, the number of visitors was greatly in excess of other
years; and some very large picnic parties took advantage of the facilities afforded to
spend a happy day on the historic field.

NIAGARA GLEN.

At Niagara Glen a new path was constructed, beginning at the foot of the stair-
way and following the line of the cliff to its southerly angle, thence in a winding di-
rection down the talus to the river level. This patE opens up some very interesting
features of the Glen, and makes it possible to see much of its ISeauty without travel-
ling twice over the same ground. Several additional pot hole stones of mammoth
proportion;^ have been found, and as there are a number of these nearly in line with
each other, and practically upon the same contour level, a new path will be required
In order to make them accessible, as otherwise the ground is too uneven for the av-
erage visitor to venture over.

Every visitor to the Glen is charmed with its much varied scenery and delight-
ed with its wealth of botanical and geological treasures, and it is to be regretted that
comparatively few have so far taken the trouble to explore its recesses.

The whole respectfully {submitted.

JAMES WILSON. Superintendent

14 THE REPORT OF THE COMMISSIONERS FOR THE No. 6

APPENDIX B.

AGREEMENT WITH THE CANADIAN NIAGARA POWER COMPANY
FOR EXTENSION OF TIME.

This Agreement, made this Nineteenth day of June, 1901, between the Commis-
sioners for the Queen Victoria Niagara Falls Park, acting herein on their own behalf
and with the approval of the Government of the Province of Ontario and hereinafr-?r
called the Commissioners of the First Part.

And the Canadian Niagara Power Company, hereinafter called the Company, of
the Second Part.

Now these presents witness and subject to approval and ratification by the Leg-
islature of the Province of Ontario at its next session of the provisions hereinafter
contained, it Is hereto agreed by the parties hereto.

(1) That tiie period of time for the completion of the works specified by para-
graph 10 of the Agreement of 7 April, 1892, made by and between the Commissioners
for the Queen Victoria Niagara Falls Park, acting therein on their own behalf, and
with the approval of the Government of the Province of Ontario and hereinafter called
the Commissioners of the First Part and Albert D. Shaw of Watertown, in the State
of New York, Francis Lynde Stetson and William B. Rankine of the City of New
York in the State of New York, thereinafter called the Company of the Second Part,
and paragraph 6 of the Agreement of 15th July, 1899, made by and between the parties
to these presents be extended to the First day of July, 1904, provided.

(A) That the company will satisfy the Commissioner of Public Works for On-
tario that before the First day of July, 1902, the company has actually expended with-
in Ontario the sum of Two hundred and fifty thousand dollars in work and mater-
ials laid out in excavations and in the foundations and erection of buildings in ac-
cordance with the Plan "A" annexed to the aforementioned agreement of 15th July,
1899, and the specifications relating thereto; and provided that the Commissioner of
Public Works may allow the machinery and plant then on the ground according to
its value as the said Commissioner of Public Works may determine as part of the
said sum of two hundred and fifty thousand dollars to be actually expended as aforesaid.

(B) And, further, that the company shall on or before the First day of July,
1902, satisfy the Commissioner of Public Works for Ontario that it has expended or
has contracted to expend upon the said works for labor, material, plants, building
and machinery (Including the work and materials mentioned In clause (A) of this
agreement) to be respectively delivered, executed and performed or contracted so to
be on or before the First day of July, 1903, at least the sum of one million, five hundred
thousand dollars, the said works to be constructed in accordance with the plan attached
to the afore-mentioned agreement of 15th July, 1899, and th« specifications relatinic
thereto (as varied by the contract bearing even date herewith) and all such contracts
as aforesaid to be produced to the said Commissioner of Public Works and verifle<l
copies thereof filed with the Commissioner of Public Works on or before the said
First day of July, 1902.

And it is also agreed that the amounts actually expended or contracted for by
the company within the «said several respective periods shall be determined by the
Commissioner of Public Works for Ontario, whose decision shall bo ftnai and the
company shall furnish to such Commissioner all such information as he shall ^
quire in the premises for the purpose of making such determination, and should the
company for any reason refuse or neglect to furnish such Commissioner such Informa-
tion as aforesaid thp Commissioner may proceed to make such determination on any
ground he may think proper.

1SH»1 QUEEN VICTORIA NIAGARA FaLLS PARK. io

(C) Provided further that if the company shall make default under any or
either of the next preceding two paragraphs hereof or in the event of the company
not having made such progress with th« said works on or before the First day of
July, 1904. as to have on or before that date completed water connections for the
development of 50,000 horse power and to have on or before that date an out-llow
tunuel sufficient for not less than 100,000 horse power, and to have on or before that
date actually ready for use. supply and transmission, 20,000 electrical horse power, the
Lieutenant-Governor may declare the agreements of the 7th April, 1892, and of I5t;h

July, 1899, and the liberties, licenses, powers and authorities granted by the same
and by any or all of them to be forfeited and void, and thenceforth after such de-
claration the same shall cease and determine and be utterly void and of no effect
whatever

(D) And provided further that the company at the time of the sealing and de-
livery of these presents deposits the sum of twenty thousand dollars to the credit and
in the names of the Chairman of the Commissioners of the Queen Victoria Niagara
Falls Park and Wallace Nesbitt, to be accompanied by a letter addressed to the bank
and signed by the same persons to the effect that the said sum of money is to be paid
by the bank to the Commissioners on the production of a letter or certificate sign-
ed by the Commissioner of Public "Works for Ontario of a determination by him, thp
said Commissioner, that the sum of two hundred and fifty thousand dollars was not
actually expended by the company according to the provisions and within the term^,
definitions and limitations of clause "A" of this agreement on or before the First
day of July, 1902, in work and materials laid out in excavations and in the founda-
tions and erections of buildings in accordance with the Plan "A" annexed to the
afore-mentioned agreement of 15th July, 1899, and the specifications relating there-
to: or that the company has not on or before the First day of July, 1902, satisfied the
said Commissioner of Public Wprks for Ontario that it has expended or has eon'-
tracted to expend upon the said works for labor, material, plants, building or ma-
chinery, including the work and materials mentioned in clause "A" of this agree-
ment as agreed to be done by the First day of July, 1902, to be respectively deliver-
ed, executed and performed on or before the First day of July, 1903, at least the sum-
of one million five hundred thousand dollars, the said works to be constructed tn
accordance with the plans attached to the aforementioned agreement of 15th July,
1899, and the specifications relating thereto as varied by the contract bearing even
date herewith and all such contracts as aforesaid to be produced to the said Com-
missioner of Public Works and verified copies thereof filed with the Commissioner of
Public Works on or before the said First day of July, 1902.

Provided that unless such letter or certificate to the effect aforesaid be signed
and presented to the said bank on or before the First day of September, 1902. the said
sum of $20,000 shall revert to the company.

And provided further that upon the said letter or certificate being signed by
the Commissioner of Public Works to the effect aforesaid on or after the First day
of July. 1902. the said sum shall become the property of the Commissioners, the part-
ies hereto, of the first part, freed from any claim thereto by the company.

(E) And it is hereby further agreed by and between the parties hereto that they
will use their best endeavors to procure and either party hereto may apply ttr the
Legislature of Ontario at its next session for an act of the Legislature approving and
confirming this agreement', declaring it to be in accordance with the intentions of
both parties that any payments of rent made to and accepted and received" by the
Commissioners after 1st July, 1902, and any variations made by this agreement in the
terms and provisions of the said agreements of 7th of April, 1892 and of 15th July,
1899, shall in no way be any waiver of the right of the Lieutenant-Governor-in-Coun-
cil to declare the said agreements void In accordance with the provisions in para-
graph 10 of the agreement of 7th of April, 1892, or of paragraph 6 of the agreement
of 15th of July, 1899, in case of default by the company hereunder in the event or events
provided by paragraph "C" hereof.

16 THE REPORT OF THE C(^MMiSSIONERS FUR THE No. 6

Provided always that in thft event of such legislation not being obtained at the
said next session of the Legislature of Ontario, approving and confirming this agree-
ment then these presents shall in so far as the same purport to extend the time with-
in which under the agreements of 7th of April, 1892, and 15th of July, 1899, the com-
pany was bound to complete the said works, be utterly null and void, and the said
company shall be and remain subject to the powers of the Lieutenant-Governor-in-
Council to declare the agreement of 7th of April. 1892, as varied by the agreement
of 15th July, 1899, and the said last-mentioned agreement forfeited and void by reason of
non-compliance therewith by the company as if this agreement had not been made or en-
lered into and notwithstanding any act, matter or thing whatsoever which may have
happened or been done under or in pursuance of this agreement.

In witnes whereof the parties hereto have hereunto set their hands and seals
the day and year first above written.

(Signed) J. W. LANGMUIR, • [Seal]

Chairman for the Commissioners
, for the Queen Victoria Niagara Falls Park.

(Signed) For the Canadian Niagara Power Company.

W. H. BEATTY, President [Seal]

A. MONRO GRIER, Secretary.

1901 QUEEN VICTORIA NIAGARA FALLS PARK. iT

APPENDIX C.

AGREEMENT WITH CANADIAN NIAGARA POWER COMPANY,

PER SHAFT, ETC.

THIS AGREEIMENT, made this Nineteenth day of June, One thousand, nine
hundred and one Between the Commissioners for the Queen Victoria Niagara Falls
Park, acting herein on their own behalf and with the approval of the Government of
the Province of Ontario, and hereinafter called the Commissioners of the First Part,
and the Canadian Niagara Power Company, hereinafter called the Company of the
Second Part

In view of the provisions contained in the Agreements made and entered into
on the Seventh day of April, 1892, between the said Commissioners of the First Part
and Albert D. Shaw, Francis Lynde Stetson and William B. Rankine of the Second
Part as confirmed and governed by Chapter 8 of the Statutes of Ontario, 1892, and the
Agreement made and entered into on the Fifteenth day of July, 1899, between tlie
parties to those presents relating to the Agreement first above mentioned, pursuant
to the Statute of Ontario, 1899, Chaptered 11, Section 35, and other matters, the Com-
pany have applied to the Commissioners for certain changes in the works to be done
and performed in accordance with the said Agreements or either of them.

Now therefore this agreement witnesseth, and it is hereby agreed by the parties
to these presents as follows, this is to say :

(1) That the Company may sink a .shaft at a point west of Cedar Island in
the Lagoon indicated on the plan "B" hereto annexed for the purpose of excavating
the tunnel for discharge of waters below the Falls as such tunnel is laid down on plan

marked "A" annexed to the Agreement made between the Commissioners and the
Power Company, bearing date Fifteenth July, 1899.

(2) That the line of the tunnel so laid down on the aforesaid plan marked "A"
is hereby shifted to about thirteen feet to the eastward, in accordance with the line
of such tunnel, as the same is shewn and located on the plan "B" hereto annexed,
and such change of location of the said tunnel shall be as effectual between the parties
hereto as if such location on plan "B" had been originally located in accordance with
the aforesaid plan marked "A."

(3) That the Company may construct and build a Transformer House in the
immediate vicinity of their Power House as such Power House is located on the
aforesaid plan marked "A" the design of such Transformer House and Its location
to be subject to the approval of the Chairman of the Commissioners and to be sub-
mitted to him for such approval before the construction or building thereof be com-
menced.

(4) That the license to the Company to construct the tunnel before described
under the provisions of aforementioned Agreement of Fifteenth July, 1899. and ac-
cording to the aforesaid plan marked "A" annexed to the said Agreement or as varied
by the aforesaid plan marked "B" hereto annexed, shall not give or vest any right
or authority over the lands under which the said tunnel is to be constructed, except
such as may be necessary to be done by the Company for the construction, mainten-
ance or repair of the said tunnel, and that in any such case the works necessary shall
be at the cost of the Company and no unnecessary damage be done by the said Com-
pany to the lands of the Park or the property of the Commissioners or to the rights
of any pers<3n or Company lawfully enjoyed within the Park.

(5) All the works hereby authorized to be done by the Company shall be sub-
ject to the provisions of the aforesaid Agreement of Fifteenth July, 1899, and of the
Agreement of Seventh of April, 1892, where not varied by the former Agreement and
of this Agreement

2 N.F.

18 THE REPORT OF THE COMMISSIONERS FOR THE No. «

And this Agreement further witnesseth, and it is hereby agreed by and betweer.
the parties hereto that nothing in the before-mentioned Agreements of Seventh April,
1892, and Fifteenth July, 1899. or either of them shall control, restrict or affect the
power of the Commissioners to grant lease or demise to the Corporation of the Town
of Niagara Falls for such period as may or from time to time may be agreed upon
the right to take water from the Niagara River at any point for the manufacture an<l
development of electrical power by the said Corporation of the Town of Niagara Falls
up to one hundred horse power, to be used for such purposes as shall or may be law-;
ful for Municipal Corporations of Towns or Cities, under the powers and provisions
contained In the Municipal Act for Ontario.

In witness whereof the parties hereto have hereunto set their hands and seals
the day and year first above written.

(Signed) J. W. LANGMUIR, [Seal]

Chairman, Commissioners for the
Queen Victoria Niagara Falls Park.

(Signed) For the Canadian Niagara Power Cqmpany.

W. H. BEATTY. President. [Seal]

(Signed) A. MONRO GRIER, Secretary.

1901 QUEEN VICTORIA NIAGARA FALLS PARK. 19

APPENDIX D.

THE ONTARIO PpWER COMPANY OF NIAGARA FALLS.

SUPPLKMENTARY AGREEMENT OF 15TH AuGUST, 1901 ; ANCILLARY AGREEMENT
OF 15th AUGUfcT, 1901, WITH THE COMMISSIONERS FOR THE QUEEN

Victoria Niagara Falls Park.

THIS AGREEMENT, made this fifteenth day of August, in the year of our Lord
one thousand nine hundred and one, between the Commissioners of the Queen Vic-
toria Niagara Falls Park, acting herein on their own behalf and with the approval
of the Gorernment of the Province of Ontario, and hereinafter called the "Commis-
sioners" of the first part, and The Ontario Power Company of Niagara Falls, incor-
porated by the Parliament of Canada under and by virtue of Act 1887, 50-51 Victoria,
Chapter 120; Act 1891, 54-55 Victoria, Chapter 126; Act 1893, 56 Victoria, Chapter 89,
and Act 1899, 62-63 Victoria, Chapter 105. hereinafter called the "Company" of the
second part.

Whereas the parties hereto made an agreement dated the 11th day of April, one
thousand nine hundred, respecting the development of power within the Queen Vic-
toria Niagara Falls Park :

And whereas the Company desires certain changes in respect to the order in
which the several works referred to in said agreement of eleventh April, one thou-
sand nine hundred, were to be carried out, and also desires certain changes in the
design of some of the works therein described and as outlined or indicated on the
plan marked "A" thereto attached, which said changes are outlined and Indicated on
the plan hereto annexed marked "B," being the plan of works intended to be sub-
mitted to the Minister of Railways and Canals for his approval and consent, no plan
of the works intended under plan marked "A" having been so submitted.

Now therefore this agreement witnesseth, and it is agreed by anil between the
parties hereto as follows, that is to say : —

1. This agreement shall be taken as supplementary to the said agreement of 11th
April, one thousand nine hundred. Save when inconsistent with this agreeaent, all
the terms of the said last mentioned agreement are to remain in full force and the
rights and liabilities of the parties respectively are to be according to said agreement,
but Id so far as this agreement is inconsistent with the said agreement of eleventh
April, one thousand nine hundred, or any part thereof, this agreement shall govern
Before any of the works authorized by this agreement are commenced the detail
working plans and specifications of the various parts thereof shall be from time to
time submitted to the Commissioners for approval, and no works shall be proceeded
with until such approval has been given.

2. The map or plan hereto annexed, entitled, "Amended Map of the Ontario
Power Company's Works in the Queen Victoria Niagara Falls Park," and lettered
"B." shall be substituted for and take the place ofso much of the works indicated on
the plan "A" attached to said agreement of 11th of April, one thousand nine hun-
dred, as are shown thereon in yellow lines and which are known and referred to and
described in said agreement as the works of the "second development"; such works
hereby proposed and agreed to be substituted being subject to the same approval anfl
consent by the Minister of Railways and Canals as required by the agreement of 11th
April, one thousand nine hundred, in respect of the works indicated on the plan "A"
attached to the said agreement

20 THE REPORT OF THE COMMISSIONERS FOR THE No. 6

3. The works to be constructed under this agreement may be described as follows:

(a) The Company shall conduct the waters of the Welland River from their
hydraulic works without the Park to the open canal or raceway in the Park
by means of one or more tunnels constructed under the high bank and en-
tering the Park at or near the point marked "C" on said plan lettered "B."

(b) The open canal or raceway in the Park shall extend from the point "C" on
said plan to a point distant 100 feet south of the southerly line of Table Rock
House and marked "D" on said plan. The easterly limit of the works of
the Company required in the construction of this open canal or raceway
shall at the finished level of the surface of the Park, as such finished level
may be defined by the Commissioners, conform- generally to "Qfe heavy con-
tinuous red line indicated on the said plan. The westerly limit of the
canal or raceway north of the Monastery hill shall follow generally the base
of the high bank forming the western boundary of the Park, but, the com-

^. pany may, with the approval of th« Commisioners and not in conflict with
~, ' the approval land sanction of the Minister of Railways and Canals, straighten
out any projections of the base of the bank which ma,y unduly contract tho
area of the said canal. The works of the Company are to.be so constructeJ
as to permanently secure the high bank or any part of it from erosion or
displacement, and the company shall execute such additional works for the
protection of such high bank or part thereof whenever the stability thereof
is endangered, as the Commissioners may direct.
' (c) From the point "D" on said plan the Company may construct an open fore-
bay extending northwards as far as the point "E" on said plan or to within
fifty feet of the line of the most southerly wall of the DufEerin Cafe, on the
east side of the forebay a retaining wall shall be constructed from the level
of the bedrock to a height suflSicient lo protect the Park and its roadways
and railways against overflow, not only at ordinary working level but at any
higher level which may arise by fluctuations from any cause. Between the
said points *'D" and "E" the easterly retaining wall, of the forebay shall not
at any point be located nearer than such distance to the westward of the
present westward rail of the Niagara Falls Park and River Railway Com-
pany's tracks or sidings, as now located, as shall be sufficient to build an<l
erect an embankment to the top of said wall on a slope of one to one, the
. easterly base of the foot of said embankment not being nearer to the said
westerly rail of the Niagara Falls Park and River Railway than nine lud
one-half feet. '

(d) The said embankment shall be of earthwork, ^hd shall be constructed so a.s
to conceal the retaining wall from view, and it shall be graded and sodded
to the approval of the Comni'lssioners from time to time as they direct until
the whole has been completed. The embankment shall not be erected in
front of the projecting penstock chambers, but the penstock chambers shall
be faced with massive random coursed masonry and built to such batter as
the Commissioners shall require and approve. The face of the masonry
shall not be nearer at any point than nine and one-half feet from the pre-

. sent westerly rail of the tracks of the Niagara Falls Park and River Rail-
way. The west side of the forebay shall be the slope of the hill, and the
Company shall execute such works for the protection of the said hill wherever
interfered with or its stability endangered, as the Commissioners may direct

(e) The ga.te houses at the penstock chambers must be of the least practicable
dimensions and Icept as far from the eastern face of the wall as possible.
The de!»ign must be ornate and to the approval of the Commissioners.

(f) From the open forebay above described the Company may by means of pipep
or penstocks carried under the surface of the Park conduct the waters aforp-
said to the Power House situate in the gorge below the Falls an3 north of
the present hydraulic elevator. The Company may also construct one or

K

f

IIWI QUEEN VICTORIA NIAGARA FALLS PARK. 21

more underground pipes for the carrying away of Ice or frazil from the fore-
bay, but such Ice runs are to be constructed to the water level of the lower
river,

(g) The minimum ordinary working level of the water in said open canal or race-
way Is to be not over twelve feet above the level of the present ground
floor of Table Rock House, but the said raceway is to be constructed of suf-
ficient height to safely carry the water not only at said ordinary working
level but also at any higher level which may arise by fluctuations caused by
operating the penstocks or otherwise. The Company may construct a spill-
way of sufficient size to allow all water entering the raceway to flow out of
the same through such spillway in case of sudden closing of the penstocks;
the location of said spillway to be as shown on said plan lettered "B."

(h) One bridge only is to be constructed across said raceway as may be located
by the Commissioners, so as to connect with the roadway leading down from
convent, such bridge shall in size, strength, material and character generally
conform to the bridges described in clause 9 of the agreement of llth April,
one thousand nine hundred.

4. The Company shall have the right to construct the works herein described
and as shown in the plan marked" "B" annexed hereto in advance of the works of the
first development as such are by said agreement provided.

Before the, Company shall proceed with the construction of the works of Ihe
first development mentioned and described in the agreement of llth April, one thou-
sand nine hundred. It shall submit to the Commissioners for approval the plans of
the proposed mode of conducting the water from the hydraulic works without the Park
to. the Power House of the first development. Such plans or proposals for the works
described as the first development shall not require any larger or different territorial
rights than are provided In relation to such first development under the agreement of
llth April, one thousand nine hundred.

5. Notwithstanding anything in the agreement of llth April, one thousand nine
hundred, contained relating to the first development, the Company shall not proceed
with the construction of the works of the same or any part thereof until the approval
has been given by the Commissioners to the mode of conducting the water from the
works without the Park as aforesaid. The right of the Company to construct such
works relating to the first development is hereby limited to the period of ten years
from the date hereof.

6. All the terms and provisions of the agreement of llth April, one thousand nine
hundred, shall so far as applicable apply to the works authorized by this agreement and
to the execution and carrying on thereof.

And for greater certainty, but not so as to restrict the generality of the fore-
going, it is declared and agreed that clause number eleven of the said agreement of
llth April, one thousand nine hundred, shall ap^ly with respect to the works author-
iz'^d by this agreement in the same manner as the said clause applies to the work there-
in specially referred to, and that clause number thirty-one of the said agreement of llth
April, one thousand nine hundred, shall apply with respect to its provisions so as to
include the matters In these presents contained.

7. Provided that the works on the premises delineated on the plan hereto annexed
shall not interfere with or deprive the Canadian Niagara Power Company of tFe right
to construct, operate and maintain the underground tunnel leading the waters of thp
Niagara River from the power houses and wheel-pits which they are about to erect
and develop in pursuance of the several agreements entered into between the Commis-
sioners of the Queen Victoria Niagara Falls Park (herein styled the Commissioners)
^.earing date 7th April, 1892, 15th July, 1899, and 19th June, 1901.

8. And the Company shall indemnify the Commisioners from all claims or de-
mands by any person or persons whomsoever, whether arising by reason of the exer-
cise by the Company of the powers, rights or authorities or any of them conferred by
the hereinbefore recited Acts of the Parliament of Canada, or either of them, or by

THE REPORT OF THE t OMMISSIONERS FOR THE No 6

reason of anything done by the Company in the exercise thereof affecting any property:
rights or privileges heretofore by the Commissioners granted to or conferred upon any
person or persons whomsoever, or enjoyed, used and exercised by any such per-
son or persons under the Commissioners ; it being the intention of this agreement
that should the Company in the exercise of the aforesaid powers, rights and authoritleii
so affect any such property, right or privileges granted by or enjoyed under the Com-
missioners, the Company shall fully Indemnify the Commissioners in respect thereof.

And in the event of any claims or demands aforesaid being preferred before or
in any tribunal, whether in a court of law or by proceedings of arbitration against the
Commissioners or for the Commissioners or In their name.'^e Company undertake and
agree to intervene on behalf of the Commissioners and defend the same or take such
action in the premises at the cost and charges of the Company; the Commisioners hereby
conferring upon the Company all such rights and powers to act in their name and in
their behalf in the premises, or to confer such other and further rights and powers
as mav be required by the Company and necessary.

In witness whereof the corporate seal of the Commissioners has been hereunto affixed by
their chairman, who has also signed these presents in certification of due exe-
cution hereof by the Commissioners, and the corporate seal of the Company has
been hereunto affixed by the president, who has also signed these presents in cer-
tification of due execution hereof by the Company and on the day and year afore-
said.

(Sgd.) J. W. LANGMUIR, [Seal of Commissioners]
Chairman.

THT5 ONTARIO POWER COMPANY
OF NIAGARA FALLS.

Executed in the presence of By JOHN J. ALBRIGHT, [Seal of Company]

JAMES WILSON President.

Attest. ROBT. C. BOARD,

Secretary.

ANCILLARY AGREEMENT.

An Ancillary Agreement made the 15th day of August, A.D. 1901, between the
Commissioners of the Queen Victoria Niagara Falls Park, acting herein on their own
behalf and with the approval of the Government of the Province of Ontario, and here-
inafter called the "Commissioners." of the first part, and the Ontario Power Company
of Niagara Falls, hereinafter called the "Company,"' of the second part.

Whereas by agreement bearing even date herewith made by the parties hereto
as supplementary to the main agreement between the parties, dated the eleventh day of
April, 1900, provision is made for the construction of certain works in the Queen Vic-
toria Niagara Falls Park in such manner that the building and premises in the said
Park, known as "Table Rock House," will ultimately have to be removed or Interfered
with.

And whereas the said building and premises are now In the occupation of tenants
of the Commissioners, but it is the intention to arrange. If possible, with said tenants
to surrender their lease in order that the said building may be removed and the said
works constructed in accordance with the plan hereto annexed, and if no arrangement
Is reached then that the Company do expropriate under their statutory powers.

And whereas this agreement is ancillary to the said agreement of even date here-
with.

i

1»01 QUEEN VICIORIA NIAGARA FALLS PARK. 23

And whereas by the said agreement of even date it is among other matters in
effect witnessed, that should the Company in the exercise of its powers, rights and
authorities, affect any property, rights or privileges heretofore by the Commissioners
granted to, or conferred upon any person or persons whomsoever, or enjoyed, used and
exercised by any such person or persons under the Commissioners, the Company shall
fully indemnify the Commissioners in respect thereof.

Now, therefore, the parties hereto hereby agree as fololws :

1. In respect of any sum of money which shall be agreed upon between the Com-
pany and the tenants of the Commissioners in occupation of the said Table Rock
House as compensation to be paid to such tenants, or any sum of money which in the
event of no agreement shall be determined to be paid to such tenants by the Company
or by the Commissioners, as the case may be, either as compensation by award or as
damages upon judgment, including the amount of costs in any case, shall be paid by
the Company.

2. Such amount so recovered as aforesaid and paid by the Company, shall as be-
tween the Company and the Commissioners be borne as follows : — The sum of ten
thousand dollars by the Company, and the excess, if any, over and above the said sum
of ten thousand dollars, shall be borne and paid by and between the Company and the
Commissioners in equal shares, and any balance due from the one to the other shall be
paid accordingly.

3. In the event of such compensation or payment of dam'ages being agreed upon
between the Company and such tenants, no contribution shall be payable by the Com-
missioners, unless the Commissioners shall by resolution of their Board have assented
to the amount agreed upon by the Company.

4. The Company shall on or before the first day of July, 1903, obtain possession
of the Table Rock House, either by agreement with the tenants of the Table Rock House,
or by entry under the powers of the Company, or otherwise, and the whole of the said
Table Rock House shall be levelled by 1st January, 1904, and of such portion or part
of the Table Rock House not within the line of wo'rks of the Company, as laid down on
the plan marked "B" attached or annexed to the supplementary agreement of even date
herewith, the materials shall be wholly removed, and possession of such part or portion
dlivered to the Comissioners by 1st January, 1904.

5. The Company shall, on or before the first day of March, 1902, submit for ap-
proval of the Minister of Railways and Canals the plans referred to in the first and
second paragraphs of said agreement of April 11th, A.D., 1900, and the Company shall
prosecute with due diligence the proceedings necessary to enable it to obtain, under its
statutory powers, possession of Table Rock House, and to remove and level the same
within the period above mentioned, and should the company make default in so sub-
mitting said plans or in prosecuting si.jh proceedings with due diligence, and should
such possession not be obtained and removal and levelling not be done within the said
period by reason of such default, then this agreement shall be void and at an end.

6. Pending the getting of possession of Table Rock House and the removal there-
of by the Company by consent as herein provided, or under Its statutory powers, the
eastern line of the Company's works near Table Rock House may be as shown by the
dotted red line on plan "B" annexed to the said agreement of even date herewith.

In witness 'whereof the Commissioners have hereunto aflJxed their corporate seal, and
the Chairman of the said Commissioners has signed these presents In token of
due execution hereof on the part of the said Commissioners.

24 THE REPORT OF THE COMMISSIONERS FOR THE No. 6

And the Company have hereunto affixed their corporate seal, and the President of
the said Company has signed these presents th token of due execution hereof on
the part of the said Company, the day and year first above written.

(Sgd.) J. W. LANGMUIR, [Commissioners' Seal]
Chairman.

THH ONTARIO POWER COMPANY OF
Executed in the NIAGARA FALLS,

presence of By JOHN J. ALBRIGHT, [Seal of Company]

(Sgd.) JAMES WILSON. President

Attest, ROBT. C. BOARD,

Secretary .

RESOLUTION.

At a meeting of the Board of Directors of the Ontario Power Compafly of Niagara
Falls held at the office of the Company, in the City of Buffalo, October 12th, 1901, the
proposed supplementary agreement and the ancillary agreement thereto between the
Commissioners of the Queen Victoria Niagara FalTs Park and the Ontario Power Com-
pany of Niagara Falls were produced and read, and on motion, duly seconded, it was
unanimously

Resolved, that the supplementary agreement and the ancillary agreement thereto
between the Commissioners of the Queen Victoria Niagara Falls Park, acting therein
in their own behalf and with the approval of the Government of the Province of Ontario,
and the Ontario Power Company of Niagara Falls, submitted to this meeting, be and
the same are hereby approved and adopted, and Mr. John J. Albright, the President,
and Mr. Robt. C. Board, the Secretary of the Company, be and they are hereby author-
ized and directed to execute the same on behalf of this Company, in triplicate, by affix-
ing the corporate seal of this Company thereto and to map "B" attached to said agree-
ments and forming part thereof, and by signing the same and said map "B" as such
President and Secretary. And that when so executed said officers are authorized, em-
powered and directed to make delivery thereof as the act and deed of this Company, and
that the said agreements and map be entered in full on the minutes of this meeting,
which Is accordingly done below.

I, Robert C. Board, Secretary of the Ontario Power Company of
Niagara Falls, hereby certify that the foregoing resolution is
a true copy of the resolution passed at a meeting of the Board
of Directors of the said Company, held Oct. 12th, 1901.

(Sgd.) ROBERT C. BOARD.

Buffalo; N.Y., Oct 14th, 1901.

[Seal, The Ontario Power Com-
pany of Niagara Falls.]

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