Niagara Parks Commission annual report, 1902

DOC T S jCO! ! FPTinM

SEVENTEENTH ANNUAL REPORT

t ;8iTY

LIBRARY

COMMISSIONERS

QUEEN VICTORIA NIAGARA FALLS PARK

FOR THE YEAR ENDING

1902

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
1903

01955""

WARWICK BRO'S & RUTTER, Printers,
TORONTO.

Toronto, March 4th, 1903.

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 Seventeenth 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.

Your obedient servant.

J. W. LANGMUIR, Chairman.

[3]

SEVENTEENTH ANNUAL REPOKT OF THE COMMISSIONERS FOE
THE QUEEN VICTORIA NIAGARA FALLS PARK.

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

Lieutenant-Governor of the Province of Ontario.

May it pleas? your Honor : The Commissioners of the Queen Victoria
Niagara Falls Park beg to submit their Seventeenth Annual Report (being
for the year 1902), to which is appended the usual statement of receipts and
expenditures, the report of the Park Superintendent and the text of several
agreements which were entered into during the year, together with the expert
evidence obtained in connection with some of these agreements.

The vacancy which had existed on the Board of Commissioners since
the decease of Mr. B. E. Charlton was filled during the past year by the
appointment of Mr. Robert Jaffray of Toronto.

B -fore entering on a review of the proceedings and transactions of the
Commission for the past twelve months, the Commissioners may be per-
mitted to refer to certain strictures and adverse criticisms on the Manage-
ment of the Park affairs which have appeared from time to time in the press.
These criticisms evidently are based upon an entire misapprehension of the
facts, and if allowed to pass unchallenged may be accepted by the public as
being well founded and unanswerable. The chief stricture to which objec-
tion is taken by the Commissioners is, that in order to provide revenue
they ha.ve committed acts of vandalism that will ultimately ruin the scenery
of Niagara Falls, and one writer goes so far as to say "that it is scarcely
possible to conceive how anything short of financial interest could have
persuaded them (the Commissioners) so to play false to the whole spirit of
their trust."

In view of such statements it appears to be necessary that the Com-
missioners should again clearly set forth the policy which was adopted at
the time the Park was established, and which has been consistently adhered
to throughout the fifteen years which have since elapsed, and in furtherance
of this reference will be made (1) to the measures authorized by the Legis-
lature for acquiring the Park and the duty cast upon the Commissioners to
provide the funds needed for the improvement and maintenance of the
property, (2) The area of the property originally selected about the Falls for
Park purposes and the very extended territory that has since been placed
under the jurisdiction of the Commissioners and, (3) The sources from which
the funds a<re derived for carrying on the work.

When the Government of Ontario had the Park project under consid-
eration two general principles were regarded as indispensible to the carry-
ing out of the project, viz.: That no financial burden should be laid upon the
Province for either the purchase or maintenance of the property, and in con-
formity with the plan adopted on the American side of the river that the
Pa«rk should be made free

Conforming to these initial conditions, obviously the only plan open to
the Commissioners for securing the funds to establish the Park was through
the issue of debentures guaranteed by the Province and secured by the lands

THE REPORT OF THE COMMISSIONERS No. 6

selected for the Park. Acting therefore on the recommendation of the Com
missioners the Legislature authorized an issue of forty-year four per cent,
debeniures to the amount of $525,000, and with the proceeds, the lands
originally forming the Queen Victoria Niagara Falls Park were acquired,
improved and thrown open to the public.

It should here be stated that the original design of the Commissioners
was to include only the property running southwards along the bank of the
river from the Clifton House to Ceda.r Island, about one mile in length and
averaging about one-eighth of a mile in width, and comprising about 85
acres. Prom this territory the best views of both the American and TToise
Shoe Falls can be obta-ined as well as the gorge of the river below the falls,
while from the higher ground on the west the upper rapids can be seen in the
distance. In order, however, to obtain nearer and better views of the mag-
nificent rapids above the Falls and at the same time to secure for the Park
th<- beautiful background and charming scenery surrounding what are now
known as the Dufferin Islands, it was after ca.reful deliberation decided to
obtain an additional area extending about a. mile and a half farther up the
river to smooth water above the head of the rapids. For the greater part
of this distance nature has provided an ideal background of beautifully
wooded banks, which furnish the natural outline of a< completed Park. These
properties which originally comprised the Queen Victoria Niagara Falls
Park cover about 154 a-cres. Subsequently additional lands (the property of
the Crown) lying along the Niagara Kiver were added to the Park from
time to time or placed under the care of the Commissioners and the property
known as Foster's Flats lying immediately north of the Whirl-pool and com-
prising about 100 acres of territory, unique in its unrivalled grandeur and
primitive wildness, was purchased and added to the Park domain. With
these additions the Park now practically extends the whole length of the
Niagara River from Lake Erie to Lake Ontario and embraces an area of
about 734 acres.

The acquisition of these additional lands and the maintenance and per-
manent improvement of this very extensive and diversified property neces-
sitated a» further issue of debentures for $75,000, making a total debenture
liability of $600,000, bearing interest at 4 per cent, per annum.

Based upon the expenditures of the past fifteen years the average
annual amount required for maintenance and permanent improvements has
been as follows : —

4 per cent, on $600,000 debentures $24,000

Permanent improvements — average per annum — 6,700

Maintenance and ordinary improvements 17,300

Or an annual charge of $48,000

On the American side the lands expropriated for the purposes of the
State Reservation have an area, of 110 acres acquired at a cost of nearly one
and a half million dollars. These ln.nds were practically handed over to the
Board of Commissioners as a gift from the State of New York, and in addi-
tion the State Legislature authorized a payment to the Commissioners of an
annual appropriation sufficient for maintenance, while large sums are annu-

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK.

ally vot< d by the State for permanent improvements. In the case of Ontario,
however, as has been shown the lands have neither been acquired, improved
nor maintained by monies supplied by the Province, but the whole burden of
providing for the outlay for all purposese devolved upon the Commissioners.

It now remains to show the methods adopted by the Commissioners to
meet these heavy annual charges and the gravamen of the adverse criti-
cisms referred to appear to be chiefly aimed at the principle of granting cer-
tain rights or franchises within the Park for the purpose of raising the
necessary funds. The franchises granted are threefold; viz> : (1) For an
electric railway (2) For a restaurant, photograph gallery and the privilege
of operating an elevator to go under the Falls (3) For utilizing the water
power of the falls for generating electrical energy.

These will be briefly considered in the order in which they are placed.

Owing to the great length of the Park domain extending from Chippewa
to Qneenston, a distance of nearly twelve miles, every portion of which is full
of historic interest, and scenic grandeur, it was vitally important that all
the objective points should be reached by an electric railway so that tourists
might be able to visit every point at a reasonable cost. This was accom-
plished by inducing capitalists to construct an electric railway, the Com-
missioners granting the right to la«y a double track through the
Park and on the Chain reserve, for which they receive $10,000 per annum.
This line of railway has now become part of a belt-line system, giving
visitors the magnificent views from the highland of the river bank on the
Ca.nadian side, together with the Niagara Glen and Queenston Heights Parks
and the intermediate gorges descending to the river all within the Park
domain and returning on the American side by the Gorge Railway, thus
enabling visitors to view the banks and rapids from the lower levels.
Whether the granting of this cha.rter with permission to pass through the
Park can, under the circumstances stated, be characterized as an act of van-
dalism, the Commissioners are quite content to leave to the verdict of the
millions of visitors who have passed over this railway in the past ten years.
That it has been a great boon to visitors both pecunia-rily and visually in
enabling them to view all points of interest with ease, comfort and satis-
faction is a<lmost universally admitted.

From a financial standpoint it is satisfactory to know that up to the
present time the Commissioners have received over $110,000 from this fran-
chi e.

To those who visited the Falls of Niagara under conditions existing
prior to the regime of the Commissioners it will be remembered that the
surroundings were disfigured by unsightly structures of various kinds, and
visitors had to run the gauntlet of cab drivers and hotel runners in order
to see the cataract or come within the scope of its influence. When the
Commissioners assumed control of the property all these unseemly surround-
ings were dispensed with and visitors were permitted to roam at will
throughout every part of the Park domain freed from all annoying importuni-
ties and interruj tion. For a great many years one of the attractions of
Niagara Falls which appealed strongly to certain cla<sses of visitors was
a pilgi image under the Falls, or sheet of water as it was then called, and

THE REPORT OF THE COMMISSIONERS No. 6

having photographs made showing the pilgrims encased in the oiled suits
required for protection when under the heavy curtain of water. On the
establishment of the Park, the Commissioners deemed it best to continue this
interesting future, and after providing improved means of access these
privileges t 'gather with that of supplying refreshments to visitors were
leased, subject to rigid regulations, for $8,200 per a.nnuni. This franchise
granted directly in the interests and comfort of visitors has produced over
.$100,000 up to the present time.

The production of electrical power as a means of providing r< -venue
has perhaps more than anything else been characterized as vandalistic in
its ultimate effects on scenic conditions in the Park.

It should be borne in mind that at the time the Park was established
the science of producing electrical energy for motive purposes was practi-
cally in its infancy, the first Electrical Street Railway in America having
been put into operation in 1887. It was only when the practicability of
transmitting electrical power had assumed shape that the matter was con-
sidered by the Commissioners as a possible means of obtaining revenue. The
Commissioners do not claim that they acquired the portion of the Park
lying south of Cedar Island lookino- to the utilization of this portion of the
property as being eminently suited for this purpose. They do claim, however,
tha«t thdr recommendation to the Oovernment which brought aboul the
acquirement of this additional property has resulted in the greatest pecuniary
advantage. Had the property not been expropriated when the
Park was founded, viewing it now in the light of what has transpired on
both sides of the river — that part of the property would doubtless have b
acquired by ca«pitalists and laid out as a manufacturing district withoul
refer >nce to its scenic environments, as has been done on the American side
of the river north of the steel arch bridge, to the irreparable disfigurement
of the river bank. On the other hand, had it been expropriated after its
capabilities as a centre for production of electrical power on a large scale
had been demonstrated, it is quite probable that the price of such expropria-
tion instead of the original cost of ^100,000 would have been ma-ny millions
of dollars, determinable only by the capitalization of the revenue obtainable
from possible electrical franchises.

Coming now to the charge that the Commissioners have, in granting
certain power privileges, committed acts of vandalism that will ultimately
ruin the scenery of Niagara Falls, the Commissioners have to state that with
the exception of the Ontario Power Company's Power House in the gorge
under the Falls, hereafter referred to, all the proposed works connected
with the aeueration'of electricity are practically beyond the territory origi-
nally d signed for park purposes. When the electrical power works are
completed, not a single view of the Falls, rapids or gorge under the Falls
will be obstructed in the slightest degree. On the contrary the filling in
of the shore line above the Falls by excavated material from the tunnels
will i icrease the Pa«rk area very considerably and will permit of roads and
walks being constructed on the margin of the river which will greatly im-
prove the views of the Fpper Rapids, and at the same time cover the fore-
shoe which in suae places has become exposed by the recession of the
w 7 aters, owinff to the breaking awa-v of the -cataract. The waters forming

I!»02 OF QUEEN VICTORIA NIAGARA FALLS PARK.

the Dufferin Islands will be completely restored and improved by the con-
struction of cascade- and miniature falls, anl besides, the area at that con-
gested point in the park will be considerably enlarged. The unsightly iron
and wooden bridges will be removed and solid masonry structures substi-
tuted, and when all the works are completed the Park surface from the Falls
running south will all be laid out and improved to correspond with the com
pleted Park overlooking the Falls.

Respecting the construction of the Onta.rio Power Company's power
house in the gorge under the Falls, the Commissioners of the State Reserva-
tion made lepresentations to the Board in July last and were granted a
hearing with particular reference to the erection of the structure at that
location. The contention of the Commissioners of the State Reservation
being that the building would not only disfigure the landscape as viewed
from several points in the American Reservation, but would a.lso be objeo-
tionable from an aesthetic standpoint and at variance with the natural con-
ditions desired by the Commissioners on both sides of the river.

On the other ha-nd it was shown by the Canadian Commissioners that
the location of the building in question would present no obstruction to
the free views of the Falls or river from any point on the American side,
.-■nd as the building would be far below the surface level of the Park, a por-
tion of the roof and the two gable ends will be the only parts of the struc-
ture tha«t would be seen from any point of view within the Queen Victoria
Parle. Tt was further pointed out that to make the building in any sense
a conspicuous or objectionable feature of the landscape would depend solely
up n the design anrl character given to it. Should, for instance, the building
be designed upon the lines of the power house on the American side near
the Steel Arch bridge, the public would have some grounds for complaint, but
so far from the Commissioners sanctioning such a structure they have made
the most stringent provisions to secure the highest degree of artistic treat-
ment in outline, color and design which it is possible to secure, and they have
no hesitation in asserting that upon the completion of the power house, with
its fac-ade covered by creepers and relieved by evergreens, and a roof har-
monizing in color with the high limestone cliff forming the background, it
will be found that not only will the structure itself be unobtrusive and
entirely unobjectionable from evrv point of view, but that no violence will
be done to the environment of the great Cataract.

The Commissioners have also arranged for the early removal of the
large and unsightly building which is so conspicuous from the American side,
and which was originally constructed for a museum but which has recently
been used for a. restaurant and shelter building. The removal of this struc-
ture which has formed quite a striking feature of the Park, and the substi-
tuting of a modern refectory near the centre of the picnic ground, will remove
from the Park one of its most objectionable features, and more than counter-
balance any temporary disfigurement which the construction of the power
house in the Gorge may cause.

All of the works and structures connected with the electrical power
projects have been de-igned with the object not only of doing the least pos-
sible injury to scenic conditions, but the Commissioners are confident in the
belief that when the several works are completed, the concensus of opinion

10 THE REPORT OF THE COMMISSIONERS No «

by the vastly increased numbers of visitors that are expected to visit the
Park will abundantly sustain them in their contention that the Park as a
wl ole, with its wealih of electrical machinery, will then be of tenfold
greater interest to the great majority visiting it; and in addition not only
will the immediate locality beyond the Park be built up into one of the
great manufacturing centres of the world, but the quickening impulse and
vivifying effects of the world's latest and most perfect form of energy —
created and sent forth by the Falls of Niagara — will be felt from end to end
of the Province.

In their annual report for 1001 the Commissioner- outlined the changes
which had been made in respect to the several agreements entered into
whereby the Canadian Niagara. Power Company and the Ontario
Power Company of Niagara Falls were authorized to utilize a
portion of the enormous water power of the Niagara River
at the Falls for commercial purposes, and the nature and effect of the
changes made in these agreements in their relation to the development of
the Park design were at that time fully explained.

During the past year the Canadian Niagara Power Company have ener-
getically prosecuted the important works connected with their enterprise and
the greater part of the excavations required for the first instalment of power
called for in their agreement, including the driving of the tunnel to carry
away the waste water, have now been practically completed and a beginning
ha<s been made on the construction of the foundation walls of the power
house. The Company has recently decided to go on and complete all the
excavations necessary for the extension of the wbeelpit, forebay and tunnel
to the full extent contemplated for their maximum output of 100.000 elec-
trical horse-power. The completion of this excava-tion will permit, greatly
to the advantage of the Park, of the permanent restoration of the grounds in
the vicinity of the works at a much earlier date than would otherwise be
the case, or tha.n was contemplated when the work was begun.

Under the agreement made with this company on 19th June, 1901. the
Commissioners required that a forfeitable deposit of $20,000 be made by the
company to be returned should the company on or before 1st July. 1002,
satisfy the Commissioner of Public Works for Ontario that :

fa.) The sum of $250,000 had been actually expended in the Province
upon works, and in plant and materials used in carrying on the works con-
templated by the agreement, and

(b) That it had expended or contracted to expend on or before 1st July,
1903, on these works, including machinerv and appliances, the sum of
$1,500,000.

It having been shown to the Honorable the Commissioner of Public
Works that the company had fulfilled both of these conditions, the $20,000
deposited was returned to the company.

Under the agreemnts entered into with this company, provision was
made for the construction of a<n ornamental steel truss bridge to carry the
electric railway tracks and the new Park driveway over the intake leading
the waters of the river to the works of the company. In preparing the
designs for this bridge the commissioners considered it would be more in har-

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 11

mony with the enviroruent to have a solid stone structure and to substi-
tute arches of concrete and steel, faced with limestone, similar to the beauti-
ful bridge erected by the Commissioners of the New York State Reserva-
tion between Prospect Park and Goat Island. The chief officials of the com-
pany realizing the importance of having the surroundings of their power
station conform to the aesthetic requirements, accepted the suggestion, and
this work is now well under way, although the cost to the company is con-
siderably in excess of the original design.

A detailed statement of the works which have been carried on by this
company during the year will be found in the report of the Superintendent
of the Park appended hereto.

The Ontario Power Company made application early in the summer for
an intake from the Niagara River above the Dufferin Islands in addition to
the rights which had been granted them to conduct the waters of the Welland
River by an open canal to and through the Park for the generation of
electrical energy in a power house located below the Falls. Before granting
any additional privileges to the company the Commissioners made a very
ca.reful survey of all the provisions of the several agreements which had
been made in relation to the projects of the company with a view of secur-
the best possible results both in respect to the artistic features — the works
being located in a public park — and to the financial position a.s well.

Upon mature consideration the Commissioners made the following stip-
ulations an indispensable condition to the granting of any further rights or
privileges, namely :

1. That the open hydraulic canal through the Park should be aban-
doned and all the works of the company north of the intake should be put
underground.

2. That there should be no elevated forebay with gatehouse structure
north of Table Rock house, but that the surface levels of this contracted
portion of the Park should be restored to the original condition after the
conduits or water pipes were laid.

3. That the penstocks should be carried down from the supply pipes
to the power house by means of shafts and tunnels cut through the rock.

4. Tha.t the privilege of constructing a power house in the Park near
the gravel pit, as provided in the agreement of 11th April, 1000, should be
cancelled.

5. That the forebay works at the Dufferin Islands should be so con-
structed as to greatly improve and in no way mar the scenic ben.uty of the
islands.

6. That the rental should be increased to $30,000 a year as a minimum
payment for any quantity of power under 20,000 electrical horse-power with
the additional payment of -fl.00 per horse-power for all sold above 20,000
up to 30,000. 75 cents per horse-power for all above 30.000 up to 40,000, and
50 cents per horse-power for all power sold or disposed of above 40,000
electrica.l horse-power.

THE REPORT OF THE COMMISSIONERS No. «

After protra.cted consideration and negotiations the Commissioners
and the company reached an agreement on the 28th June embodying all of
these condition-; and granting to the company authority to take water for
power purposes from the Niagara River near the extreme southerly limit
of the Park, and by me, ins of an intake and forebay constructed in the bed
of the river east of the Dufferin Islands lead the water- of the river to a
ga.tehouse located near Cascade Point and thence by means of conduits or
pipes concealed beneath the surface of the ground conduct the water around
th - reir of the Park to north of Table Rock House, and from this point be
distributed by means of penstocks to the water wheels in the power house
under the cliff.

As the agreement could have no force or effect until approved by the
Lieut nant Governor in Council, strong opposition to its being so ratified
was made by the Canadian Niagara Power Company, a<nd ;i hearing was
given all the parties interested before the Government on July 22nd and on
the 2nd August before the Commissioners to the representatives of the
Canadian Niagara Power Company. As, however, the arguments advanced
in opposition to the granting of the franchise did not commend themselves
to the Commissioners or the Government, the agreement was finally valid-
ated by Order-in-Council on the 7th August. The Order-in-Counoil impos-
es a condition that all plans submitted to the Commissioners for approval
should be first approved by Hi- Honor the Lieutenant-Govornor-in Council.

Shortly after the delivery of the agreement the company submitted
plans for a coffer dam to unwa<ter the river bed at the site of their intake
and forebay. The construction of that work has proved of great interest
to the public generally, as it demonstrates the facility with which the
waters even of the Niagara River may be trained to flow in any desired
direction, and some very interesting characteristics of the strata forming
the bed of the stream above the Cascades have been revealed. The con-
struction of this coffer dam has also afforded a valuable opportunity for
the study of the currents of the river and the effect upon the surface levels
of the water at points lower down the stream. The text of the agreement
will be found in the appendix to this report.

Shortly after the granting of these additional privileges to the Ontario
Power Company, application was made on behalf of Messrs. William Macken-
zie, H. M. PeMatt and Frederic Nicholls for a site in the Park on which to
develop electrical and pneumatic power on a largo scale.

Th ' 1 cation proposed for the works was "Tempest Point'" midway be-
tween the works of the Canadian Niagara Power Company and the Ontario
Power Company.

Before entering into negotiations with these genii omen, the Chairman
of the Commission prepared for the consideration of the Board a memor-
andum, which will be found in the Appendix to the Report, clearly setting
out the questions involved, and which in his opinion would require to be
settled before proceeding with the negotiations. This memorandum was
submitted to the Government, and it was decided that a hearing should be
given to the two companies holding franchise- to develop power in the

IJM>2 OF QUEEN VICTORIA NIAGARA FALLS PARK. 13

Park in order to ascertain what objections they might have to the granting*
of further rights for this purpose. The interested parties were cited and
the hearing given by the Government on 10th December last, when it be-
came apparent That a great divergence of opinion existed between the
hydraulic engineers of the Canadian Niagara Power Company, the Inter-
national Railway Company and the engineers of the applicants.

In order to determine precisely the nature of these opinions, the sev-
eral parties were invited to reduce to writing the arguments used at that
meeting. Upon the reception of the written briefs the Government consid-
ered it judkious to furnish each of the parties with copies of the reports
a«nd arguments advanced by the others for such criticism and rejoinder as
might be considered necessary. When all these reports and memoranda
wer*e received, the Commissioners, with the approval of the Government,
engaged two eminent hvdraulic experts to examine into all the questions
at is*ue and to report fully upon the arguments set out in the respective
briefs.

The engineei s selected were Mr. Isha.m Randolph, C.E. (Chief Engineer
of the Sanitary District of Chicago, a work in the construction of which
over $35,000,000 has been expended', and Mr. Robert C. Douglas, Hy-
draulic and Bridge Engineer of the Department of Railways and Ca.nals,
Ottawa. These gentlemen visited Niagara Falls and made as thorough an
examination into the physical conditions existing at the present time as
was possible, a«nd also examined the works which have been constructed
up to this date for the companies to whom franchises have been given.

Fpon a full consideration of the reports of these experts the Commis-
sioners came to the conclusion that the flow of the water and the level of
the river at the intakes of the Canadian Niagara Power Company and the
Internationa] Railway Company would not be materially affected by the pro-
posed works of the applicants, as these were outlined in the plans submit-
ted, and the Government authorized the Commissioners to conclude an
agreement with Messrs. Mackenzie. Pellatt and Nicholls on the same gen-
eral pr : nciples as obtained in the other agreements made, and this has
been cc m-luded and confirmed by Order-in-Council since the close of the
year.

The text of the agreement entered into together with the arguments and
brkfs of the Solicitors, and the opinion of the hydraulic experts called in
by the Commissioners, will all be found in the appendix to this report.

Shortly after the completion of the agreement entered into with the
Mackenzie, Pellatt and Nicholls Syndicate, the Honourable, the Premier, re-
quested the B ard to furnish the Government with a report from a hydraulic
engireer of high standing upon the locations above the Falls, and also in the
Rapids of 'the Lower Niagara, where, in addition to the rights already granted,
electrical power upon a large scale could conveniently be developed.

The Premier also desired the Commissioners to obtain an authoritative
report upon the cost of transmitting electrical energv to cities and towns in
Ontario within a reasonable distance of Nia-gara Falls, showing the probable
cost of constructing the lines, the estimated loss in transmission, and the'

14 THE REPORT OF THK COMMISSIONERS No. «

probable cost of maintenance. After due. consideration and inquiry, the Com-
missioners decided to engage Mr. Isham Randolph, C. E., of Chicago, whose
eminence as a hydraulic engineer has been already referred to in this report,
and A\hn, in order to advise the Board in respect to important engineering
questions relating to power development at Niagara Falls, had carefully
studied the hydraulic conditions of the river within the Park.

In order to make himself thoroughly familiar with the broader ques-
tions now submitted for his consideration, Mr. Randolph again visited
Niagara Falls, and made an extended examination into the physical char-
acteristics of the river, both north and south of the present Park limits.

Mr. Randolph's report, which will be found in the. appendix, demon-
strates very clearly that the available sites for water-power development
on the Canadian side of the river have not been exhausted by the rights and
privileges already granted by the Commissioners, but that there are sev-
eral points where power may be developed upon as la.rge a scale as the
plants now under license, and at a cost not materially in excess of those
plants.

One of the locations referred to in his report is quite, close to the Falls,
and north of the intakes of the several companies licensed, but the power-
house is designed to be subterranean, and nothing but a small building, to
enclose a<n elevator, would appear on the Park surface. The other locations
are all south of the Park limits, and would be upon the general lines adopt-
ed by Messrs. Mackenzie, Pellatt and Nicholls for their development.

In addition to these major projects, Mr. Randolph confirms the opinion
given in the Twelfth Annual Report of the Commissioners, that there are
several locations along the course, of the river below the Falls where water-
powers may advantageously be developed, although these will necessarily
b^ upon a less extensive scale than at the Falls proper.

Mr. Randolph's report, therefore, sets at rest the newspaper opinion
that the granting of the concessions already made has exhausted the field
for p^wer development at Niagara Falls, a-nd that municipalities and other
consumers of electric power will, for all time, be at the. mercy of a pos-
sible combination of the licensed companies.

The Commissioners, however, are of the opinion that further rights
should not be granted until it is shown that a combination having for its
object an undue increase in the cost of power is either possible or probable.

The plans of the three companies now exercising their franchises con-
template such a large output of electrical power that, as has been already
shown, there is no likelihood of anything like the demand being for many
years equal to the supply, and consequently the 'tendency will be to compete
for the business offering.

As any power development at Niagara Fa<lls necessarily involves a very
great initial outlay, with consequent high interest charges per H. P. until
a large amount of power is sold, the Commissioners recommend that the
cmpanies now developing under their several agreements should be given
an opportunity to complete their works before other privileges on a large

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK 15

scale are granted, unless it can be shown to be in the public interest to
grant such additional privileges.

Respecting the selection of an electrical engineer of large experience
to report upon the construction and operation of lines for the transmission
of electrical energy from Niagara Falls to cities and towns in Ontario, within
a radius of 100 or 150 miles from the Falls, the Cmmissioners decided,
after careful investigati >n. to secure the services of Mr. L. L. Nunn, of
Telluride, Colorado, to furnish them with a report up >n thi« important sub
ject. Mr. Nunn is the General Manager of the San Miguel Consolidated
Telluride Company and Telluride Power Transmission Company; General
Manager Logan Power Company. Logan, Utah; General Manager the Power
Company. Logan, Utah; General Manager, the Power Company, Norris, Mon-
tana; and he is credited with being the first man to successfully demonstrate
the practicability of long-distance high tension transmission.

Mr. Nunn's report, which will be found in the Appendix to this Report,
affords a very interesting statement of the conditions affecting this vastly
important subject, and will be found of great value at the present time.

The various field works which have been carried on during the year are
referred to at length in the accompanying report of the Superintendent of the
Park.

16 THE REPORT OF THE COMMISSION KKS N„ <>

The following statement Avill show the receipts and disbursements for

the year :

Receipts.

The Ontaiio Power Company. RentaJ $30,000 00

The Canadian Niagara Power Company. Rental 15,000 00

The Niagara FaJls Park and River Railway Company. Rental., lo.ooo 00

The Fori Erie Ferry Railway (Rental for :: months) 250 00

Zybach & Co'mpany. * 8.200 00

Wharf privileges 422 00

Tolls l ,107 20

Sales of <>ld materials and sundries 210 00

$05,250 10
Expenditure.
Paid Imperial Rank overdraft for 1001 $2,701 30

Capital Account.

Paid for | ermanent improvement, including

cost of materials f 2,055 07

Paid wages of mechanics and laborers . . . . 2,616 40
Paid for land purchases 017 IS

— $ 5.5SS 71

Maintenance Account.

P;'id salaries and wages, including wages of

te 'ins, laborers, etc $16,283 22

Paid cost of materials 3.130 70

Paid office expenses 2S0 65

Paid Commissioners' expenses . . 879 72

Paid miscellaneous 4S3 55

$21,000 03

426,055 64

P;n'd interest on Bonds and Bank Charges. 24.18S 28

Balance at Imperial Ba-nk 11,710 85

$05,250 10

All which i> respectfully submitted.

J. W. LANGMX7IB, Chairman.
GEORGE H. WILKES.
JAMES BAMPFIELT).
A. W. CAMPBELL.
ROBERT JAFFRAY.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 17

APPENDIX "A."

Report of the Superintendent of the Park, being for the year ending De-
cember 31st, 1902.

To the Conimisioners for the Queen Victoria. Niagara Falls Park :

Gentlemen. — The past year has been an eventful one in the history of
th Q Park. In the report for 1901 the early operations of the Canadian Ni-
agara Power Company were referred to as marking a new era in connection
with Niagara Falls, but 1902 has witnessed the beginning of operations
by the Ontario Power Company, whose works are designed upon even a larger
scale than those of the Canadian Niagara Power Company. In addition to
these two gigantic concern* a franchise has recently been granted to a syn-
dicate of Toronto capitalists who purpose talking immediate steps to rival
if not excel the other companies in the magnitude and completeness of its
work, so that for all future time the history of the Park seems to be insepar-
ably connected with the utilization of the water power within its borders for
the crea-t'On of electrical enercr on a scale hitherto undreamed of.

POWER DEVELOPMENT WORKS.

The Canadian Niagara Power Company.
During the year the Canadian Niagara Power Company have vigor-
ously carried on their several works for the development of power. The
great tunnel designed to carry away the exhaust water from the water
wheels to the lower river, and which was but well begun at the beginning
of the rear, has been driven through from the shaft both ways to the portal
below the Falls on the north, and to the wheel pit on the south, a total
length of 750 yards. The contractor for the tunnel work succeeded in
driving his southerly heading up to the line of the wheel pit before the lat-
ter work had been exr-avated down to the corresponding level. Tn order to
expedite the work it was therefore decided to extend the tunnel in below the
wheel i it excavation, and this work is now under way. the cutting being
mad of somewhat <irea<ter dimensions in order to form the lower part of
the wheel pit. A great deal of extra work is required at the bottom of the
wheel pit in addition to the simple sinking of the excavation, and it is ex-
pected that all this work will be completed by the time the wheel pit is
sunk d^wn to the level of the crown of the tunnel. The wheel pit is a
grea-t chasm. 20fi feet long by 21 feet wide, cut in the rock with masonry
archer girders and other appliances for supporting the penstocks and
wheels a« well as the enormous electrical machines which are to generate
the electric power designed bv the company for eommercial purposes.

As it wa-s deemed essential that the walls of the wheel-pit should not
be shaken by the effects of the explosives used, channelling was resorted to,
whirh. aJthoujrh a slower process than drilling and blasting, was consid-
ered prefenhle. A narrow a^d r-ontinuous ehnnnpl in the rock following:
th° outline of the excavation required is first cut downwards and a little
outwards bv ehannollimr machines running along each side of the excava-
tion. These travel on rails and make a two-inch elean cut separating the
rock walls from the mnss it is defined +^ pptvwwp t<~» ^°l°w th<"> 1^'el of the
bench or step determined on. which in this case is six feet in depth. Holes
2 N .F.

18 THE REPORT OF THE COMMISSIONERS No. 6

are then drilled from cut to cut across the 21 feet of intervening rock and
the mass is shattered by dynamite and afterwards removed from the ex-
cavation. This work has made very good progress, and the sinkiDg of the
northern half of the wheel-pit has been carried down an average depth of
nearly one hundred feet.

La-fe in the season the company decided to go on and excavate the re-
mairing half of the wheel-pit to the full extent required for the installation
of the 100,000 horse-power for which the plant is designed, and to complete
the works lequired to make the intake and forebay of the full dimensions
contemplated by the agreement instead of water connections for only one-
ha.ll of the total to commence with. This decision on the part of the com-
pany is clearly of great advantage to the Park, as it insures a much more
speedy and permanent restoration of the surface of the grounds contiguous
to the works, which would of necessity be torn up a.nd destroyed by any
succeeding expansion. Some difficulty may, however, be experienced in
finding si ace in the park for the large additional quantities of materials
to be removed, and a considerable proportion of the rock excavated may
have to be taken out of the Park, as provided in the agreement. Up to the
present the material excavated has been used for va-rious purposes, viz., to
fill up the low ground west of Cedar Island, to extend the portion of the
shore line shallowed by the recession of the Falls out to deep water, and
to cover the exposed shale at the ba.^e of the Falls to prevent its rapid
wearing away. A large quantity has also been taken off to make a filling
at the crossing of the electric ra-ilway over the Whirlpool Ravine, and sev-
eral thousand cubic yards have been broken to form concrete for the lin-
ing of the tunnel.

BRIDGE AT INTAKE.

By midsummer the excavations at the site of the Canadian Niagara
Powe -> Company's intake had been carried down to solid rock, and the
construction of the bridge to ca-rry the Electric Railway and the
main Park driveway was begun. This bridge was first designed to
be of orna.mental steel trusses, supported by stone abutments with a centre
pier. Acting, however, upon the suggestion of the writer, the company
have substituted a concrete arch bridge reinforced by steel ribs and faced
with cut stone masonry. The parapet walls are to be of rock-faced mas-
onry, a.nd the bridge, which will consist of five spans of fifty feet each in
the clear and have a total width of about fifty feet, will when finished bo
a very handsome feature of the Park.

INTAKE FOR ELECTRIC RAILWAY AND
TOWN WATER SUPPLY.

The filling out from the shore to deep water by the Canadian
Niagara Power Company necessitated a new intake for supplying the
flumes of the Electric Railway and the town waterworks. In each
of these cases the supplv of water has of late become quite inade-
quate, owing in pirt to the rapid current carrying stones and
gravel to the entrances of the flumes, which were very contracted
in area, and in part to the lowering of the margins of the river by
the receding of th" contour of the Horse Shoe Fall. In preparing plans for

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 19

new intakes it was deemed best by the respective parties to have one large
opening from the river, instead of two small ones as before and to slow up
the velocity of the water passing through to the existing flumes in order to
relieve the difficulty experienced from ice. The plans approved by the
Commissioners provide for five openings of 21 feet each between piers/these
'innings to be protected by heavy steel racks secured to the Portland ce-
ment concrete masonry piers and containing walls. The main Pa-rk drive-
way will be carried over this intake by a steel deck bridge with a span of
about eighty feet. The Electric Railway Company are to provide the
bridge ; all the other work, including the deepening of the area enclosed
by the intake walls, i* at the expense of the Canadian Niagara. Power
Company. The contractors for this work have made very slow progress,
and it will not be completed until the spring.

THE ONTARIO POWER COMPANY.

Cnder the terms of the agreement made with this Company on 11th
April, 1000. work was commenced in the Park in April last by making an
initial cutting along the centre line of its proposed open canal from the
gravel pit northwards to near the Electric Railway Power House. Work
was also begun outside the Park and several test holes along the line of
the waterway from the Welland River were put down to the required level.

NEW AGREEMENT.

Before much progress had been made on the works within the
Park the company f >und it desirable to change its plans, and ma.de an
application for an intake and supply from the Niagara- River above
the Dufferin Islands. This privilege to be supplementary to the Welland
River works, but development from the Dufferin Islands works to be first
carried out. After negotiations an agreement was made under date of 28th
Jun 1 granting the desired privileges. By the terms of this agreement the
right to construct an open canal through the Park was cancelled and a
stipulation ma>de that all the water required by the company from either
the Welland or Niagara Rivers should be conveyed under the surface of the
Park in conduits or pipes, and that no part of the Park surface should be
occupied by a ca.nal or forebay.

EXCAVATIONS AT SITE OF POWER HOUSE.

Cpon the execution of this new agreement, work upon the open
canal was suspended, and the Company concentrated its efforts' upon
cleai ins away the loose rock forming the talus from the site of
the Power House in the lower river gorge. This difficult work
proved of gieat interest as the rocky face of the chasm wa.s uncov-
ered to the level of the water in the lower river, and the outermost line of
solid rock indicated where the catara<ct had hewn its way when some cen-
turies younger than at the present time. The excavations for the first sec-
tion of the building were completed before the close of the year, and a be-
ginning was made upon the excavations on the upper Park level for the
conduits or pipes near the Table Rock House. As this portion of the Park

20 THE l;K!'«)KT of thk COMMISSIONERS No. 6

is usually thronged by visitors in mid summer, it is very desirable that as
much of the work as possible requiring to be done at this point should be
completed bef re July.

COFFER DAM.

Subsequent to the conclusion of the new agreement authorizing
the company to t ike water from the Niagara River, application
was made for approval to plans for a coffer dam to shut off the waters of
the river and lay bare the river bod at the site chosen for the intake and
forebay, extending from the Dufferin Islands up-stream to the southern
boundary of the Pa«rk. This work was begun in August and completed by
November, and it has also been of very great interest to the public gener-
ally owing to the variety in the conformation of the strata forming the bed
of the stream and which owing to the swiftness of the current had been
swept clea«n for age-. Tin 1 coffer dam was commenced at the point where
the easterly limit of the Park intersects the edge of the river, and run-
ning out into the stream about twenty feet turns at a right angle and runs
in a direct line with the intake of the Canadian Niagara Power Company
for a distance of over two hundred yards, when it curves outward and ter-
minate near the line of the first cascade a* total distance of about 250 yards.
The construction of this coffer dam shut off all the water flowing in and
around the Dufferin Islands, and thousands of visitors have been attracted
by the strange spectacle. The company have not yet begun the permanent
works incidental to the intake or forebay. but the engineers of the compa«ny
expect to have these works so far completed that the waters of the river
will be restored to their usual channels bv mid-summer.

FORT ERIE RESERVE.

The Government of the Dominion having granted a lease to the Com-
missioners of the reserve of thirteen a.nd a half acres about the ruins of
Fort Erie, on condition that the property be cared for as part of the Park
system, the Commissioners took possession and deeided to fenee off the
ground-, which have been an open pasture field for many years; turned
cedar posts for an ornamental wire garden fence have been set out along
the fr mt. and on the south unturned posts of cedar for a simple field fence
have been placed in position. Owing to delay in obtaining the desired sep-
arating rails the fencing is not yet completed. In the spring a beginning
will be ma.de towards putting this historic ground into proper condition.

GENERAL MAINTENANCE.

The spring and summer of 1002 were characterzied by an unusual
amount of precipitation, heavy snow falls in the earlier months and fre-
quent rains throughout the summer. This climatic condition wa.s most fa-
vorable to the Park, as in many places the soil is but a few inches in depth,
and in dry weather both grass and shrubs suffer in consequence. Through-
out the whole of last sea«son, however, the verdure was remarkably fresh
and the trees and shrubs were never seen to such advantage. The very
heavy cartage of materials required in the new power works, owing to the
excessive moisture, cut up the Park driveways a.nd made it difficult to
maintain them in ecood condition.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 21

A considerable shipment of new herbaceous shrubs was added to our
collection. These were put in the nursery to mature before setting out in
the Park.

QUEENSTON HEIGHTS PARK.

The heavy repairs to the shaft and pedestal of Brock's Monument,
which were referred to in last year's report, were carried out in the early
summer, and this noble monument is now in good repair. It was, however,
found impossible to take down the dwarf wall enclosing the monument, a.nd
this remains to be taken in hand.

The densely wooded background, which surrounded the earthwork re-
doubts, has been cleaned up, and the sunlight allowed to penetrate. Much
of this undergrowth wa.s of evergreens, and the crowding had forced the
growth to the tops, with the result that any heavy snow fall lodged in the
tops and bent and broke them in all directions, while the lower limbs for
want of light and room to develop had perished. In a few years it is hoped
that this historic ground ma«y be restored to a Park-like appearance and
every part of it made accessible to visitors.

NIAGARA GLEN.

The pathways opening up this widely diversified portion of the Park
were maintained throughout the season, and new ones built in order to
provide access to other points of interest. This unique glen is yearly be-
coming better known, a«nd visitors in increasing numbers are availing them-
selves of the facilities which have been provided since the property was
acquired by the Commissioners.

CHAIN RESERVE.

The Chain Reserve along the shore of the Niagara River between
Slater's Point and Fort Erie continues to suffer from the eroding action of
the river. The company which obtained a franchise to construct an Elec-
tric Railway along this reserve, and as compensation in part undertook to
provide protecting works, has not as yet done anything in this connection.
The roadway having at several points become dangerously narrow, addi-
tional lands have been secured and the driveway set back in such a man-
ner ;>s to afford abundant room for present requirements. There are, how-
ever, several additional points where greater width is needed, and these will
require attention in 1908.

The whole respectfully submitted.

JAMES WILSON,

Superintendent.

22 THE REPORT OF THE COMMISSIONERS No. 6

AGREEMENT OF 28TH JUNE, 1902, BETWEEN THE COMMISSION-
ERS AND THE ONTARIO POWER COMPANY.

This Agreement, made this 28th day of June, 1902, between the Commis-
sioners of the Queen Victoria Niagara Falls Park, acting herein on
their own behalf and with the approval of the Government of the Pro-
vince of Ontario, and hereinafter called the "Commissioners," of the
first part, and The Ontario Power Company of Niagara Falls, incorpor-
ated by the Parliament of Canada, and hereinafter called the "Com-
pany' of the second part.

W T hereas the company, on the 29th day of November, 1901, did obtain the
sanction of the Minister; of Railways and Canals to the plans and surveys
of works proposed to be built by the company, of a« Canal and Hydraulic
Tunnel, from a certain point in the Welland River to the boundary line of
the Queen Victoria Niagara Falls Park, and also, on the 20th day of Feb-
ruary, 1902, did obtain the sanction of the said Minister or Railways and
Canals to the plans and surveys of works proposed to be built by the com-
pany, of a Canal and Hydraulic Tunnel, from the said boundary line of
the said Park and through the same to a point of discharge on the west
bank of the Niagara. River below the gorge, whereby the waters of the said
Welland River can be led through the Queen Victoria Niagara Falls Park
for the purposes of supplying power for use in manufacturing or a«ny other
business or purpose by means of the discharge of such water in the Niagara
River, in accordance with the powers given by the Act of Canada, 1887,
eha.pter 120, and its amendments as then enacted by the Parliament of
Canada, and which said plans and surveys are filed and are of record in the
Department of Railways and Canals of Canada at Ottawa.

And whereas the Lieutenant-Governor of Ontario, on the 23rd day of
April, 1902, by Order-in Council, and the Commissioners by the several
agreements of 15th August, 1901, hereinafter recited, subject to conditions,
provisions and stipulations, did consent that the works of which the plans
and surveys so sanctioned by the Minister of Railways and Canals, as above
recited, be constructed within the limits of the Queen Victoria Niagara
Falls Park, and also that the powers given by the Act of Canada, 1887,
chapter 120, and its amendments or any of them, to the company, as therein
enacted up to the date of the aforesaid sanction by the Minister of Railways
and Canals, may be exercised within the limits of the said Park, in accord-
ance with three separate agreements heretofore entered into between the
parties to this agreement, and severally bearing date as follow? : First,
on 11th April, 1900; second, a supplementary agreement on 15th August,
1901, and third, an Ancillary Agreement on the said 15th August, 1901,
wheeby the conditions, provisions and stipulations entered into between
the parties with the consent and approval of the Lieutenant-Governor-in-
Council as aforesaid are duly witnessed and agreed upon, as well by force
of th" powers vested in the Commissioners under the Act of Ontario, 1899,
chapter 11, and Section 30. as by any other powers vested in the Commis-
sioners and exercisable by or with such approval as aforesaid.

And whereas the company, on or before the 11th day of April in this
present year (1902), pursuant to paragraph 2 of the said supplementary

1«02 OF QUEEN VICTORIA NIAGARA FALLS PARK. 23

agieement. and in observance of the terms of paragraph 31 of the agree-
ment of 11th day of April, 1900, did begin to construct the works as laid
down upon the map or plan annexed to the supplementary agreement of
15th August, 1901, entitled "Amended Map of the Ontario Power Company's
Works in the Queen Victoria Niagara Falls Park" and lettered "B."

And whereas the parties to these presents have agreed that the corn-
pan v may take an additional supply of water to be obtained by an intake
from the Niagara River under the powers contained in the before in part
recited Act of Ontario, 1899, chapter 11, and Section 36. at a certain de-
fined point, for the purpose of generating electric or other power, as in the
Act of Ca.nad •>, 1887. and its amendments specified, by means of the works
located a-nd defined in the aforesaid supplementary agreement.

And the parties bave also agreed, as by these presents defined, on pro-
visions whereby the supply of water for the purposes of generating electric
or other power as aforesaid, whether such supply be obtained from the
Well a nd River as already agreed, and provided by the agreements pre-
viously in part recited, or from the Niagara. River as by these presents
provided, shall be led through the Park by means of conduits or pipes as
hereafter specified. And have also a.greed for one rental being payable in
manner and at the periods hereinafter specified by paragraphs 10 and 11 of
these piesents, for the enjoyment of all the rights and privileges by this
or the previous agreements granted and conferred upon the company. And
have also agreed to surrender, as by the execution of these presents it is
testified are sunendered the rights of the location and construction of
works relating to the ''first development." as described and provided by the
• foresaid agieement of 11th April, 19(10. notwithstanding any matter re-
lating thereto, contained in the supplementary agreement of loth August,
1901. and for convenience the expression in these presents of Niagara River
Intake shall mean the right granted to obtain water by these presents and
the i xuression of Welland River Intake shall mean the rights acquired to
take water as described in and by the agreements previously in part recited.

Now, Therefore. This Agreement Witnesseth, as follows, that is to say:

1. For the purpose of generating electricity and pneumatic power, or any
other power within the Acts of Incorporation of the company, to be transmitted
and capable of being transmitted to places beyond the Park by means of the
works described in paragraph 2 of the hereinbefore in part recited supple-
mentary agieement of 15th August, 1901, indicated on the map or plan
Hereto annexed, entitled, "Amended map of the Ontario Power Company's
works in the Queen Victoria Niagara Falls Park, v and lettered "B."

The Commissioners hereby grant to the company, subject to the con-
sent and approval of the proper authority and save as hereinafter limited,
a license irrevocable to construct upon or in the natural channel or bed of
the Niagar River an intake and forebay by means of which water may be
taken from the Niagara River and conducted through conduits or pipes or
tunnels through the Park to or near the the point marked "L" in the map
or plan hereto annexed marked "C", and from such point be continued in
lines parallel with and adjacent to the conduits or pipes which may be
n quired to 1 ad the waters of the Welland River intake to the power house,

24 THE REPORT OF THE COMMISSIONERS No. 6

situate in the gorge below the Falls, in accordance with the supplementary
agreement of 15th August. 1901, hereinbefore in part recited, and a<s located
bv map or plan "B" annexed to said supplementary agreement, and by
means of conduits or pipes, as hereina-fter more particularly specified, in
lieu of the open channel and forebay as by the said map or plan U B" appears
a-nd is laid down. The works to be done in relation and to carry out the
rights granted as the Niagara River Inta.ke to be as shown in pink on the
map or plan marked "C'\ entitled ''Revised plan of works of the Ontario
Power Company's works in the Queen Victoria Niagara Falls Park," and
l.eieto annexed and subject to provisions hereinafter contained, and to
all other provisions of law to be observed in exercising the said franchise
or the works required for its development. Provided also tha.t these pre-
sents are not to be construed «°s expressing or implying any covenants by
the Commissioners for title or quiet possession.

2. The said map or plan marked "C" hereto annexed is identified by
the seals a.nd signatures of the parties hereto.

3. The several works which the Company are by these presents author-
ized to perform and do may be more particularly described as follows, ref-
erence being made throughout to the above described map or pla.n marked
"C", which is attached to and forms part of this agreement ;

(1) From a point at or near (A) to a point at or nea.r (B) to construct
a permanent rack and ice fender.

(2) From a point at or near (B) to a point a.t or near (C) to construct a
concrete w ill of sufficient height to impound the water required at an ele-
vation approximately equal to river level at point of inta.ke.

'3) From or near (C) to or near (D) to construct an overflow dam or
waste weir of capacity sufficient to draw from the forebay any ice which may
pass through the rack into the headrace.

(4) From or near (D) to or nea.r (E) to construct a headblock with gate-
house and gates to control water supply to conduits.

(5) From or near (E) to or near (F) to construct a concrete wall of suffi-
cient height to protect the Dufferin Islands from overflow.

(6) From or near (F) to or near iG) to construct an overflow dam or
sluiceway and to regulate the flow of water round Dufferin Islands.

(7) From or near (K) to or near (D) to construct a rack and screen to
prevent ice or other objectionable matter entering forebay.

(8) To excavate the bed of the raceway and forebay in order to slow
the speed of the water a.nd afford sufficient hydraulic head at headga f es.

i!») To construct temporary cofferdams in order that any or all of these
works may be properly constructed.

(10) From the gate house (T)-E) to construct one or more conduits or
pipes through the Park to the point at or near (L) on said nia-p or plan, these
conduits Or pipes to form a syphon under the lower channel of the Niagara
River at the Dufferin Islands.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 25

(11) To construct conduits or pipes from or near the point (1) on said
map or plan "C" or where the works of the company to carry the waters of
the Welland River are designed to enter the Park to or near the point (H)
rn plan or so far as the penstock chambers (under the agreements of April
11th, 1900, and August 15th. 1901.)

(12) To construct cascades and overflow daans in the existing channels
of the Dufferin Islands to preserve the surface levels of the several streams
under a restricted flow of water.

4. The works hereinafter specified and embraced in the following sub-
sections (a) to (j) inclusive, a<nd authorized by the Commissioners to be done
and executed by the company by these presents and the manner in which
the same may, from time to time, be proposed to be performed or varied
shall, before being commenced, be submitted by the company to the Commis-
sioners accompanied by suitable plans, profiles, specifications and elevations
as the case may require, and the scenic and general features thereof shall
be approved by the Commissioners in writing. This approval shall in no
wise relieve the Company from responsibility for the stability and effective-
ness of its works, but it is intended to secure, as far as possible, a degree
of ha.rmony in outline and treatment compatible with the location and with
the works in a public park. The works to which such approval are required,
and shall not be proceeded with without such approval, are the following :

(a) The location of the temporary cofferdam to shut out the waters of
the river from the headrace and forebay during construction of the works.

lb) The outline and method of treatment proposed for the walls of the
headrace a.nd forebay.

(c) The raising of the northerly shore of the Dufferin Islands.

(d) The overflow dams, weirs, cascades, etc., to regulate the flow of
water in the headrace and foreba-y, and in and around the Dufferin Islands.

(e) The depositing of waste materials from the excavations of the com-
pany.

(f) The design and location of the bridge required to carry the Park
driveways at the Dufferin Islands.

(g) The conduits or pipes to carry the supply through the Park, includ-
ing the metho'l of concealing or covering over the same, and the method of
syphoning under the lower channel at the Dufferin Islands.

(h) The works and structures for regulating the flow of water at the
penstock chambers.

(j) The power house and the means of access thereto, including the fill-
ing out into the lower river in front thereof.

5. The company shall remove all good surface soil which may be found
at any point where its works are to be constructed and deposit the same
in heaps at convenient points as the Commisisoners may direct — this good
surface soil shall be used as a top dressing for all areas which may be dis-
turbed by the operations of the compa.ny, or for covering over any waste

26

THE REPORT OF THE COMMISSIONERS No. <»

material taken from the excavation* of the Company in the Park. Should
th.' quantity of good soil so obtained be insufficient in the opinion of the
< 'ommissioners to afford a proper covering for such new or disturbed a-reas,
the company shall obtain from without the Park sufficient good soil for this
pin pose, but the quantity of good surface soil which the company may be
called upon to bring into the Park a.nd use as a covering or top dressing shall
noi exceed 10,000 cubic yards.

G. Material other than the good top soil above referred to which may
be excavated from the works of the company in the Park sha«ll be used for :

(a) Raising the northerly shore of the Dufferin Islands.

(1 ) Fi rming new land or islands at such points near the Dufferin
Islands as the Commissioners may determine.

(c) Filling out into the river below the Dufferin Islands to lines and
levels to be given by the Commissioners.

id) Filling up the low ground along the line of the conduits to the
finished surface level of the Park — such finished surface level to be defined by
the Commissioners.

Before depositing any material other than heavy stone rip-rap in rapid
water the Company shall first construct a< substantial and efficient crib work,
facing to the ordinary level of the river, in order to protect the filling from
being eioded by the action of the current. The heights, lines, slopes and
levels of all filling to be defined by the Commissioners.

7. For the purposes of construction and to remove or receive supplies
of materials and machinery, the company may build, subject to the approval
of the Commissioners, tramways, and such other appliances and structures
as may be necessary for the prosecution of the work, but these appliances
are to incommode to the least possible extent the ordinary travel in the
Park, and shall be removed as soon as the works for which they are required
are completed.

8. The compa.ny shall provide and construct one driveway bridge in
place of the north Suspension bridge connecting the Dufferin Islands, such
bridge to be of concrete steel construction of appropriate design and faced
with rock-faced limestone. The bridge to be not less than twenty 1-0) feet
in width of roadway and with a six foot pathway on one side. Should it
be necessary to interfere with the prevent Suspension bridge before the
completion of the new concrete steel structure, temporary wooden bridges
are to be provided to carry the traffic.

0. The license hereby granted shall take effect and operate from the
day at which these presents shall have force and effect. Under paragraph
twenty hereof and for the sake of uniformity in termination of periods with
the provisions of the above in part recited agreements previously made by
and between the parties hereto, shall terminate on the first day of April,
1950. unless terminated by operation of la«w or any provisions in this agree-
ment contained.

10. At the time of the signing and delivery of these presents the com-
pany will pay to the Commisisoners the sum of $30,000, which shall be
accepted and taken as rent in advance up to 30th September. 100: 1 ,.

1*H>2 OF QUEKN VICTORIA NIAGARA FALLS PARK. 27

11. On and after the first day of October, 1903, the company having duly
observed and performed all the agreements and conditions by them agreed
to be done and performed, the company shall pay a clear yearly rental of
130,000, payable half-yearly, on the first days of April and October in each
year, and in addition thereto, payment at the rate of the sum of $1.00 per
annum for each electrical horse-power generated and used and sold or dis-
posed of over 20,000 electrical horse-power up to 30,000 electrical horse-
power in the year, and the further payment of the sum of 75 cents for each
electrical horse-power generated and used and sold or disposed of over
30,000 electrical horse-power up to 40,000 electrical horse-power in the year,
and The further payment of the sum of 50 cents for each electrical horse-
power generated and used and sold or disposed of over 40,000 electrical horse-
power in the year, that is to say, by way of example, that on generation and
use a.nd sale or disposal of 40,000 electrical horse-power in any year, the
gross rental shall be $47,500 for that year, payable half-yearly, and so on,
in case of further development at the sum of 50 cents for each electrical
horse-power as a.bove provided, and that such rates shall apply to power
supplied or used either in Canada or the United States. Such additional
rental, as shall be payable for such generation and pale or other disposition
as aforesaid to the Commissioners shall be payable half yearly at the rate
above specified on the first days of April and October in each year for all the
power sold in the said several half-yearly periods from the day of sale, and
within ten days after the said first days of April and October in each year
on which such additional rentals shall be paya.ble respectively the Treas-
urer or, if no Treasurer, the head officer of the company shall deliver to the
Commissioners a verified statement of the electrical horse-power generated
a«nd used and sold or disposed of during the preceding half year, and the
books of the company shall be open to inspection and examination by the
Commissioners or their agent for the purpose of verifying or testing the
correctness of such statement, and if any question or dispute arises in res-
pect to such return or if any statement delivered at any time by the company
to the Commissioners of the quantity or amount of the electrical horse power
generated and used a.nd sold or disposed of or of the amount payable for such
additional rentals, the High Court of Justice of Ontario shall have jurisdic-
tion to hear and determine the same and to enforce the giving of the infor-
mation required.

Provided always that if any part of the said rent, whether paya.ble
under this paragraph or in respect of the renewal term or terms in para-
graph 15, shall be in arrear for three months, whether legally
demanded or not, the Commissioner's, or if not then a«n existing
corporation the Government of the Province may re-enter on the
premises or any part thereof in the name of the whole, :>nd thereupon
this agreement shall determine, and the remainder of the term then current
shall terminate as well as any renewal or renewals thereof which under this
agreement may be claimed.

12. And whereas the company has actually deposited to the credit of
the Commisisoners in the Canadian Bank of Commerce the sum of $50,000.
with the assent of the Commissioners it is hereby agreed that when the com-
pany shall have actually expended the sum of $250,000 on works upon the
giounds within the Park, either on the works known as the Niagara River

28 THE REPORT OP THE COMMISSIONERS No. 6

intake or known as the Welland River intake and the Commissioners are sat-
isfied of the amount of suoli expenditure then that the Commissioners will
pay the said sum of $50,000 to the company.

13. This agreement shall be taken to complement the previous above in
part recited agreements made between the parties hereto, and all the terms
and provisions thereof shall so far as applicable apply to the works author-
ized by these presents and to the execution and carrying out thereof.

14. And for greater certainity, but not so as to restrict the generality
of the foregoing, it is hereby declared and agreed that if at the end of the
said period of license of fifty years a.s created by the agreement of 11th
April, 1900, and the period of license created by these presents shall ha\ T e
terminated under the operation of paragraph 11 of these presents, renewal
of term or re-a<djustment of rentals shall be made in accordance with the
provisions of paragraph 27 of the 11th April, 1900.

15. In lieu of paragraph 31 of the agreement of 11 tb April, 1900, so
much of its provisions as are as follows shall a.pply not only in respect of
the works authorized by these, but in respect of the works authorized by the
supplementary agreement of 15th August. 1901. which have been in part
begun as hereinbefore recited, the company undertake to begin the works
authorized by these presents, (or by any of the agreements previously
entered into between the parties and in part recited), within two years from
the date of this agreement, and to have proceeded so far with the said works
on or before 1st April, 1906, that they will have completed within the Park
water connections (that is to say : headrace, foreba-y, conduits or pipes,
penstocks and tailrace), for the development of 40,000 horse power, and
have actually ready for use, supply and transmission 20,000 developed elec-
trical or pneumatic horse-power by said last mentioned day, and if not then
completed the Lieutenant-Governor-in-Counoi] may declare this agreement,
the liberties, licenses, powers and authorities so granted and every one of
them to be forfeited and void, and thenceforth after such decla.ration the
same shall cease and determine and be utterly void and of no effect what-
ever.

16. And not to restrict the generality of the foregoing it is hereby
declared that the following paragraphs of the agreement of 11th April,
1900. shall apply and be taken to be inserted herein : 8. 12, except the
words "in its first development" in fifth line of said paragraph, 19. 20, 23. 28,
29 SO, 32, 33, 34, 35, 36, 37, also paragraphs 1. 2. 6, 7 and 8 of the supplemen-
tary agreement of 15th August. 1901.

17. And that the following paragraphs of the agreement of 11th April,
1900, be deemed to be inapplicable, namely. 10. 13. 15. 17. 18, 22, 24. also para-
graphs 3. 4 and 5 of the supplementary agreement of 15th August. 1901.

18. It is further agreed that if from any cause the supply of water at
the point of intake as by these presents defined !><■ diminished the Company
shall have no claim or right of action against the Commissioners, but may
deepen such point of intake to such extent as to restore the supply of water
to the volume or quantity necessary for the purposes of the company.

11M>2 OF QUE10N VICTORIA NIAGARA FALLS PARK. 29

Nor give to the company a<ny right of action against other licensees or
grantees of the Conimisisoners in respect of any diminution not subsian-
tially interfering with the supply necessary for the company, nor so long as
such necessary supply ca<n be obtained by means of deepening at said point
of intake.

19. And the said parties hereto mutually and respectively covenant,
promise and agree with each other to carry into effect, observe, perform and
fulfill all the provisions and stipulations in these presents contained and to
be carried into effect, observed performed and fulfilled by the said parties
respectively.

20. This agreement shall have no force or effect until approved by the
Lieutenant Governor-in-Council.

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 execution hereof by the Commissioners, and the cor-
porate seal of the company has been hereunto affixed by the President, who
has also signed these presents in certification of due execution hereof by the
company, and on the day a.nd year aforesaid.

(Signed) THE ONTARIO POWER COMPANY OF NIAGARA FALLS.

By J. J. ALBRIGHT, President.

ROBERT. C. BOARD, Secretary. (Seal)

Witness : JAMES WILSON.

(Signed) THE COMMISSIONERS OF QUEEN VICTORIA NIAGARA

FALLS PARK.

By J. W. LANGMUIR, Chairman. (Seal)

30 THE REPORT OF THE COMMISSIONERS No <»

AGREEMENT 29th DAY OF JANUARY, 1903, BETWEEN THE COM
MISSIONERS AND MESSRS. MACKENZIE. PELLATT,
AND NICHOLLS.

This Agreement made this 29 day of January. A J). 1903.

Between The Commissioners of the Queen Victoria Niagara Falls Park,
acting heiein en their own behalf and with tho approyal of the Govern-
ment of the Province of Ontario, hereinaftei called "The Commis-
sioneis," of the first part, and Willia-m Mackenzie, of the City of Toronto,
Capitalist, Henry Mill Pellatt, of the same place, Capitalist, and Frederic
Nicholls, of the same place, Capitalist, hereinaftei- called '-'The Syndi
cate," of the second part.

Whereas for convenience and to prevent ambiguity it is agreed and
understood by and between the said parties hereto a.nd is hereby declared
as follows, that is to say:

(a) The expression "The Park" whenever it occurs herein shall be under-
stood to mean the Park proper, namely The Queen Victoria Nia«gara Falls
Park Fouth cf 't^ original boundary in front of the property formerly known
as tho Clifton House a-nd running easterly to the Niagara. River.

(b) The expression "The Commissioners" whenever it occurs herein shall
be understood to mean not only the Commissioners of the Queen Victoria
Niagara Falls Park. — as representing the Government of the Province of
Ontario in the premises — named as parties hereto of the first part, but also
their successors and assigns and those who for the time being may be Com-
missioners of the Queen Victoria Niagara Falls Park or other representatives
of the Government in Ontario.

(c) The expression "The Syndicate" whenever it occurs herein shall be
understood to mean not only the individuals above na.med as parties hereto of
the second part, but also their and each of their heirs, executors, administra-
tors and assigns.

And whereas the Syndicate ha.ve applied to the Commissioners for the

right to take water from the Niagara River at a certain point or points in
the Park in order that the Syndicate may thereby generate and develop
electricity and pneumatic power for transmission beyond the Park.

And Whereas by the Act of the Legislature, 62 Victoria. Chapter 11. it
is enacted as follows : —

"The said Commissioners with the approval of the Lieutenant Governor-
"in-Council may enter into an agreement or agreements with any person or
"persons, company or companies to take water from the Niagara River or
"from the Niagara or Welland Rivers at certain points within or without the
"said Park for the purpose of enabling such person or persons, company or
"companies to generate within or without the Park electricity, or pneum itio,
"hydraulic or other power conducting or discharging said water through and
"across the said Park or otherwise in such manner, for such rentals and upon
"such terms and conditions as may be embodied in the agreement or agree-
ments as may appear to the Lieutenant Governor-in-Council to be in the
"public interest."

liH>2 OF QUEEN VICTORIA NIAGARA FALLS PARK. 31

And Whereas the Syndicate desire to secure the right to construct their
works in the Park and the Commissioners hare agreed to permit such con-
struction upon th? terms and conditions hereinafter expressed and con-
tained or intended so to be and in pursuance of the Statutory powers in the
preceding paragraph set forth.

Now Therefore This Agreement Witnesseth as follows that is to say :

1. For the purpose of generating electricity and pneumatic power or
any other power to be transmitted and capable of being transmitted to
places beyond the Park the Commissioners hereby grant to the Syndicate,
subject to the consent and aproval of the proper authority and save as here-
inafter limited, a license irrevocable to take from the water of the Niagara
River within the Park a. sufficient quantity of water to develop 1 _\~, 000 ( lec-
trical or pneumatic or other horse-power for commercial use. Provided also
that these presents are not to be construed as expressing or implying and
covenants by the Commissioners for title or quiet possession

2. For the purposes aforesaid the Commissioners further grant to the
Syndicate the right to construct and build and do and perform and operate
the works, as hereinafter described and located in pink lines upon the map
or plan marked "N" hereto annexed and entitled "Plan Attached to Agree-
ment Dated January 29th, 1903. made by the Commissioners of the Queen
Victoria Niagara Falls Park with William Mackenzie, Henry Mill Pellatt
and Frederic Nicholls for Power Privileges within the Park" and which plan
is identified by the seals and signatures of the parties hereto.

3. The several works which the Syndicate are by these presents auth-
ized to perform and do may be more particularly described as follows :

Reference being made throughout to the above-mentioned map or plan
marked "N".

fa) From a point at or near A, to a point at or near B, to construct a
gathering over fall masonry dam, the crest of the said dam to be level with
the surface of the ordinary water level of the river at the point A.

(b) From a point at or near B, to or near the points C. D, K and F suc-
cessively to construct a masonry dam and overflow weir the crest of which
from B to D to be approximately two feet and from D to F approximately
three feet lower than the general level of the water in the forebay.

(c) At or near the point C, to construct a substantial masonry pier to
direct the passage of ice from the intake to the river below the works.

(d) From or near the point H, to or near the point G, and from or near
H. to or near K, to construct masonry revetment walls.

(e) From or near the point A. to or near the point R. and from or near
the point H, to or near the point C, and from or near the point D, to or near
J, to construct permanent masonry sheer ice booms to prevent floating ice
which may enter the intake from passing into the forebay.

(f) To construct a power house with gate house, rack, screen, pen
stocks, wheelpit, etc., etc.. within the area marked P, K, L, M. The power

32 THE REPORT OF THE COMMISSIONERS No. 6

house to bo of size and capacity appropriate for the machinery and appli-
ances for the generation of 125.000 electrical horse power.

(g) To deepen the bod of the river within the area enclosed for the
intake and forebay and extending to such a distance eastwards and up
stream from the point A, as may be found necessary to conduct to the in-
take sufficient water at lowest stages of the river for the generation of
125,000 electrical horse-power in the power house of the company and a
sufficient quantity of water in addition thereto to keep the weirs fro B
to E full to the level of the crest of the gathering over-fall masonry dam AB.

(h) To construct a masonry lined tail-race tunnel of capacity sufficient
for the discharge of the water required in the works. The tunnel to extend
from the wheel pit to a point of discharge below the Horse Shoe Fall lo-
cated between the points O and N on the plan.

(i) To erect a transformer house at some point east of the power house
site of the dimensions necessary for the stepping up of the electric power
given off by the electrical machinery in the power house to the voltage re-
quired on the transmission lines.

(j) To carry the electricity generated to points beyond the Park by
means of overhead wires or cables or by means of underground conduits.

(k) To construct temporary coffer dams in the bed of the river where
required in order to facilitate and permit of the construction of any of the
perma-nent works referred to in sub-sections (a) to (g) inclusive.

4. The syndicate agree to observe and perform the stipulations con-
tained in the agreement between the Commissioners and Sutherland Mack-
lm so far as it relates to the supply of water from the Niagara River to the
Mansion, grounds and premises known as "Clark Hill," and to the stipula-
tions in the subsequent agreement relating to the water supply made be-
tween the Commissioners and James R. Smith, the present proprietor and
his heirs and assigns.

5. The rights and privileges described in sub-sections (a) to (k) of
paragraph 3 of this agreement are granted subject to the rights in the bed
of the river heretofore granted to tho Ontario Power Company of Niagara
Falls for its power development, which said rights granted as a.foresaid to
the Ontario Power Company are indicated in purple lines on the map or
plan marked "N" attached hereto and described as "Intake Works of the
Ontario Power Company of Niagara Falls." and none of the works to be
performed under this agreement either those intended to be of a temporary
character, such as coffer dams or other methods of diverting the water of
the river in order to facilitate construction, or those designed to be of a per-
manent nature, shall in any wis? interfere with or incommode the Ontario
Power Company in the proper and efficient construction or operation of its
works as these are defined on the said map. and the syndicate shall make
all such provision for the carrying off of the natural drainage water or
waters which may require to be pumped by the Ontario Power Company
from its excavations and works as shall place that company in as favor-
abh- a position for the execution of its works of construction as if this
agreement had not been entered into.

1903 OF QUEEN VICTORIA. NIAGARA FALLS PARK. 33

6. The works hereinafter specified and embraced in the following sab-
sections (a) to (f) inclusive, and authorized by the Commissioners to be
done and executed by the syndicate by these presents and the manner in
which the same may from time to time be proposed to be performed or
varied shall before being commenced be submitted by the syndicate to the
Commissioners, accompanied by suitable plans, profiles, specifications and
elevations as the case may require, and the scenic and general features
thereof shall be approved by the Commissioners in writing. This approval
shall in no wise relieve the syndicate from responsibility for the stability
and effectiveness of its works, but it is intended to secure as far as pos-
sible a degree of harmony in outline and treatment compatible with the
location and with the works in a public park. The works to which such
approval are required and shall not be proceeded with without such approval
are the following :

(a) The location of the temporary coffer dam required to shut out the
waters of the river from the space to be occupied by the works of the
syndicate.

(b) The design and location of the overflow masonry dams and weirs,
sheer ice booms, revetment walls and piers for impounding and regulating
the flow of water to the power house.

(c) The design and location of the power house and wheelpit, includ-
ing the works a.nd structures for regulating the flow of water at the pen-
stock inlets.

(d) The lines and levels for the filling of the grounds about the site of
the power house and out into the river to the north thereof and the method
of projecting the same from erosion.

fe) The tunnel for carrying away the waste water from the wheel pit,
the means of access to the mouth of the tunnel below the Falls, the method
to be used in disposing of the excavated rock and the supply of timber and
material for the lining of the tunnel.

(f) The design and location of the transformer house and the method
of conducting the electricity to points without the Park.

7. Where the high tension transmission lines are carried over the park
surface to points beyond the limit of the Park, non-conducting gua.rd wires
or other means of protection shall be placed beneath the transmission lines
in such manner that in case of accident to any of the wires carrying elec-
tricity a<ll danger to persons or vehicles passing may be prevented.

8. Tl e Commissioners will define on the ground the area of the Park
surface, which may be occupied for the temporary storage of materials to
be used in the construction of the works in the Park, and also for the erec-
tion of such buildings or appliances as the Commissioners may consider
necessary for the uses of the syndicate or of its contractors during con-
struction. The area to be so occupied will of necessity be limited and the
period during which the Park territory may be used for this purpose shall
not exceed four years from the date of agreement for the initial installa-
tion of machinery to generate 25,000 horse power, nor more than eighteen
months for any subscnuent partial development up to the completion of the
full installation of 125,000 electrical horse power.

3 N. F.

34 THE REPORT OF THE COMMISSIONERS No. 6

9. The Commissioners may require all good surface soil which may be
found at any point where works are to be constructed to be removed and
deposited in heaps at convenient points. This good surface shall be used
as a top dressing for all area«s which may be disturbed by the operations
specified or for covering over any waste material taken from the excava-
tions in the Park. Should the quantity of good soil so obtained be insuffi-
cient in the opinion of the Commissioners to afford a proper covering for
such new or disturbed areas, the syndicate shall obtain from without the
Park sufficient good soil for this purpose, but the quantity of good surface
soil which the Commissioners may require to be brought into the Pa<rk and
used as a covering or top-dressing shall not exeeed 10,000 cubic yards.

10. For the purpose of construction and to remove or receive supplies
of materials and machinery, the syndicate may build, subject to the approval
of the Commissioners, tramways, roads and such other appliances and
structures as may be necessary for the prosecution of the work, but these
appliances are to incommode to the least possible extent the ordinary
travel in the Park, and shall be removed as soon as the works for which
they are required are completed.

11. The syndicate sha.ll have the right to use as power in the cnstruc
tion of any of the foregoing works either steam, electricity, compressed air
or water.

12. Any excess of waste or refuse material taken from the excava-
tions of the forebay, power house, wheel pit and tunnel which the Commis-
sioners do not desire to use a<s filling within the Park shall be taken away
by the Syndicate and deposited outside the Park limits.

13. The syndicate undertake to complete all the filling up, grading,
levelling, sodding or covering with good surface soil and other works af-
fecting the surface of the Park and to ha.ve removed all tramways, build-
ings and other constructions, matt rial or appliances used in ca-rrying out
their operations in the Park within one year from the time fixed for the
completion cf any fractional instalment under this agreement

14. The license hereby granted is for the term of fifty years commenc-
ing with the first of February, 1903. The syndicate paying therefor a clear
yearly rental at $15,000. payable half-yearly on the first da«ys of August
and February in each year, and in addition thereto payment at the rate of
the sum of one dollar per annum for each electrical horse power generated
and used and sold or disposed of over ten thousa.nd electrical horse power
up to twenty thousand electrical horse power, and the further payment of
the sum of 75 cents for each electrical horse power generated and used and
sold or disposed of over twenty thousand electrical horse power up to thirty
thousand electrical horse power and the further payment of the sum of fifty
cents for each electrical horse power generated and used and sold or dis-
posed of over thirty thousand electrical horse power; that is to say. by way
of example, that on generation a.nd use and sale or disposal of thirty
thousand electrical horse power the gross rental shall be $32,500 per annum,
payable half-yearly, and so on in case of further development, as above
provided, and that such rates shall apply to power supplied or used either
in Canada or the Fnited Stages. Such additional rentals as shall be pay-

1902 OF QUEEN VICTORIA NIAGARA FALL8 PARK. 35

able for such generation and sale, or other disposition as aforesaid, to the
Commissioners shall be payable half-yearly at the rate above specified on
the first days of August and February in each year for all the power f-old
in the said several half-yearly periods from the day of sale; :uid within ien
days after the said first days of August and February in each year, on
which such additional rentals shall be payable respectively the Treasurer,
or if no Treasurer, the Head Officer of the Syndicate shall deliver to the
Commissioners a verified statement of the electrical horse power generated
and used and sold or disposed of during the preceding half year, and the
books of the syndicate shall be open to inspection and examination by the
Commissioners or their agent, for the purpose of verifying or testing che
correctness of such statement; and if any question or dispute a<rises in res-
pect to such return or if any statement delivered at any time by the syn-
dicate to the Commissioners "of the quantity or amount of the ^lectrL'al
horse power generated and used a-nd sold or disposed of. or of the amount
payable for such additional rentals, the High Court of Justice of Ontario
shall have jurisdiction to hear and determine the same and to enforce the
giving of the information required. The syndicate has paid contempor-
aneously with the signing of this agreement the sum of $30,000, being the
first two years' rental in advance, being up to 1st February, 1905.

Provided always that if any part of the said rent, whether pavable
under this paragraph or in respect of the renewal term or terms in the fol-
lowing paragraph, shall be in arrear for three months whether legally de-
manded or not, the Commissioners, or if not, then an existing corporation,
the Government of the Province of Ontario, may re-enter on the premises
or any part thereof in the name of the whole, and thereupon this agreement
shall determine and the remainder of the term then current shall termin-
ate as well as any renewal or renewals thereof which under this agree-
ment may be claimed.

15. If at the end of the said period of fifty years the syndicate desire
to renew for a further period of twenty years and shall give notice in writ-
ing to the Commissioners at least twelve months before the expiration of
the fifty years' period, they shall be entitled to and shall receive a further
lease of such rights for the period of twenty years more at the same rental
as above provided, unless the Lieutenant-Governor-in-Council shall desire a
readjustment of said rent as below provided, and similarly the syndicate
shall be entitled at their option to two further renewals of twenty years
each at same renta.l, subject to the same qualifications, the object and in-
tention of this stipulation being to confer upon the syndicate the right to
an original term, of fifty years at the rentals hereinbefore specified, and to
three further terms of periods of twenty years each a.t said rentals, mak-
ing one hundred and ten years in all, and the syndicate shall then give up
or at the expiration of the first term of fifty years, or any subsequent term
of twenty years, if unrenewed in accordance with this agreement the works,
premises, rights and privileges by this agreement created without any
claim for compensation with liberty to the syndicate to remove their ma-
chinery.

In case the syndicate desire to terminate the lease, they may do so
during the first period of fifty years upon three months' notice in writing
to the Commissioners, or in case the Commissioners are not then &n exist-

36 THE REPORT OF THE COMMISSIONERS No. 6

ing corporation, the Government of the Province of Ontario, paymeiil of
rent up to the lime of the termination of such notice being made upoD ihe
giving of such notice At the end of said period of littv years the same
lentals as are heieby reserved shall continue to be paid by the said syn-
dicate unless the Lieutenant-Governor-in-Council shall desire a readjustment
of said rent, in which case the rentals for a further period of twenty years
shall be readjusted by agreement, and in the absence or failure of agree-
ment by the paities hereto, tin n the rentals for such further term slni-ll
be ascertained by three arbitrators or a majority of them, one of \\lioni
shall be named and appointed by the Commissioners, another by the syndi-
cate, and the third by the Chief Justice or senior presiding Judge of the
Provincial Court of Ultimate Appellate Jurisdiction for Ontario. The pro-
ceedings of and before such arbitrators shall be subject to the provisions
of the law relating to "References by consent out of Court/' contained in
the Revised Statutes of Ontario, 1897, chapter 62, respecting arbitrations
and references; and either party to such arbitration may appeal in accordance
with the provisions of the said Revised Statutes. The Lieutenant-Governor-
in-Council may in the like manner for the two further periods of 1 wenty
years each require a readjustment of said rentals. In which case the same
shall be determined as aforesaid and at the expiration of such two periods
of twenty years each the term so limited by these presents shall determine
and end in accordance with all provisions above contained whereby the
syndicate shall then give up the works, premises, rights and privileges by
this agreement granted or crea-ted without any claim for compensation, but
with liberty to the syndicate to remove their machinery. And it is hereby
further agreed that at any time not less than three years
before the period at which such third renewal of twenty year shall terminate
the Lieutenant-Governor-in-Council, a-nd notice thereof to the syndicate
given, may require the syndicate to continue its operations for a further
period of twenty years, to commence from the termination of such third
renewal, at the same rental as shall ha.ve been paid during the said third
renewal period of twenty years or at a readjustment of said last-mentioned
renta.ls for such further period of twenty years by agreement, and in the
a.bsence or failure of agreement by the parties hereto, then the rentals
for such further term of twenty years shall be ascertained by arbitration
in manner and form a.nd according to the provisions of arbitration herein-
before contained, and in the event of such option being so Exercised the
terms and provisions of these presents shall extend and bind the parties
hereto until the said period of twenty years shall have elapsed and expired,
but the exercise of such option requiring such further renewal by the Lieu-
tenant-Governor-in-Council shall not change, alter or affect the above pro-
visions in respect of the termination of the liberties, licenses, powers a«nd
authorities and so declared applicable at the termination of the said last
mentioned or fourth renewal.

1G. The Commissioners will not themselves engage in making use of
the wa.ter to generate electric, pneumatic or other power except for the
purposes of the Park, provided that in case the said Commissioners shall
have granted or at any time may have granted to any other person or cor-
poration licenses to use the waters of the said Niagara or TVelland Rivers,
and by reason of failure of such person or corporation to carry on the works
so licensed the said Commissioners find it necessary to forfeit said license

1903 OF QUEEN VICTORIA NIAGARA FALLS PARK. 37

and take over said works, this clause shall not prohibit sa«id Commissioners
from operating such works for the generation and transmission, sale or
lease of electricity or power.

17. And the company shall indemnify the Commissioners from a«ll
claims or demands by any person or persons whomsoever, whether arising
by reason of the exercise by the syndicate of the powers, rights or author-
ities or any of them conferred by this agreement, or by reason of anything
done by the syndicate in the exercise thereof affecting any property, rights
or privileges heretofore by the Commissioners granted to or conferred upou
any person or persons whomsoever or enjoyed, used and exercised by any
such person or persons under the Commissioners; it being the intention of
this agreement that should the syndicate in the exercise of the aforesaid
powers, rights and authorities so affect any such property, rights or privi
leges gra.ntp<I by or enjoyed under the Commissioners, the syndicate shall
fully indemnify the Commissioners in respect thereof.

And in the event of any claims or demands aforesaid being preferred be-
fore or in any tribunal, whether in a court of law or by proceedings of arbitra-
tion against the Commissioners or for the Commissioners or in their name,
the syndicate undertake and agree to intervene on behalf of the Commis-
sioners and defend the same or take such action in the premises at the cost
and charges of the syndicate; the Commissioners thereby conferring upon the
syndicate all such rights and powers to act in their name a.nd in their be-
half in the premises or to confer such other and further rights and power?
as may be required by the syndicate and necessary.

18. For the transmission of electricity or pneumatic or other power to
points beyond the Park in Canada or the United States, the syndicate shall
have the right to convey the same by overhead high tension wires or by
cables or other appliances in conduits, beneath the surface of the Park at
such depth and in such locations as the Commissioners may from time to
time determine, including the right to cross the so-called Chain Reserve so
far as the same is within the jurisdiction of the Commissioners at any
point or points approved of by the Commissioners between Fort Erie and
Niagara-on-the-La«ke, but subject to any rights which the Commissioners
may have created or licensed or which may be created, without prejudice,
however, to the exercise by the syndicate of any of its rights and powers
under these presents, or which may be acquired in respect of transmission
of power as by this paragraph prescribed.

10. The syndicate undertake to begin the works hereby authorized
within two years from the date of this agreement, and to have proceeded
so far with the said works on or before first January, 1007. that they will
have completed within the Park, water connections (thai is to say, head
race, forebay, penstocks and tail race) for the development of twenty-five
thousand horse power and have actually ready for use, supply and trans-
mission ten thousand developed electrical or pneumatic horse power by said
last-mentioned day. and if not then completed the Lieuteuant-Oovernor-in-
Conncil may der-la-re this agreement, the liberties licenses, powers and au-
thorities so granted and every of them to be forfeited and void, and
thenceforth after such declaration the same shall cease and determine and
be utterlv void an of no effect whatever.

38 THE REPORT OF THE COMMISSIONERS No. 6

20. So long as this agreement is in force the Commissioners under-
take and agree thai the amount of rentals which may be fixed and charged
for the right to use the waters of the Niagara or Welland Rivers within
the Park for the purpose of generating electricity by any other company or
person shall not be at less rentaJs than is provided and reserved by these
presents, and further, that any such company shall be
subject to the like restrictions, as in paragraph 21 of this
agreement. Provided, however, that notwithstanding anything in this para-
graph contained the rentals so to be fixed and charged against any other
company or person may be reduced below the rentals provided and reserved
by these presents so far only as such reduction may fairly and reasonably
be allowed in respect of the increased cost of the construction of the tail
race or tunnel within the Park, by reason of its greater length or other
ground of expense in its or their construction, whether required for supply
or waste through the Park 1o the point of discharge into the Niagara River
in exres ■ of the distance between the power house of the Canadian Niagara
Power Company and the point of discharge into the Niagara River, such re-
duction not to be of an amount sufficient to give any undue advantage as
against the syndicate except by reason of such increased cost of ta.il-race or
tunnel or both, as the case may be.

21. The syndicate whenever required shall from the electricity or
pneuma-tic power generated under this agreement, supplv the same in Can-
ada to the extent of any quantity not less than one-half the quantity gen-
erated at prices not to exceed the prices charged to cities, towns and con-
sumers in the United States at similar distances from the Falls of Niagara
for equal amounts of power and for similar uses, and shall, whenever re-
quired by the Lieutenant-Governor-in-Council, make a return of prices
charged for such electricity or power, verified under oa-th by any Chief
Officer of the syndicate, and if any question in dispute arises involving the
non-supply or prices of electricity or power for consumption in Canada, the
High Court of Justice of Ontario shall have jurisdiction to hear and deter-
mine the same and enforce the facilities to be given or the prices to be
charged.

22. All power developed within the limits of the Park under this agree-
ment shall be in a form capable of transmission and use outside the Park,
and shall not be used within the Park except such uses as may be conve-
nient or necessary within the buildings of the syndicate for the purposes
of its power development and except such cases as may be hereafter agreed
upon for railway, pumping, elevator, or other purposes within the Park.
The syndicate may agree with the Niagara Falls Park and River Railway
Company for the supply of electricity, pneumatic or other power to work
the said railway, a-nd with the town of Niagara Falls. Ontario, and the
town of Niagara Falls South, Ontario, for the supply of power for their
pumping station or stations within the Park and may also supply elec-
tricity for any other persons within the Park.

23. If th; j syndicate should at any time or times after the completion
of its plant and power house or the first day of January. 1007, whichever
shall first happen, continuously neglect for the space of one year effectually
to generate electricty or pneumatic power as hereby agreed by the syndi-

1J>02 OF QUEEN VICTORIA NIAGARA FALLS PARK. 39

cate, unless hindered by unavoidable accident, the Lieutenant-Go vernor-in-
Council ma-y then and from thenceforth declare this agreement, the lib-
erties, licenses, powers and authorities thereby granted and every of them
to be forfeited and thenceforth the same shall case and determine and be
utterly void and of no effect whatever.

24. The rents hereby agreed to be pa<id are hereby declared to be the
first and preferential charge upon the said works, and the syndicate shall
not have the power to create any lien, charge or incumbrance upon the sa.id
works or any of them by bond, debenture, mortgage or otherwise, which
would interfere with or prevent the Commissioners from procuring pay-
ment of the rent hereby reserved or any part thereof; and no simple con-
tract creditor or other creditor of the syndicate shall have any claim against
the said works or any part thereof in priority of the claim of the Commis-
sioners for rent.

25. The said syndicate shall not amalgamate with a-ny other corpora-
tion or- company heretofore or hereafter incorporated by or under the laws
of the Dominion of Canada* or by or under authority of the Province of On-
tario, or which shall be hereafter licensed by the said Commissioners to
take and use the waters of the Niagara or Welland Rivers or both for the
purpose of generation and transmission of electricity without the consent
of the Lieutenant-Governor-in-Council to such amalgamation, nor shall they
enter into an arra-ngement or agreement for that purpose with any such
company which may directly or indirectly have that effect or which may or
shall have the effect of keeping up the price or prices of said power nor
shall they enter into an agreement with a<ny such company for pooling Ihe
receipts of the said syndicate or of any part thereof with those of any
other company nor which shall provide for or have the effect of establish-
ing a common cha-rge or schedule of charges for the use of said power or
any part thereof.

26. It is further agreed that if from any cause the supply of water at
the point of intake as by these presents defined be diminished the syndi-
cate shall ha<ve no claim or right of action against the Commissioners, but
may deepen such point of intake to such extent as to restore the supply of
water to the volume or quantity necessary for the purposes of the syndi-
cate and that the granting or licensing of rights to the syndicate by these
presents sha.ll not give the syndicate any right of action against the Com-
missioners, nor give to the syndicate any right of action against other li-
censees or grantees of the Commissioners in respect of any diminution not
substantially interfering with the supply necessary for the syndicate, nor
so long as such necessary supply can be obtained by means of deepening at
said point of intake.

27. The syndicate agrees with the Commissioners that within two
years from the date of this agreement they will sell, assign, convey and
transfer to a company or corporation formed or to be formed under pro-
per authority, having power to construct and operate the works hereinbe-
fore described all the rights and franchises by this agreement siv»>n and
conferred to and upon the said syndicate, including the benefit of any work
tha.t shall have been done and any moneys that shall have been expended
in connection with the said works prior to the organization of the said com-

40

THE REPORT OF THE COMMISSIONERS

No. 6

pany or corporation, subject to all the provisions and conditions iu this
agreement contained, and by the syndicate agreed to be observed a.nd per-
formed, and otherwise upon such terms and conditions as shall be agreed
upon between the said corporation and the syndicate.

And upon the due organization and formation of the company or cor-
poration now existing or to be formed as above provided, and when this
agreement a<nd the rights and franchises thereby conferred, including
works done and money expended as aforesaid, shall have been duly trans-
ferred to such company or corporation and it shall have assumed the same,
the syndicate shall thereby be relieved from personal responsibility to the
Commissioners for the performance of this agreement.

Nothing in this agreement contained shall affect any pending suit or
litigation, or any contract, covenant or agreement made between the syn-
dicate and any other corporation or individual, at the time of or prior to
the said transfer.

Provided always/that any claim or right of suit or action existing against
the syndicate may be urged and prosecuted against the said compa.nv or
corporation as fully and effectually as it might be urged and prosecuted
agadnst the syndicate primarily bound or obliged or indebted in the prem-
ises, and the said company or corporation may be substituted for tin syn-
dicate in any pending suit or action.

28. And the said parties hereto mutually and respectively covenant,
promise and agree with each other to carry into effect, observe, perform
and fulfill all the provisions and stipulations in these presents contained
and to be carried into effect, observed, performed and fulfilled by the said
parties respectively.

29. This agreement shall have no force or effect until approved by the
Lieutenant-Governor-in-Council.

In Witness Whereof the Corporate Real of the Commissioners hath
been hereto affixed by their Chairman, who has also signed these presents in
certification of due execution hereof by the Commissioners, and the mem-
bers of the syndicate have also hereunto set their hands and seals on the
dav and vear aforesaid.

Witness :

(Sgd.) JAMES WILSON,
as to signature of J. W.
Langmuir.

Witness:

HUBERT H. MACRAE.

to the signatures of William Mac-
kenzie, by his Attorney A. W.
Mackenzie. Henry Mill Pella'tt and
Frederic Nicholls.

THE COMMISSIONERS OF THE
QUEEN VICTORIA NIAGARA
FALLS PARK. (Seal.)

(Sgd.) J. W. LANGMUIR, Chairman.
(Sgd.) W. MACKENZIE,

Atty. A. W. MACKENZIE.

(Seal.)
(Sgd.) HENRY M. PELLATT.

(Seal.)

(Sgd.) FREDERIC NICHOLLS.

(Seal.)

190*4 OF QUEES VICTORIA NIAGARA FALLS PARK. 41

QUEEN VICTORIA NIAGARA FALLS PARK.

Memo. Prepared by J. W. Langmuir, Chairman, re Development of Elec-
trical Power at Niagara Falls.

Presented for the Consideration of the Government, Nov. 25th, 1902.

Messrs. William Mackenzie. Henry M. Pellatt and Frederic Nicholls, of
Toronto, have made application to the Commissioners of the Queen Victoria
Niagara Falls Park for a franchise to take water from the Niagara River
within the Park limits, for the purpose of developing electrical power, and
the applicants ask for sufficient water to generate 100,000 horse power. Two
franchises have already been granted for taking water on a large scale
within the Park, one to the Canadia.n Niagara Power Company, whose
works designed for an ultimate capacity of about 100,000 electrical horse
power, are in course of construction, and the other to the Ontario Power
Company, which has made considerable progress in its preliminary works.

In addition to these a franchise has also been given to the Ontario
Power Company for bringing the Welland River waters to the Park and
developing power at the Fa.lls on a large scale, but active operations upon
this work are now in abeyance pending the construction of the Niagara River
works of the same company. Rights hawe also been granted to the Niagara
Falls Park & River Railway Company to use sufficient water to generate
power for the operation of its system, and to the town of Niagara Falls for
water for municipal purposes and in addition to generate 100 electrical
horse power for lighting the town.

Before granting any additional franchises within the Park, it becomes
necessary to consider every condition, both present and prospective, relating
to the use of the waters of Niagara River for commercial purposes within
the Park at Niagara Falls. The conditions to be inquired into and the prob-
lems to be dealt with in this connection may be summarized as follows:

list) An enquiry into the estimated volume of water that at present
flows down the Niagara River before any waters are diverted for the pur-
pose of generating power.

(2nd) The estimated volume of water now withdra.wn on both sides
of the river for power purposes and the approximate amount that will ulti-
mately be diverted through the full operation of franchises and rights now
under construction on both sides of the river.

(3rd) The effect that such withdrawals of water for the generation of
electrical power and other purposes will ultimately have on the Falls of
Niagara viewed from a physical and scenic sta-ndpoint.

(4th) A consideration of the international features of the subject that
may arise between the State of New York and Canada through the diver-
sion of a large volume of water from passing over the Falls.

(5th) Whether the granting of the application asked for at the location
designated will to any appreciable extent interfere with or jeopardize the
rights and privileges granted to the Canadian Niagara Power Company by
a change or interruption in thp flow of water or through other physical
transformation.

42 THE REPORT <>F TRE COMMISSIONERS No. 6

(6th) The economic or financial results that the granting of a franchise
to Messrs. Mackenzie, Pellatt and Nicholls, representing as they do the larg-
est users of power in the City of Toronto, will have on the two companies
which haTe already obtained rights to use the waters of Niagara within the
Park for the purpose of generating electrical power with a view to marketing
the same in Toronto and all points within tra«nsinissable distance, and in the
furtherance of which those companies have to spend ma.ny millions of dollars
in capital outlay as well as the payment of large annual rentals to the Govern-
ment for the rights obtained.

(7th) Whether by the carrying out of all of these great works of com-
mercial utility the original design of the founders of Queen Victoria Niagara
Falls Park will be marred or the natural scenery undn.lv defaced.

Considering these matters in the order in which they are referred to,
th e Park Superintendent has made a- very carefully prepared and interest-
ing statement respecting the conditions and questions embodied in the two
first paragraphs relating to the volume of water flowing above the Falls and
the present and proposed diversion of a« portion of the same on both sides of
the river. His statement is as follows :

"The flow of the river has usua.lly been assumed t > be not less than
V '25G,000 cubic feet per second, or under the difference of level found between
"the head of the rapids and the base of the Falls, ino theoretical equivalent
'of over six millions of horse-power, the U.S. Engineers finding it in 1308
; 'to be from 273,329 to 280,757 cubic feet, and Sir Casimir Gzowski from
"observations made at the site of the International bridge in 1870, — 1, — 2, — 3
"found a mean flow of 240,000 cubic feet. Now, however, from very careful
''surveys made by the T T .S. Army Engineers extending over a number of
"years and recently published, the mean flow from the average levels of the
'water of Lake Erie for the last forty years is ?ta 4 ed to be at P>uffalo only
"222.400 cubic feet per second.

"Doubtless the Ene and YVelland canals now take more water than
"formerly, while the Chicago drainage canal alone abstracts about 0,000
"feet per second from the supply, but it would appear that other causes must
"be found for the marked diminution of the volume. By making a flight
"addition for the streams entering the Niagara below Buffalo, the result may
"therefore be assumed at 223,000 cubic feet per second, which under the
"total head found in the Falls and in the rapids above the Falls would be
"equal to about 5.500,000 horse-power theoretical.

"From this total I estimate that to-day there is being taken from the
"upper river and returned below the Falls, on both sides of tho river, about
"9.000 cubic feet per second, or say four per cent, of the total.

"The two large companies taking water on the American side are now bus-
"ily engaged in enlarging their works. Should they each extend to the limits
"engaged in enlarging their works. Should they each oxtend to the limits
"prescribed— in the one cas^ by stalute and in the other by the measure of
"its waterway — the result will be as follows :

"The Niagara Falls Power Company. . . . 17.200 cubic feet
"The Niagara Falls Hydraulic Power &

"Manufacturing Company 7.700

"Or a total on tho American side of 24.900 cubic feet

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 43

"Upon the Canadian side of the river, the Canadian Niagara. Power Com-
pany's plans for their completed power house of 100,000 horse-power will

"require 8,600 cubic feet

"approximately, and the Ontario Power Company from
"its Niagara Rive;' and Welland River franchises will

"in all probability require — say 16,000

"Add to this the requirements for the town supply and the
"Electric Railway 400

"and we have a total on our side of 25,000 cubic feet

"Adding these quantities together makes a grand total of about 50,000
"cubi • feet, or twenty-two per cent, of the total flow. Of course this very
"large amount of water will not be required immediately, nor will the inaxi-
"mum quantity be constantly abstracted from the river, but it is interesting
"to note that the relative quantities proposed to be abstracted from each
"side is nearly the same, and the output of electricity, viz., 300,000 horse-
"power is also equal, or 600,000 horse-power altogether.

"But this may not be the sum total of the demands for the water.
"Between the years 1886 a.nd 1891 six additional companies obtained charters
"from the New York State Legislature to take water from the Niagara
"Rvier, and none of these are limited as to the amount. So far none of them
"have been carried out. although one was begun some years ago but failed
"of completion for wa.nt of capital."

From the foregoing figures furnished by Mr. Wilson it will be gathered
that the estimated flow of water above the Falls with Lake Erie at its mean
or average level of 572.86 feet above tide level is equal to 223,000 cubic feet
per second, and tha.t the present and future withdrawals of water from the
river in order to meet the requirements of the companies now exercising
their franchises and charters granted both in the State of New York and
Canada would require about 50,000 cubic feet. Leaving, when a<ll the works
are completed, 173,000 cubic feet or about seventy-eight per cent, of the
present flow to pass over the Falls.

As to the effect such withdrawals of water will hare on the Fa.lls of
Niagara as viewed from a scenic and physical standpoint it is shown from
Mr. Wilson's statement and figures that when the franchises and charters
which are being exercised up to this time for the development of power, both
in the State of New York and in Canada, are in operation to the full extent
of their respective eapi cities that the withdrawal of water from passing
over the Falls will be about equal on both sides of the river. The changes
and transformations that will take place and at what points more than at
others the withdrawal of this large volume of water will have on the Falls
it is most difficult to imagine, let alone to determine with any degree of
accuracy.

Owin^r to the great volume of water now drawn into the extreme point
of recession of the Horseshoe Falls on the Canadian side as well as the

44 THE REPORT OF THE COMMISSIONERS No. 6

great depth of the water at that point and also to the filling in that is going
on of the shallow portions of the shore line on the Canadian side near the
Falls, it is quite possible that the volume of water flowing over the present
contour of the Horseshoe Falls except at Terrapin Point will not Ik- injur-
iously affected to a visible extent.

Kespecting the likelihood of International questions arising from the
diversion of such large quantities of water for commercial purposes; having
regard to the strong currents of the river a«nd the concave shore line within
the Park forcing the main volume of the stream to the Canadian shore, it
is not likely that questions or differences of a serious character respecting
such diversions, and the physical or scenic changes resulting thereupon will
present themselves for settlement.

Coming now to the consideration of the application of Messrs. Mackenzie,
Pellatt and Nicholls for a franchise to develop 100.000 horse-power at Point
Tempest, I am of the opinion that the application can only be entertained
on condition that the tailrace will be carried under the river to be discharged
below the Falls. To allow another discharge tunnel in the Park, even if it can
be safely placed under the tubes of the Ontario Power Company, would. I
fea \ lead to complications either with the Ontario Power Company or the
Cana-dian Niagara Power Company. Moreover, until the plans of the Ontario
Power Company are finally settled in all respects we cannot decide as to the
location of intake, forebay and power house. The most serious question,
however, in connection with this application is the unknown results that
might arise in granting a franchise to take water from the river at any
point between the Ontario Power Company's works at Dufferin Islands and
The intake of the Canadian Niagara Power Company. Should the Govern-
ment favor the granting of the application of Messrs, Mackenzie, Pellatt and
Nicholls for a franchise, having regard to all the circumstances now recited,
it would in my opinion be desirable to have the amount of waiter which they
would be entitled to take clearly defined.

In view of all the intricate questions involved, I am of opinion that
before taking action upon the application the services of one of the most
eminent Hydraulic Engineers in America should be had to report fully upon
the whole subject.

Kespecting the economic or financial results that the granting of the
franchise applied for will have on the two companies that have already
received franchises, I am of the opinion that being simply a question of policy
it should be settled by the Government, If these two companies develop to
their full capacity There will be sufficient electrical power produced, in all
likelihood, to supply the demand in Ontario for the next quarter of a cen-
tury. If however, only one-half of the power to be generated on the Can-
adian side — say 150,000 horse power — is offered to consumers in Ontario as
the agreements provide for the demand may overtake the supply in a much
less period. Perhaps the most serious view of this phase of the question
is that the present applicants represent the largest consumers of power in
Toronto, who under other circumstances would likely become customers of
one or other of the chartered companies. The whole question, however, is
one of policy and expediency, and therefore can only be decided by the On-
ia io Government.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 45

In respect to the probable scenic effects upon the Park of the carrying
out of these several power projects, it may be noted that all that portion of
the Park which lies north of the picnic ground and where the chief works of
restoration and improvement have been carried on, will be unaffected by the
ccnst' uction of any of these projects, and between the picnic ground and
Table Eock none of the works will be of a conspicuous character, the power
house of the Ontario Power Company in the Gorge being below the line of
vision of the Falls from any point within the Park proper. At Table Rock
point the recession of the Falls has of late years bared a large area of the
river bed, and advantage has been taken of the surplus material from the
works in progress to reclaim all this area, and provide a new and most
attractive point from which to view the Faills and gorge. South of Table
Rock, after the completion of the works now in progress, all of the unfinished
portions of the Park including the low lying reach behind Cedar Island, will
be graded and planted, and the area, of the Park considerably increased by
reclaiming the low lying foreshore of the Niagara. At the south end of
Cedar Island will stand the power house of the Canadian Niagara Power Com-
pany. This building will be of an imposing character and contain the larg-
est electric machines so far constructed, and it is believed that it will be con-
sidered a most interesting feature of the Park. Beyond this point there will
be no permanent works of construction above the Park surface, excepting
at the Dufferin Islands where the intake of the Ontario Power Company will
be placed. The plans of the company for this portion of the work have not
yet been presented but the Commissioners have taken every precaution pos-
sible to have the works of the company so constructed as to very greatly
improve and enhance this attractive feature of the Park. The granting of
the additional franchise as asked for by Messrs. Mackenzie, Pellatt and
Nicholls will of course involve additional changes, but the nature of these
cannot be determined until their plans are submitted.

Respectfully submitted,

J. W. LANGMUIR, Chairman.

46 THE REPORT OF THE COMMISSIONERS Ko. 6

MEMORANDUM OF THE COMMISSIONERS OF THE QUEEN VIC-
TORIA NIAGARA FALLS PARK.

Submitted to the Government on the occasion of the hearing given the
Canadian Niagara Power Company, and The Ontario Power Company,
in lespect to the application of Messrs. Mackenzie, Pellatt & Nicholls at
the Council Chambers, Dec. 19th, 1902.

Messrs. Mackenzie, Pellatt & Nicholls have made an application to the
Commissioners of the Queen Victoria Niagara Falls Park for a power site
within the Pa«rk together with the right to take sufficient water from the
Niagara River to construct the necessary works for the generation of 100,000
electrical horsepower.

When the plans of the works were submitted by the applicants, the
Commissioners carefully examined them, first from the standpoint of how
the proposed works would affect the Park surface, and secondly whether
they would interfere with the rights and privileges already granted to other
companies to generate power within the Park. The first phase of the mat-
ter need not at present be referred to, and as to the second, certain amend-
ments and modifications were suggested by the Commissioners and accepted
by the applicants.

In order that the locations in the Park of the various power compa-nies,
including the site now asked for. may be clearly shown, the Commissioners
have had prepared by the Park Superintendent a surface plan which is now
submitted. This plan shows (1) The location of each site and the relation-
ship or contiguity of the one to the other — (2) The intake from the river and
fore bay connected with each site — (3) The situation of the respective power
houses, and — (4) The location of the discharge tunnels. The method pro-
posed by the applicants for the generation of electrical power is the sa<me as
that rf the Canadian Niaga.ra Power Company, viz.. by a wheelpit, power
hcuse and forebay ; the discharge tunnel to be constructed under the bed
of the river.

It will be seen from the map that the Ontario Power Company site is
the most southerly location and therefore cannot be affected by the grant-
ing of the application now asked for. It therefore only remains to consider
the rights and privileges that have been granted to the Canadian Niagara
Power Company which is the most northery location and the one nearest to
the Falls. That location wa-s so well and carefully selected by the Engin-
eers of the Canadian Niagara Power Company, both in respect to depth and
volume of water, natura-1 currents and other important physical conditions
that its intake of water cannot be interfered with unless the rights granted
to the Ontario Power Company and those proposed to be granted to the
presents applicants are in terms of their respective agreements exceeded
beyond the limits provided by such agreements respectively.
The plans of the Ontario Power Company and those of the present appli-
cants as approved in aecorda.nee with the outline of .their present proposals
by the Commissioners are such that the natural flow into the inta«ke of the
Canadian Niagara Power Company will not be diverted or the volume of
water injuriously reduced by the withdrawal of water through the opera-
tions of the other companies.

1«0£ OF QUEEN VICTORIA NIAGARA FALLS PARK. 47

The Commissioners are strengthened in this view by the opinion of one
of the most eminent hydraulic Engineers in America, Mr. J. James R. Croes,
who at my request has answered the questions which I submitted to him as
follows :

"Toronto, Canada, December 18th, 1902.

"J. W. Langmuir, Esq.,

"Chairman Queen Victoria Park Commissioners, Toronto.

"Dear Sir, — I have your letter of even date containing the following two
"questions in regard to the proposed power development by the Toronto
"and Niagara Falls Power Company.

"Question No. 1. Will the building of the proposed works of the
"Toronto and Niagara Falls Power Company tend to divert the waters of the
"Niagara River away from the intake of the Canadian Niagara Power Coni-
"pany ?

"Question No. 2. Will the subtraction of 11,200 cubic feet of water per
"second from the Niagara River as proposed by the Toronto and Niagara
"Falls Power Company affect the elevation of the water surface at the intake
"of the Canadian Niagara Falls Power Company, and if so to what extent ?

"I have made the examinations referred to in your letter and beg to reply
"as follows :

"In reply to Question No. 1, I am of the opinion tha.t the building of the
"works proposed by the Toronto and Niagara Falls Power Company will
"not tend to divert the waters of the Niagara River away from the intake
"of the Canadian Niagara Power Company.

"In reply to Question No. 2, I am of the opinion that the subtraction
"of 11,200 cubic feet of water per second at the location and in the ma<nner
"proposed will not appreciably lower the elevation of the water at the intake
"of the Canadian Nia-gara Power Company.

"Very respectfully, your obedient servant,

"(Signed) J. JAMES R, CROES, Consulting Engineer."

The Commissioners, therefore, subject to detailed plans and specifica-
tions of the various works in accordance with the outline of the present
proposal being submitted for their approval and the execution of an agree-
ment containing all necessary provisions and terms and conditions con-
tained in the agreements with the other power companies are prepared to
recommend the application of Messrs. Mackenzie, Pella.tt and Nicholls to the
favorable consideration of the Government.

48 THE REPORT OF THE COMMISSIONERS No. 6

ARGUMENTS AND BRIEF OF THE SOLICITORS AND THE OPINIONS
OF THE HYDRAULIC ENGINEERS RESPECTING THE APPLI-
CATION OF MESSRS. MACKENZIE, PELLATT, & NICHOLLS
FOR WATER POWER RIGHTS WITHIN THE PARK.

PETiTIOX OF COUNSEL FOR MESSRS. MACKENZIE, PELLATT &

NICHOLLS.

To the Honorable the Commissioner* of the Queen Victoria Niagara Falls
Park :

Your petitioners, William Mackenzie, Henry M. Pellatt and Frederic
Nicholls, as supplementary to the application already filed for a power site in
Niagara Falls Park, beg lea.ve to submit for your consideration, in order to
exemplify and illustrate the same, drawings 1, 2, 3, and 4.

Your petitioners pray, subject to the plans of future permanent works
being approved by your honorable body.

1. The irrevocable right to take from the waters of the Niagara River
for power purposes for the generation of hydraulic or pneumatic power, a
sufficient quantity of water to develop 125,000 (one hundred and twenty five
thousand) net electrical horse power for commercial use ; said water to be
applied to turbines located in suitable wheelpits to be operated under a head
of not less than 140 feet.

By the use of the term "net" above, we desire to express that the water
shall be sufficient for the actual generation of 125,000 electrical horse
power after the necessary waters are supplied for excitation, and the opera-
tion of other auxiliary apparatus incident to the development of 125,000
electrical horse power.

2. For the purpose of securing the water necessary for the power men-
tioned in petition No. 1, your petitioners request the right to build upon
the river bed of the Niagara River a gathering overfall masonry dam, the
approximate general outline of which is shown on drawing No. 2 from G to
S and S to Q.

We request further the right to excavate the bed of the river above the
end of the overfall dam to such depth as may be necessary to secure a mini-
mum depth of ten feet below the bed of the river at the end of the overfall
dam and not less than six feet at any point leading thereto and the width and
alignment of such excavations to be determined by the Engineer of the
applicants. Providing always that the permanent works to be constructed
shall always bo contained within the line A.B. shown on the plan.

The maximum height of this overfall dam to be not less than elevation
533 above the sea level, and tha.t your petitioners may have the right to vary
the elevation of the parts G R. R V, V S, and S P, and the lengths of the
same, as further surveys may render necessary.

1«>02 OF QUEEN VICTORIA NIAGARA FALLS PARK. 49

3. We ask for the right to construct from U to V and T to S a.nd at
any other points our Engineer may determine as necessary, and all within
the boundary line mentioned in paragraph 2, masonry sheer ice booms, the
length of the sa.id ice booms and their dimensions and construction to be
determined upon by the Engineer of your petitioners after the completion of
further surveys.

4. Also for the right to build masonry retaining walls from G to W and
a fender wall from T to E and from T to Z as shown on the plans the eleva-
tion of which fender wall w r ill approximately agree to elevation 540; all
other dimensions to be determined by the Engineer of the applicants upon
the completion of further surveys.

5. For the right to perform such excavation above the overfall dam
G S and S Q and within the same as will permit of the delivery of the
necessary amount of water to the turbines, at such velocity of approach as
the Engineer of the applicants may deem proper, after the completion of
further surveys. It being the declared purpose of the gathering works shown
on plan No. 2, both as to masonry and excavations above Q L, to divert a.
sufficient amount of water for the supply of the power asked for in para-
graph No. 1, a<s well as a sufficient quantitv of water to keep the spillwavs
P S, S V, V R, and R G always full to elevation 533.

6. For the right to fill in all of that shaded portion between the let-
ters TZTXJWM and F to the elevation approximately 540 and as the
Commissioners may direct.

7. For the right to sink a wheelpit at some location inside of the space
marked "Outside limits power house and gates" in pla.n No. 2, and that such
wheelpit shall be of a size to be hereafter determined by the Engineers of
your petitioners, and sufficient in all dimensions in his judgment for the
development of 125,000 electrical horse power, specified in paragraph No. 1.

8. For the right to connect the bottom of the wheelpit mentioned in
petition No. 7, with the Niagara River below the Horseshoe Falls, by the
construction of a tailrace tunnel; the point of discharge of such tailrace
tunnel to be at a point below the crest of the Horseshoe Falls and between
the letters O and N on drawing No. 4.

For the further right in the construction of this tailrace tunnel to prose-
cute its construction from the exit under the Falls by the building of a con-
struction tunnel under the brow of the Falls, which shall connect the end
af the tailrace tunnel with a point of discharge for debris, to be hereafter
determined, at some location between the letters O and approximatly N on
the map.

9. Referring to drawing No. 2, your petitioners ask for the right of use of
such portions of the property inside the boundaries shown by tlie letters
S T Z Y X J W back to S and of the lands in the river bed bounded by the
letters Q S T and Z as may be required by the Engineer of the applicants
for permanent works and subject to the approval of your honorable body.

10. For the right within the limits of Drawing No. 2, marked "Outside
Limit Power House and Gates/' to construct a suitable power house and

4n. f.

50 THE REPORT OF THE COMMISSIONERS No. 6

suitable gate house, which shall in the opinion of your Engineer be suffi-
cient and proper for the housing and operation of the apparatus necessary
for the generation of 125,000 electrical horse power.

11. The right to construct upon the river bed of the Niagara- River a
temporary construction coffer dam for the uncovering of the river bed. at
least within the limits described in petition No. 2, the design of such con-
struction coffer dam, and its actual location to be determined by our Engin-
eer upon the completion of further surveys.

12. For the right to erect upon the property marked T Z Y X P back
to T a transformer house of such dimensions as may be determined by the
Engineer of the applicants and a suitable high tension tra-nsmission tower
both to be of such dimensions as may be determined by the engineer of the
applicants and subject to the approval of the Commissioners.

And also the right to carry high tension wires from the top of such
transmission tower in a single span across the property of the Park Com-
mission to some point outside the Park to be hereafter determined.

13. For the right in the construction of the foregoing works to con-
struct such surface or overhead construction tracks and works a<s may be
necessary for the delivery of any surplus excavated material that may be
encountered, to the Niagara River below the Horse Shoe Falls, also that
the right be granted permitting of the temporary construction and use of
such cable-ways, derricks, engines and other apparatus as may be found
necessary and expedient, for the rapid construction of the proposed works.

14. Also for the right to use the highways of the Park for the delivery
of materials io and from the said construction works above referred to.

15. We further ask for the right to occupy the necessary lands in the
Park and situated in the immediate vicinity of the above works
for constiuction purposes, the buildings and constructions necessary
to be erected on said property and the machinery necessary to
be installed thereon, all to be removed immediately upon the completion
of the works and the property to be restored, at the expense of the petition-
ers, to its original condition and under regulations to be made by your
honorable body.

16. We also ask for the right in the construction of the foregoing works
to use as power, either steam, electricity or compressed air, or water or
any one or more of the a«bove.

And your petitions will ever pray.

Dated December 17th, 1902.

(Signed) H. H. MACRAE, for the Applicants.

To the Honorable the Premier of Ontario, and the Members of the Cabinet :

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK 51

MEMORANDUM OF ARGUMENT.

Submitted by Counsel for the Applicants for the Proposed Site at Niagara

Falls.

It is not disputed that the Commissioners have the absolute right in
their discretion to grant a license to the applicants, this authority is bv
Statute of the Province of Ontario, 63 Vic, Chap. 11, Sec. 30.

The position has been advanced that the Government is in a fiduciary
relationship towards, and are in fact trustees for, the Canadian Niagara
Power Company; this is erroneous, as will appear from what follows:

The Canadian Niagara Power Company had the exclusive right to take
wate • within the limits of the park ; they surrendered and abandoned that
right for valuable consideration, and the Legislature cancelled it, and
granted the Commissioners power to license other persons.

The Canadian Niagara Power Company are constructing their works
under their license from the Commissioners with the knowledge that the
Commissioners reserved to themselves the right to grant licenses to other
persons.

Not only are they doing this, but they entered into an agreement which
expressly contemplates by its terms the subsequent licensing by the Com-
missioners of other persons.

For proof of this see paragraph 5 of the Canadian Niagara Power Com-
pany agreement, 15th July, 1890. which provides: "That in case the said
Commissioners shall have gra.nted to any other person or corporation li-
cens a to use the waters of the said Niagara River," etc., etc.

Also see paragraph 7 of the same agreement, which provides : "That
the a.mount of rentals which may be fixed and charged for the right to use
the waters of the Niagara or Welland River for the purpose of generating
electricity by any other company hi' person shall not." etc.

And paragraph 11 provides with reference to "any right of aclion
against other licensees or grantees of the Commissioners in respect of any
diminution," etc., etc.

Special attention is called to the full reading of the above paragraph.

The Canadian Niagara Power Company therefore hold their license aad
are constructing their works, subject to the acknowledged right of the Com-
missioners to license other persons.

The legal position between the Commissioners and the Government on
the one side, and the Canadian Niagara Power Company on the other side,
is defined by the agreements which have been made between them : The
Commissioners a.nd the Government grant the license to take the waters
pursuant to the plans, and the company agree to pav the rentals — both sub-
ject to the expressed conditions of the contract. In the contract there is
no covenant or clause which restricts the Commissioners or the Govern-
ment in the free exercise of their power to license.

52 THE REPORT OF THE COM MISSION Kits No. 6

There is no fiduciary relationship a<nd there is no obligation cast upon
the Commissioners or the Government, other than that arising directly
from the provisions of the contract.

The applicants have made out their case through Mr. Cooper and Mr.
Croes to the satisfaction of the Commissioners that there will be no sub-
stantial interference with the works of the Canadian Niagara Power Com-
pany, and the Commissioners have recommended the granting of the petition.

With regard to the evidence of Mr. Croes. see copy of letter to the Pre-
mier hereto annexed.

The Government after receiving the recommendation of the Board of
Commissioners, granted a hearing to the Canadian Niagara Power Com-
pany for the purpose of giving to that company the opportunity of showing
that physical injury would result to their works by the licensing of the
applicants' proposed operations.

If the Canadian Niagara Power Company can demonstra.te that the
taking of water in the manner proposed by the applicants will cause phy-
sical injury of a substantial kind to their licensed works, the Government
would be justified in refusing the applicants' petition, but the burden of es-
tablishing this injury rests upon that compa-ny. If they fail in convincing
the Government that this injury will reasonably and naturally result, the
Government need not, and ought not, to deny to these persons the license
which they are privileged to ask, and which the Commissioners have the
undisputed right to gra-nt.

To suggest that the proposed works may injure the works of the Cana-
dian Niagara Power Company is not sufficient, neither is the burden of
proof cast upon the company met by the opinion of one or more engineers
that such injury will result; more is required, the Canadian Niagara Power
Company must show by reasons sufficient to satisfy the Government,
founded on hydraulic facts and formulas, that this injury will flow from
the projected works.

The Hon. the Premier remarked to Mr. Herschel on the argument be-
fore him, that he ga«ve no reasons for his opinion that the level would be
reduced four feet, it is these reasons which the Premier then sought, which
must now be forthcoming, and which must be established before the Gov-
ernment can properly be asked to withhold the license petitioned for.

The opinion is again to be found in the written submission of Mr.
Herschel, but he fails to give any reasons why the current should be di-
verted by a wall which in its hydraulic nature is not a diverting but a re-
ceiving wall.

The reasons why there will be no substantial interference with the
level by the proposed works are to be found in the briefs of Mr. Croes a.nd
Mr. Cooper already submitted.

The responsibility of decision rests upon the Government, and it is sub-
mitted that their duty and obliga-tion if they should consider it in the pub-
lic interests to do so, is to grant the petition of the applicants unless con-
strained to believe upon the evidence before them, that a substantial injury

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 53

would be dor.e to the Canadian Niagara Power Company by the proposed
works.

The suggestion of an alternative site to avoid the dam is not a fair one,
for neither at the point proposed by the applicants nor at any other avail-
able point above the intake of the Canadian Niagara Power Company is
there sufficient depth of water to produce the necessary supply without a<
gathering dam, which is not included in the alternative scheme proposed
by that company, and when this statement is fully understood, it includes
the proposition, which is true in actual fact, thn.t unless this site and pro-
posed works are available, the Commissioners have now exhausted their
power to license, and the existing companies have secured licenses which
will forever prevent the operations of any other sufficient power develop-
ment upon the Canadian side of the Niagara River.

SECTION II.

No argument for the Canadian Niagara- Power Company can be
founded upon paragraph 11.

It was inserted in the wisdom of the Government for its protection
against any possible liability in respect of the proposed works of other
licensees up the river, so that if the supply of water were diminished, still
the Canadian Niagara Power Company should have no cla.im either against
the Government or against such other licensees. But if any substantial
interference were ca-used by subsequent licensees, which could not be rem-
edied by deepening at the point of intake, then any claim on the part of the
Canadian Niagara Power Company is not interfered with.

The section does not in any way restrict the right of the Government
to grant, or of any applicant to receive a license, but it says that if the in-
terference should turn out to be substantial, and without remedy by deep-
ening, then if the Canadian Niagara Power Company has a claim for dam-
ages they may enforce it.

This section is relied upon by the applicants to prove :

1. That subsequent licensees were then contemplated by the Canadian
Niagara. Power Company.

2. That the Canadian Niagara Power Company were then content to
make no claim agadnst subsequent licensees for any diminution in the sup-
ply of water which would not cause a substantial interference or which
could be remedied by deepening at the point of intake.

3. A lowering of the level of the water was clearly intended to be
covered, beca.use the words are "if from any cause the supply of water, etc.,
be diminished" ; and lowering the level is a cause which would diminish
the supply the reduction in the supply absolutely calls for a reduction in
the level, and this can be taken care of by deepening. And

4. If the applicants admit a. slight difference in level which can be
remedied by deepening, then this difference is not such a one as will affect
the granting of the license, for the section imposes the obligation upon the
company to deepen for its own protection.

The above grounds are submitted by counsel for the applicants.

(Signed) C. ROBINSON.
(Signed) H. H. MACRAE.

54 THE REPORT OF THE COMMISSIONERS No. 6

The Hon. the Premier of Ontario :

Re the Application of William Mackenzie, H. M. Pellatt and Frederic

Nicholls to the Board of Commissioners of Niagara Falls Park.

Sir : I desire to call the attention of the Hon. the Premier and the
Members of the Cabinet to the following facts in connection with the re-
port of J. James P. Croes, submitted herewith.

The petition of the applirants having been filed, Mr. J. W. Langmuir
Chairman of the Board, appointed Wednesday, the 10th December, for the
hearing of the same, and on that date Mr. Mackenzie, Colonel Pellatt, Mr.
Nicholls and myself attended before the Commissioners — Mr. La.ngmuir in
the chair, Mr. Jaffray and Mr. James Wilson.

Mr. Hugh L. Cooper, hydraulic engineer for the petitioners, submitted
his plans and explained the details of the proposed works, and ga«ve it as
his opinion in answer to Mr. Langmuir, that the taking of the water would
not materially reduce the level of the water a«t the intake of the Canadian
Niagara Power Company.

Mr. Langmuir then addressed Mr. Cooper, saying that it might be so, but
could Mr. Cooper produce before him the first hydraulic engineer in the
United States to say the same thing.

The case of the petitioners was complete at this time before the Com-
missioners, but in view of Mr. Langmuir's expressed desire for the highest
independent testimony, Mr. Cooper obtained the opinion of Mr. Croes and
offered it to Mr. Langmuir on the 18th inst.

The positions held by Mr. Croes are on record now with Mr. Wilson,
and are sufficient evidence of his standing.

I have the honor to be, sir,

Your obedient servant,

II. II. MACRAE. :

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 55

ARGUMENT OF HUGH L. COOPER, ENGINEER FOR THE APPLICANTS

Iu the matter of a certain application to the Lieutenant-Governor-in-
Council of the Province of Ontario by William Mackenzie, Frederic Nich-
olls and Henry M. Pellatt, all of the City of Toronto, in the County of York
in the said Province.

Mr. Hugh L. Cooper, hydra.ulic engineer for the applicants above men-
tioned, availing himself of the permission given to him by the honorable
the members of the Cabinet of the Ontario Legislature, begs to submit the
following answers to the objections taken by Mr. Herschel. C.E., on behalf
of the Canadian Niagara Power Company to the works of the applicants on
the Niagara River.

The Honorable the Premier having expressed his desire to have before
him in writing the engineering reasons from the standpoint of the appli-
cants why the objections taken by Mr. Herschel are not entitled to prevail,
the writer understands that he is expressly desired to confine his state-
ments to the arguments advanced by Mr. Herschel at the time of the hear-
ing before the Members of the Government.

It should not be understood, however, that a simple reply to the argu-
.'ments of Mr. Herschel in themselves constitute all of the reasons why the
loca-tion proposed by the applicants should be adopted. Mr. Herschel's ob-
jections all had to do with the questions; First, of a reduction of level at
their intake; second, the great cost that will be entailed upon them as a
result of the change in this level; third, the action of the ice.

The opening statement of Mr. Herschel was to the effect that the con-
struction of the temporary diverting coffer dam of the Ontario Power Com-
pany had produced a great change in the level of the water at the intake
of the Niagara Power Company, and he announces that this change in level
was so great as one foot.

In the consideration of the subject matter of this report the writer
specially desires that the report of Mr. Croes, his associate, should be first
read and understood, for the reason that the entire question of the effect
upon the Canadian Nia.gara Power Company hinges upon the kind of
works proposed by the applicants.

The report of Mr. Croes plainly shows that the works proposed both
by the Ontario company and the applicants 1 company a.re neither of them
in any sense in the nature of diverting works, for the specific reason that
both over-falls in their final position are parallel to the direction of the
approaching current, and because they are parallel they cannot divert, but
can only receive, and it will aid your honorable body if in a consideration
of this question you will rail the structures placed in the river receiving
dams, which they properly are.

The temporary construction dam which Mr. Herschel says changed
their level one foot, is a diverting dam in the fullest sense of the definition
offered you by Mr. Croes, and it is a. fact that the diverting dam built by
th° Ontario company and now in plaoe. diverts from its natural course a
quantity of water more than twice as great as the total of the sum of waters

56 THE REPORT OF THE COMMISSIONERS No. 6

involved in the power developments of the Ontario company and the appli-
cants' company.

Mr. Herschel thinks that the reduction in level is one foot.

The writer will bring upon request to the notice of the Commission
absolute proof tha.t Mr. Herschel is in error in this statement, and that
this reduction, instead of one foot, as claimed by Mr. Herschel, has not been
six inches.

Now, then, if the coffer dam above referred to is diverting twice as much
water from its natural flowing tendency as is required by the Ontario Com-
pa.ny and the applicants' company, and the present reduction in level is
only six inches, then the greatest reduction in level that can be suggested
as possible when both of the companies above referred to are in full opera-
tion will be a reduction of level of three inches at the intake of the Cana-
dian Niagara Power Company.

A strict analysis of the conditions existing when you come to consider
that the coffer dam above referred to is a diverting dam and entirely dis-
charges and displaces the natural flow, would suggest to a. reasoning mind
that this three inches would be more like one and a half inches.

The investigations have been made and ba.sed upon actual facts per-
taining to the particular river under consideration and results have been
found which have been dictated by undisputable ma-thematic hydraulic
formulae.

A calculation as to what the effect would be at the intake of the Can-
dian Niagara* Power Company by the subtraction of 11.200 cubic feet of
water per second, based upon standard hydraulic engineering formulae,
shows that the maximum reduction that could be expected would be three
and one-half inches, and in order to be entirely safe and that no possible
close decisions could be offered to your honorable body, this three and one-
half inches has been increased 100 per cent, and called seven inches.

The engineers of the War Department of the United States Govern-
ment in their part 8 report of the year 1000. publish an exhaustive report
upon the flow in the Niagara River covering a term of years at the Interna-
tional Bridge and below it.

The minimum tlow of the Niagara. River, as per the above report, is
10,0n0.0e0 cubic feet of water per minute, and the total quantity of water
which the applicants propose to use when their entire development is com-
plete is but 7 per cent, of this vast quantity, and this ratio of 7 per cent,
should always be borne in mind when this report is being considered.

The report above referred to shows that a reduction of 7 per cent, of
the quantity of water in the Niagara River results in a reduction of the level
of the water surface of 2 per cent., where the percentage is applied to the
average depth of the water at the point at which the measurements are
taken.

At the Canadian Niagara Power Company's intake the average depth
of water is 90 inches, and 2 per cent, of this quantity would mean a reduc-

6 N
H O

190?* OF QUEEN VICTORIA NIAGARA FALLS PARK.

tion in level of approximately two inches, allowing for the quantity of
water that is discharged over the American Falls.

Taking into consideration all of the foregoing there can be no ques-
tioning this statement, that the maximum possible effect that can result
to the Canadian Niagara Power Company's level by the subtraction of our
quantity, namely, 11,200 cubic feet per second, cannot be a greater amount
than seven inches, and it should be borne in mind that this seven inches is
fully 100 per cent, more than the best calculations and previous measure-
ments show that it will be.

The question then comes as to what the effect will be of a reduction of
seven inches in the level of the water at the intake of the Canadian Ni-
agara Power Company ?

In consideration of the question "of water level" in front of the Canadian
Niagara. Power Company's intake, it must be borne in mind that the level of
the water in front of this intake, whether any works are built a«bove the
intake or are not built, is an exceedingly variable quantity, owing to the
directions of the winds at the head of the river, and tha<t under present con-
ditions, uninfluenced by any intakes whatsoever, the variations in the level
of the water are frequently as great as 2 1-2 feet in 24 hours.

This feature of the present existing conditions is important and should
not be lost sight of.

It should also be further borne in mind that in all hydraulic power con-
structions the machinery used is always designed to take care of large
variations in level, and that turbines are provided with regulating gates
within themselves, while under the influence of the machinery employed
automatically take care of changes in level.

The maximum range of variation in level that can be spoken of here,
or has been spoken of by Mr. Herschel or by ourselves, is 3 per cent, of the
total head, whereas it is a fact that fully 80 per cent, of the water powers
on the American continent have their turbines built to ta«ke care of varia-
tions in level of 35 per cent., instead of 4 per cent., and no important water
power can be referred to in the United States or elsewhere, where the var-
iations in level are less than 3 per cent.

The foregoing statement is exceedingly importa-nt in the consideration
of this question, and the facts stated above should be thoroughly under-
stood and remembered.

For the information of the Commission, it may be further stated that
all properly designed turbines, and including the designs of Mr. FTerschel of
this particular plant, provide that the maximum power shall be given off
by iho turbines when the turbine gate is practically seven eighths open, and
the reason that the turbines are so designed is to take care of the variations
in level and their consequent influence upon speed.

No wa.ter power plant cnn be instanced by Mr. TTersehel, or by any
other person, where the value and efficiency of the plant is affected or con-
trolled or restricted by variation- in the level of 3 or 10 per cent.

58 THE REPORT OF THE COMMISSIONERS No. 6

In practically all of the water power plants that are now in commis-
sion the element of a flooded season as compared to a minimum period, has
always to be contended with, and in a majority of cases, the range between
high water and low water is often 50 and 60 per cent, instead of the 3 per
cent, in the ca.se under consideration.

The reason that flood waters do not influence the plant we are speak-
ing of, is because the vast areas of the lakes serve as an equalizing storage
reservoir.

All of the foregoing facts point to one absolute condition existing at
Niagara Fa.lls, namely, that the taking of water out of the Niagara Kiver
upon the plans that obtain in the construction of the Canadian Niagara
Power Company, follow conditions that ca«nnot be paralleled elsewhere,
and these conditions are conditions of exceptional value.

Finally in the above it should be noted that all of the comparisons
have been made Upon the ba<sis that the actual conditions in level have been
made, because of the work of the applicants has been 3 per cent., whereas
this variation will be less than one-half of 1 per cent.

The contention has been ma-de that the reduction in the level would
cause necessarily a great change in the design of the works of the Canadian
Niagara Power Company, a.nd the waste of a "large heap of cut stone."

I have seen the plans of the intake of the Canadian Niagara Power Com-
pany, as well as the plans of their ice runner, and am familiar with the general
construction involved in the works of the Canadian Niagara Power Com-
pany. From such examination I a.m able to say that the depth of water
figured at the intake of the Canadian Niagara Power Company is taken a«t
15 feet, they having made excava-tions deepening the river at the intake
from eight to fifteen feet, in order that the velocity of the water through
their works may be reduced to a speed easier of manipulation.

Assuming that the petition of the applicants is granted, and assuming
that the Ontario Power Company a.nd the applicants' company were both
taking their maximum power, and assuming finally that the Canadian
Niaga.ra Power Company under these conditions had not made any change
in their present works, then and in that event, a reduction even of 7 inches
(and we claim that it is only 3 1-2 inches) in the level would cause the fol-
lowing result-

The turl tines of the Canadian Niagara. Power Company are figured to
work upon a nominal head of 136 feet, then if this head should be reduced
7 inches, in order to supply the same amount of power at 135.4 feet head
tha.t was originally called for at 136 feet head, we would require an in-
crease in the amount of water delivered to the turbines, which percentage
of increase would be represented by the ratio between 7 inches and 136
feet, which is less than one-half of 1 per cent.

In order that the turbines misjht still deliver the full amount of power
as originally designed, a.nd when operating under a reduced head of 7
inches in order that the quantity of water might be sufficient, it would be
necessary to increase the velocity of the water of the intake by 3 1-2 per cent.

1903 OF QUEEN VICTORIA NIAGARA FALLS PARK. 59

The demands of these above two necessities would add up less than
4 per cent., which increa-se in velocity is an amount that is imperceptible
to the eye, is incapable of practicable measurement or discovery with the
best measuring devices now known to the engineering profession. When
we realize that practicaly all the power plants in the United States ha.ve to
contend with differences in volume and in water levels where the ranges
of thes" differences are usually from 30 per cent, up, this proposal, even if
it involved n- change of 4 per cent, (which we deny) prohibits criticism.

Supposing that the Canadian Niagara Power Company take the arbit-
rary position that they do not choose to indulge this four per cent. — what
is the remedy ?

Based upm an examination of the pla.ns of this company the remedy
that will cure the proposed increase in velocity would be by deepening the
intake, a condition which has been contemplated by section 11, invoked by
Mr. Nesbitt.

The contention has been made that in order to provide for a change in
level great changes would hawe to be made in the design of the present
works, and the waste of a large amount of cut stone in the above works.
It was stated before the members of the Government that it would entail
the expenditure of a very la«rge sum of money to make the necessary changes
in the present works to allow for any change whatever in the level, but
upon examination and calculation I have found and estimated tha.t the extra
expenditure, if any. which would be occasioned to the Canadian Nia«gara
Power Company would be as follows:

For the deepening of the intake the necessary amount that would re-
quire to be excavated would be 050 cubic ya.rds of lime rock, in the bed on
the intake, which at $1.50 per yard would make $975.00. Then with refer-
ence to the ice run. it is a fact that the elevation of the top of this ice
ove.fall. which is onlv 40 feet lon«r, could be lowered to suit the new condi-
tions, by the removal of six cubic yards of ma.sonry. which at $15.00 per
yard would be $00. making a total with the amount mentioned above, of
$1,005.00 to correct all the evils which are predicted by Mr. Herschel. and
which evils we deny can possibly ever exist.

It must be borne in mind with reference to the masonry in this ice run
tha-t none of it is now laid, and that the alteration of the level in the intake
does not involve any interference with any masonry that is now in place
or is hereafter contemplated to be placed.

With reference to Mr. Herschel's second suggestion, that we should
have our building across the tracks within the main body of the pa.rk, we
reply that such a plan would involve the building of the same gathering
dam upon the river bed as is provided for in the present plans, for the rea-
son tha.t in order to enable the applicants to successfully handle approach-
ing ice. and to successfully provide for permissable velocities in the neces-
sary volume of water for the operation of our plant, it will be necessary for
us to construct a gathering over fall dam, the elevation of the top of which
is approximately elevation 533, and the length of which is determined by
the two points, where this level line of elevation 533.00 intercepts the bed

60 THE REPORT OF THE COMMISSIONERS No. 6

of the rirer, and where it intercepts the present bank of the Queen Victoria
Park. The above works would be necessary in any design, and by placing
our power house behind this work we obviate the necessity of burdening
the space in the body of the park with power house structures and locate
them in the position where they would cause the least possible interference
with the rights and privileges of every person interested.

It had been suggested that instead of building a gathering dam that
th<- bed of the river should be excavated a-nd deepened. In reply to this we
state, what must be apparent to every person, that in order to successfully
handle the ice that may be forced upon us, we must have slow velocity and
a uniform level from the surfa-ee of which to divert the ice, and that the>e
conditions cannot possibly be obtained except by the construction of the
works proposed.

The building of works of the kind proposed was not necessary at the
intake of the Canadian Niagara Power Company because there the surface
of the water is practically level as compred with the surface of the water
at our intake, and the water at their intake has the necessary depth, none
of which conditions exist naturally at our site petitioned for.

With reference to the claim of Mr. Herschel that the works as pro-
posed would operate to change the quantities of ice going by the intake of
the Canadian Niagara Power Company, we reply as follows :

The direction of the current in the Niagara River carrying ice towards
the Canadian Niagara* Power Company's intake is formed, and its course
is fully established by natural slopes in the river bed and by contour of
the shore long before the waters of the Niagara River rea.ch any of the
works proposed by the applicants.

Therefore, ina-smuch as the works of the applicants are wholly recep-
tive, instead of diverting, the quantity of ice that will come to the plant of
the applicants will be no different in any sense than would be the case
were the plant never constructed. Therefore it must be admitted that the
discharge of ice by the proposed plant of the applicants can be no greater
under the proposed conditions.

A casual glanco at the plan map would make all of the foregoing im-
mediately appa-rent, and when we come to consider that the direction of the
currents in the Niagara River above the intake of the Canadian Niagara
Power Company is all toward the shore line just above the intake of the
Canadian Niagara Power Company, the question of a change of the action
of the ice in front of Mr. Herschel's intake by the works proposed by the
applicants is entirely out of reason.

In conclusion the following facts cannot be denied by hydraulic mathe-
matics or reason :

First : Tha.t the subtraction of 11.200 cubic feet of water per second
at the site of the applicants will not appreciably reduce the level, or have
any perceptible effect upon tho installation of the Canadian Niagara Power
Company, and will not entail upon them the necessity of changing in any
particular whatever any part of their plans.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 61

Second : For the reasons above given that there can be no legitimate
reason advanced for the transfer of the power house site that they propose
to a place further within the pa.rk and on the opposite side of the street
railway tracks.

Third : Under the plans proposed, because of natural conditions that
now exist, and which cannot be interfered with by any of the works pro-
posed, there will be no cha.nge in the action of the ice at the intake of the
Canadian Niagara Power Company.

Respectfully submitted.

(Signed) HUGH L. COOPER.
Consulting Engineer. 29 Boardway. New York.

New York, December 23rd. 1902.

62 THE REPORT OF THE COMMISSIONERS N T o, <>

OPINION OF J. JAMES R. CROES, CONSULTING ENGINEER.

To the Honorable the Premier of the Province of Ontario and Members of
the Cabinet :

Gentlemen, — Having been requested by the Honorable Premier to sub-
mit my reasons for the opinions expressed in my letter to John AN'. Lang-
muir, Esq.. Chairman of the Queen Victoria Park Commission, dated De-
cember 18th, 1902. I have the honor to say :

"First. The proposed works of the Toronto and Niagara Falls Water
Power Company will not tend to divert the waters of the Niagara River
; way off the intake of the Canadian Niagara Power Company."

Walls built in the channel of a swiftly flowing stream may be of three
kinds ; diversion walls, or training walls, or obstructing walls.

A diversion wa'l ma»y be defined as one built diagonally to the course of
the stream at such an angle that the current striking it will be deflected
from its course at an angle about equal to that at which it impinges a«gainst
the wall. After passing the wall its course will not be parallel to the wall.

A trrining wall may be defined as one nearly parallel to the course of
the current, and at such an angle that the water impinging against it will
follow the course of the wall and not be deflected, but wil continue on the
same course as the wall a.fter leaving it.

An obstructing wall is one built nearly transversely to the course .if
the current, so that the current is checked and broken up and divided each
way from the point of intact and in a< rapid current is heaped up against
the wall at that point.

In a very swift current, the angular difference between a-n obstruction
wall and a diversion wall at one extreme; and a diversion wall and a train-
ing wall at the other extreme, may be very slight.

In tie case now unde! consideration, there is at this time a diversion
wall at the east boundary of the Queen Victoria Park, extending down
stream 800 feet in the form of a< coffer dam built by the Ontario Power Com-
pany.

The current at that point sets in naturally towards the receding river
bank. It is deflected by the dyke away from the shore and towards the
apex of the Horse Shoe Fall, 3,200 feet down the stream. The extreme end
of the dyke is bent to the east for 100 feet, making it practically a train-
ing wall in the direction of the deflected current.

The natural result is seen in the diversion of water from the elbow
around Dufferin Island, where the bottom is laid bare and the lowering of
the water level along the west shore of the river all the way down to the
Canadian Niagara Power Companv's inta.ke opposite the apex of the Horse
Shoe Fall.

This dyke is a temporary structure and when it is removed the current
will resume its normal course, said the elevation all along the shore will
be restored.

At tie farther end of the dyke the current, the course of which has
naturally been deflected somewhat to the left, as is evidenced by the con-
formation of the shore line, will encounter the training wall of the Ontario-

1903 OF QUEEN VICTORIA NIAGARA FALLS PARK. 63

Power Company, 700 feet long, built on the axis of the original current and
terminated by the obstruction wall of the waste weir and gate house. The
water flowing in the channel to the left of this wall will pass, some of it
through the elbow around Dufferin Island, some will be carried off through
the conduit of the Ontario Power Company and the rest will flow over the
waste weirs and into the natural channel below Dufferin Island. That
passing to the right of the training wall will follow its natural course,
which the contour of the adjacent shore shows to be in a direction towards
the intake of the Canadian Niagara Power Company.

It must be borne in mind right here that the direction of the current
which shapes the shore of this, or any other, river is parallel to the general
shore line. Bays and indentations cause fragmentary aberrations, but the
general contour of the shore shows the true course of the current, which
in this case is from the point designated as "Tempest Point" and down to
the power house of the Electric Railway Company; a very regular curve of
about 2,700 feet radius.

A shore distance from the shore opposite '"Tempest Point" observation
shows the course of the current to be directly towards the intake of the
Can- dian Niagara Power Company. To preserve this direction and accen-
tuate it and lessen if possible the deflection which is apparent in the cur-
rent 400 or 500 feet from the shore to the right, and in the direction of the
Horse Shoe Fall, it is proposed by the Toronto Niagara Falls Power Corn-
piny to build in the bed of the river about 400 feet from the shore a train-
ing wall some 650 feet long on the axis of the current, the upper end of the
wall being entirely submerged and the top of the wall level, while the bed
of the river falls several feet in the length of the wall. The last 200 feet
of this wall will be built up to above the surface of the water. The water
flowing to the left of this wall will partly be diverted into the company'.-
wh^elptit and partly will flow over an obstructing wall or waste weir at the
downstream end of the training wall. The water flowing to the right will
be given a direction which will lead it directly towards the intake of the
Canadian Niagara Power Company. 1,200 feet distant.

Inasmuch a«s the walls proposed to be constructed are all west of a
straight line drawn from the east line of the Victoria Park to the intako
of the Canadian Niagara Power Company and are so aligned as to attract
The current shoreward rather than towards the centre of the river, I am of
the opinion that these works will not tend to divert the waters of the river
away from the intake of the Canadian Niagara Power Company.

Second. "The elevation of the surface of the water at the intake of the
Canadian Niagara Power Company will not be appreciably lowered by the
subtraction from the river of 11,200 cubic feet per second at a point 1,200
feet distant."

By the term "not appreciably" is mea.nt that the difference of elevation
of the water at the intake under the conditions of subtraction or non-sub-
traction of the specified amount of water could not be detected by the or-
dinary observer, and could only be determined by a long a«nd carefully con-
ducted series of observations. The conditions existing may be thus stated;
taking a straight line from the southerly shore of the river at the east limit
of Queen Victoria Park to the Canadian Niagara Power Company's intake, a
distance of about 3.700 feet, there is to the northeast of that line a bodv of

64 THE REPORT OF THE COMMISSIONERS No. 6

water 1,200 feet wide flowing towards the intake, and its surface ordinar-
ily falling in tlia-t distance about forty feet. On one side of this stream
there would be a body of comparatively still water between it and the river
bank, the fall and velocity being checked by training walls and obstruction
waJls. On the other side there would be a mass of swiftly flowing and tur-
bulent water moving in the same general direction. Ripples and rapids and
swirls, caused by irregularities in the river bottom, disturb the surface of
th-'se swiftly moving waters and cause surface cross-currents and fluctua-
tions of level, but the general mass of the stream we are considering moves
on towards the intake. On arriving at the intake the west side of this
stream encounters the river bank through which the intake is constructed,
while the east side of it reaches a precipitous gorge, the "brink of which
curves in across the stream and then down in its general direction for
about 1.000 feet, meeting there the west shore, which has curved around to
that point; down this gorge the whole mass of wa.ter is precipitated, form-
ing the Horse Shoe Fall.

At about 1,400 feet up stream from the line drawn from the intake to
the crest of the Horse Shoe, the Toronto & Niagara Falls Power Company
propose to ta.ke from the west side of this stream a volume of water amount-
ing to 11,200 cubic feet per second. At this point the water in the centre
of the channel is several feet higher than it is along the shore. The ab-
straction of 11,200 cubic feet per second will tend to lower the water level
close to the shore and the training wall erected on the west edge of the
stream. The lowering of the waiter at this point will tend to produce a
cross current in the stream setting towards the west shore, so as to equal-
ize the level of the water. The direction of the line of shortest descent in
the surface of the stream will be changed so that the surface current will
flow in a more northwesterly direction tha.n before to fill up the slight de-
pression in the surface causeid by the removal of the above named amount
of water on the west side of the stream. This action will continue along
down the stream until the level of the wa.ter surface near the shore is re-
stored to its original conditon. The distance within which this action may
take place is fully a. quarter of a mile, and at the point of intake of the Cana-
dian Niagara Power Company, where the energy of this whole mass of water
in the stream has been exerted in producing such a condition that the
water which comes down on one side of a trinagle is checked by another
side of the triangle and precipitated over a cascade on the third side of the
trinagle. The cross section of the area of the stream on the up stream side
of this triangle is adjusted by the action of the natura.l forces, so that all
the water that comes down must be precipitated over the fall.

The exact shape of the upper surface of this cross section varies with
the amount of water flowing in the stream, it fluctuates every day and every
hour, and it is impossible that such a slight variation as would occur from
the abstraction of a very small proportion of the volume of water flowing
down this stream at a point more than a quarter of n mile away can make
such a difference in the surface elevation of the water from crest of fall to
bank as to be appreciable by the senses.

All of, which is respectfully submitted.

(Signed) J. JAMES R. CROES.
New York, Dec. 22. 1002. Consulting Engineer.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 65

REJOINDER OF HUGH L. COOPER TO ARGUMENTS OF CANADIAN
NIAGARA POWER COMPANY'S ENGINEERS.

To the Premier of Ontario and the Members of the Cabinet :

On behalf of the applicants William Mackenzie, Henry M. Pellatt and
Frederic Nicholls, I beg to present the following answer to the memoran-
dum of objections embodied in the letter of Clemens Herschel and Cecil B.
Smith, under date of December 20th. all having to do with the grant of a
power site to the applicants at or near Tempest Point.

The first assertion that the Niagara River above and below Tempest
Point is a "series of rapids, ridges, channels, flat shoals, covered by a small
depth of water,'' is admitted. An examination of the site on the ground
absolutely demonstrates that the piling up effect at the intake of the Can-
adian Niagara Power Compa.ny and due to above admitted conditions, is
caused by water almost wholly entirely outside of the line A. B. shown on
our map.

The configuration of the banks of the Niagara River at Tempest Point
is such that the water striking its bank, whether works are built there or
not. do not add to the tendency of the river to pile up in front of the intake
of the Canadian Niagara Power Company because this shore is not parallel
to the shore below. The fact that there is this great natural tendency of
the waters of the Niagara River to pile up six feet higher than a level line
in front of the intake in question, is one of the strongest arguments why
the subtraction of 7 per cent, of the waters will be inappreciable. If the
water were level opposite the intake of the Ca.nadian Niagara Power Com-
pany, the subtraction of 11.200 cubic feet per second at the proposed intake
must affect the level to a greater extent than where, as the fact is in the
present case, the torrent behind is crowding the water against the bank and
in natural opposition to any reduction of level whatsoever. The works pro-
posed by the applicants do not in any sense tend to divert water from the
intake of the Canadian Niagara Power Company; on the contrary, the
drawing out of 11.200 cubic feet per second at Tempest Point will create a
tendency of the river to flow toward the river bank above the intake of the
Canadian Niagara Power Company, and this tendency will extend beyond
the limits of the line A B, and towards the centre of the stream, and be of
value to the contestants in this case, as explained by Mr. Croes. In view
of the above, and bearing always in mind that the proposed works do not
divert water, the claim that a subtraction of 7 per cent, of the water of the
river is going to result in the remaining 93 per cent seeking a new path
toward the centre of the Horse Shoe Falls cannot prevail.

Action of Ontario Power Company Coffer Dam.

Messrs. Herschel and Smith overlook the fact that this coffer dam of
the Ontario Power Company is a diverting dam in the fullest meaning of the
words, and that it diverts from its natural tendency more than twice the
amount of water than is involved in the ultimate necessities of both the
Ontario Power Company and the applicants' company, and thev overlook
the fa«ct that the diverting towards the centre of the river of 50.000 cubic
feet of water per second is a vastly different condition than the subtraction
of 25,000 cubic feet per second through works that are receiving and not
diverting.

5 N F.

66 THE REPORT OF THE COMMISSIONERS No. 6

It follows therefore that the admission by Messrs. Herschel and Smith
tha-t if the present effect of the coffer dam of the Ontario Company is only
a reduction of "2-3 of a foot" or 8 inches at their intake, this admission must
also carry with it the further admission that when natural conditions a«re
restored, and the Ontario company and the applicants' company should be
both in full commission, that the maximum effect at the intake of the Can-
adian Niagara Power Company could not be more than one-half of eight
inches, or four inches. In view of the foregoing it is not understood how
Messrs. Herschel and Smith can sign so impossible a statement that "ai
the intake of the Canadian Niagara Power Company the water level will be
permanently lowered by several feet."

General Denial.

Wo deny absolutely that any of the works proposed by the applicants
either of a permanent or temporary construction kind, can ever have any
appreciable effect upon the contestants' company, and our reasons there-
for are set forth a<bove. and in our original brief, and the statement that the
Canadian Niagara Power Compny will be by any of our works prevented
or hindeied from the completing of their plant for two years or any other
period, is not correct.

We deny for reasons previously set forth that the Canadian Niagara*
Power Company is in any sense called upon by engineering necessities to
protect itself from any conditions whatsoever, that may result by the grant-
ing of the petition of the applicants.

We deny that we can build works "by placing their power house bark
against the bluff." The reason we can't go "against the bluff" is because :
First, we could not get by the pipes of the Ontario Power Company, neither
under them, over them, nor behind them. Second, because this plan, even
if the Ontario Power Company were out of the way would involve a need-
less expense of from -1450.000 to $550,000, a.nd the plant when so built would
not be as useful as the one proposed by the applicants.

Arguments on Water Level.

The contention that "To lower the natural level of the Niagara River
one ineh would inflict serious damage," means that if it is a« fact, then the
works in question have been most seriously mis-designed.

The river level varies from day to day from 6 inches to 36 inches, in-
fluenced by the wind at the head of the river. This level may further vary
in the future by subtraction of further waters for a deep water way canal,
by the granting of further water power rights on the American side, by the
taking out of more water at Chicago for drainage or navigation purposes —
all or any of which probabilities will have in their consummation a much
grea-ter influence than one inch, and the sum of them might be 18 inches,
and if this plant has been designed up to so close a point that one ineh is a
factor on one side and the wind and the possibilities above mentioned on
the other, then we submit that the designers of this plant have been guilty
of oversights for which the Commissioners of the Victoria Park cannot be
held responsible. ' I \ ' i* '■ ' "■ ^"* T \

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 67

It must be remembered that the probabilities above referred to have
always existed, and before the filing of the application of the applicants.
It is here contended that in no way is it a« possibility for the Victoria Park
Commissioners to guarantee any particular level of the water at the intake
of the Canadian Niagara Power Company because of the volume of the in-
fluence outside of the jurisdiction of the Park Commissioners.

Wing Dam.

We deny the necessity of the proposed wing dam at the intake of the
Canadian Niagara. Power Company, and referred to in the legal submission
section D, for reasons plainly evident in the first brief filed by the writer.

If, however, the contestants under the dominion of the same kind of
advice that designs a plant on a margin of 1 inch where the total head in-
volved is 1,632 inches, desire to build a wing dam at the lower end of their
intake, such wing dam can be built without "hurt" to the affiliated company,
the International Eiver Railway Company, but the suggestion that the ex-
pense of this useless undertaking should be ever brought to the attention
of the applicants should not prevail.

Ice.

We deny that the works we propose add to the ice quantities that are
to be contended with by the contestants. First, because the area* to be oc-
cupied by the proposed plant is so situated that even with the works not
built the tendency of the river at that point is to pile up the ice on and to-
ward the receiving bank at Tempest Point, and a«ll such ice must pass close
to the intake of the Canadian Niagara Power Company. The plan shows
tha-t, and an examination of the site shows the same thing; therefore, we do
not increase the ice that would otherwise come, because the ice so thrown
against Tempest Point would have to travel on toward the intake in ques-
tion. Second, our first discharging weir or chute for ice, discharges away
from the ba-nk, not towards the bank, and the action of our works will be
to relieve the contestants of ice instead of to oppress them.

Section 11.

Messrs. Herschel and Smith assert that in their respective experiences
they have never known of changes in level not being objected to. This is
no argument, because conditions parallel to those here existing, do not
exist elsewhere even in an approximate degree. Section 11 says, if the
supply of water is by any means reduced, the Canadian Niagara Power
Company may deepen. This statement compels the admission that a re-
duction in level is contemplated and provided for, as otherwise you could
not reduce the quantity without artificially choking up the intake with added
works therein, a condition impossible in these premises.

We are shown exhibit "A" and a.s to this my brief already filed dealing
with Mr. Herschel's second suggestion that the applicants should build
across the tracks, shows conclusively why any instalment which does not
include a gathering dam must be valueless, a-nd no experienced hydranlio
engineer could properly approve of the plan marked exhibit "A" and signed

68 THE REPORT OF THE COMMISSIONERS No. 6

by Mr. Smith. Furthermore, even if there were no hydraulic objections to
this plan "A" it could not be made available because the properly ap-
proved plans of the Ontario Power Company show their steel conduits pass-
ing through the centre of forebav and power house of the works shown on
exhibit "A."

No reason is offered by the Canadian Niagara Power Company for the
original preparation and filing of this plan.

Conclusion.

We submit the foregoing brief reply feeling assured that the first
briefs filed by Mr. Croes and the writer themselves constitute a general ans-
wer to the brief in question. We are gratified in the knowledge that the
various engineering problems which are the points at issue in this case, will
receive at your hands a full and impartial judgment, and we beg to assure
you of our belief that the most critical examination of the facts in this
case will result in the granting of the petition we have filed.

All of which is respectfully submitted.

(Signed) HUGH L. COOPER.

1903 OF QUEEN VICTORIA NIAGARA. FALLS PARK. 69

LETTER OF COUNSEL FOR CANADIAN NIAGARA POWER COMPANY.

Toronto, December 29th, 1902.

Hon. G. W. Ross, Parliament Buildings, Toronto:

Applica-tion of the Toronto and Niagara Power Company.

Dear Sir, — Herewith we beg to send you (a) memorandum of objec-
tions by the engineeis and ib) memorandum presented upon behalf of the
Canadian Niagara Power Compa-ny, as a supplement to that of its engineers.

On the 27th inst. we wrote to Mr. Macrae, solicitor of the applicants,
the letter of which we enclose a copy, and to-day we received a letter from
Mr. Macrae refusing to comply with our request.

As we have not been given an opportunity to read the report of the
engineer? of the applicants or the argument presented upon behalf of the
applicants, we are obviously at a disadvantage in replying thereto, and we
therefore beg to say that, if anything contained in the papers submitted
upon behalf of the applicants is not renlied to in our memorandum we
shall be happy to deal with such point upon being a<d vised by you that you
desire a reply thereto.

Certainly, we must not be held to concur in any statement in the appli-
cants' papers which we have been refused an opportunity to consider.

Respectfully yours,

(Signed) WALTER NESBITT
A. MONRO GRIER

Enclosed. of counsel for the Canadian Niagara Power Company.

27th December, 1902.

(Copy.)

H. H. Macrae, Esq., Barrister, etc., Toronto, Ont.:

My Dear Mr. Macrae,— I have communicated with Mr. Nesbitt and he
informs me that the Premier has intimated to him that the engineering ar-
gument upon behalf of the applicants should be put in, so that our engineers
may be able to frame their rejoinder, and in like manner that such re-
joinder should be put in so tha-t it may be answered by your engineers.

In order that a course in keeping with the above may be followed, per-
haps you will kindly let me have the memorandum or argument by Mr.
Croes and Mr. Cooper in order! that I may be in a position to send to you
the rejoinder of Mr. Hersehel and Mr. Smith. If you so desire I ca-n ask
the railway company to send you. at the same time, the argument of their
engineers.

Wishing you the compliments of the season,

Yours faithfully,

"MONRO GRIER," Secretary.
Niagara Fa-lls, Ont., Dec. 29th, 1902.

70 THE REPORT OF THE COMMISSIONERS No. 6

OPINION OF CANADIAN NIAGARA POWER COMPANY'S

ENGINEERS.

Th ■ Canadian Niagara Power Company, Niagara Falls, Ont.:

Gentleman, — We beg to present the following memorandum of objec-
tions to the plans of the Toronto and Nia-gara Power Company, as shown
on a traeing presented by the Commissioners of the Queen Victoria Niagara
Falls Park, De ember 19th, 1902, at a hearing by the Government of On-
tario, held at the Parliament Buildings in Toronto on that day.

The Nia.gara River at Tempest Point, in the Park as well as both up
stream and down stream therefrom, is a series of rapids, low water falls,
ridges, channe's, flat sho.ils covered by a small depth of water, and ledges
of rock, making a« stretch of river totally unlike an ordinary length of river
in its formation as a channel for water, and subject to effects from dis-
turbances placed in it totally unlike those that by the same causes would
be produced in the ordinary river.

The configuration of the river is such that the water near the shore
where the applicants' power house is proposed is some eight or nine feet
lower than the water in the river 700 or 800 feet distant therefrom, and at
right angles to the shore line. This inequality in the level of the waiter
caused by the existence of rock ledges in the river creates a unique rush of
water towards the Canadian shore a<t the intake of the Canadian Niagara
Powe ■ Company, the result being that the water at that point is some 5 or
6 feet higher tha.n it is in the centre of the river above the Horse Shte
Falls. Should a still-water basin be constructed in the river at the point
shown on the plans filed, the level of which would be as high as or higher
than that of the w r ater in the centre of the river, the result would be that
the main flow of the river would direct itself towa.rds the centre of the
Horse Shoe Falls, lowering the water in front of the Canadian Niagara
Power Company's intake by several feet — exactly how much it is impos-
sible to calculate — but in our opinion it would be at least 3 or 4 feet. Ex-
perience has amply shown these effects may be looked for.

At Tempest Point the water level is now. since the cribs were put in
the river, 1,800 feet up stream from Tempest Point, about 2 feet lower than
it was during the same stages of the river before the said eribs were put in
by the Ontario Power Company.

At the inta«ke of the Canadian Niagara Power Company, 1,400 feet down
stream from Tempest Point, this same lowering of the water by the said
cribs, which are over half a mile up stream from the intake, has amounted
to about two-thirds of a foot.

Under the circumstances the proposed permanent structures of the
applicants' in our opinion will cause the water level of the river at the in-
take of the Canadian Niagara Power Company to be permanently lowered
by several feet, and any coffer dam to be built by the applicants will lower
th* river w T ater levels still more at the intake of the Ca.nadian Niagara
Power Company and thus totallv prevent the operation of the company's
works while the coffer dam stands. That is. for a period of very likely two
vears.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 71

The Canadian Niagara Power Company cannot now protect itself
against effects from either the temporary or permanent works proposed,
the works of the Canadian Niagara Power Company are built or contracted
for to fit the natural wa.ter levels of the Niagara River; artificial interfer-
ences with these water levels could not have been foretold either in extent
or in form. Their extent could not have been anticipated or prophesied
or estimated, nor could the works to be built have been fitted to the water
levels of futurity, and this cannot be done even to-day.

The most tha*t could now be done would be for the Government or the
applicants to build wing dams out into the river from a point down stream
from the intake of the Canadian Niagara Power Company, a<nd thus restore
th° river water level to its natural state.

The applicants can build works of the same class as those building by
the Canadian Niagara Power Company without changing the natural levels
in the Niagara River, by planing their power house back against the bluff
opposite Tempest Point prallel to the river shore and about the same dis-
tance from the river shore as is the power house of the Canadian Niagara
Power Company.

The sensitiveness of hydraulic works to a change of water levels is no
new thing. The present case is wholly of this sort. a<nd is not one of a
slight diminution of head to act on the wheels or of a slight diminution of
th Q total volume of water passing down the river. It is, to state it again,
a case where owing to the configuration of the river bed even distant struc-
tures produce unusualy great changes in water levels along the shore, and
thus inflict great damage to works already planned and built.

To lower the natural level of the Niagara River one inch would inflict
serious damage on the operation of the works of the Canadian Niagara
Power Company, and the lowering of such level by a foot or more would
so affect the operation of that company's works that the wing dam a<bove
referred to would become an absolute necessity.

During the terms of our respective experiences in water power construc-
tion we have never known a case where an attempt to change the natural
water levels of a stream in any such manner as here has been suggested
has been allowed against the protest of others having rights in the premises.

A harmful effect of the applicants' works will be the taking of ice from
the river, which otherwise would pass on down stream and outside of the
intake of the Canadian Nia.gara Power Company and the throwing of it
again into the river along the shore, and in the line of the Canadian Niagara
Power Company's intake, but if the applicants' works are built inland as
suggested above the applicants can run their ice into their channel as is
now done in other plants.

Section 11 of an agreement between the Commissioners and the Can-
adian Niagara Power Company has been alluded to. This section treats
of remedies against a< diminution of the supply of water at the point of
intake and not with lowering of the water level of the river. The remedy
op n to the Canadian Niagara Power Company under this section is a
"deepening at said point of intake," a course that would not remedy the

72 THE REPORT OF THE COMMISSIONERS No. 6

artificial!} 7 produced water levels in the river in the slightest though pos-
sibly affect in helping to restore the volume of water. The remedy contem-
plated by the section, therefore, is of no avail against the injury which the
"^orks of tlie applicants as a-t present proposed would inflict.

Respectfully submitted.

(Signed) CLEMENS HERSCHEL,

Consulting Hydraulic Engineer.

i Signed) CECIL B. SMITH,

*"" Resident Engineer.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 73

BE APPLICATION OF THE TORONTO & NIAGARA POWER CO.

Memorandum piesented upon behalf of the Canadian Niagara Power Co.

A.

1. This matter comes before the Government a.s an entirely open mat-
ter. The Commissioners always maintain that, as a body, they do not pass
upon expert engineering; questions. Now that the Commissioners have
learned that the gentlemen, whose judgment they relied upon, represents
the applicants — one of the parties to the present controversy — they will re-
tire as of course from the position that the point at issue is concluded so
far as they are concerned. It is not the practice of our tribunals to base
a judgment upon the ex parte statements of one side in a contestation. The
matter is therefore an open one.

2. The Canadian Niagara Power Company is not seeking to prevent the
Toronto and Niagara Power Company from getting the right to develop
power or, in other words, to prevent competition, but it is seeking to pro-
tect itself from physical damage.

B.

1. The Canadian Niagara Power Company obtained its charter in 1892.
It has paid in rentals, up to date, the sum of $215,000. It ha<s obeyed con-
sistently the Commisioners' directions as to its works, whether in respect
of location or otherwise, and is in its present position of vulnerability with
reference to physical hurt by reason of such obedience.

2. In law, the Commissioners are in a fiduciary position towards the
Canadian Niagara Power Company, and in law and in equity that companv
looks to them and also to the Government to see that it is protected.

Apart from the provisions of section 11 of the agreement of 15th July,
1899 (which section wil be dealt with below), the Commissioners are in duty
bound to see that they do not impair the value of their grant to the Cana-
dian Niagara Power Company. The like duty rests upon the Government.

3. Therefore if to grant the present request would hurt physically the
development of the Canadian Niagara Power Company the request must be
refused.

4. If it be said that it is impossible to demonstrate that the proposed
development would or would not hurt physically the development of the
Canadian Niagara Power Company, the duty of the Commissioners and the
Government is clear. Reputable experts for the Canadian Niagara Power
Company assert so strongly that hurt would follow that a reasonable doubt
must be held to exist a«nd any reasonable doubt must be resolved in favor
of the Canadian Niagara Power Company.

This is not the case of a controversy between two parties as to the
construction of r ; ghts already gi anted, but it is an application upon the
part of one seeking for privileges which (upon the assumption of there be-
ing a doubt) may or may not do injury to another, who has received cer-
tain rights, for which he has duly paid. It is not a case where the question

74 THE REPORT OF THE COMMISSIONERS No. 6

■can be tested physically, because if the view of the party who has paid for
and has received the rights is correct, the granting of the privileges asked
for by the one who has no rights, up to the present, would irremedially
dimage the party who has paid for and has already received rights in the
premises.

5. The proposition contained in the next preceding paragraph would be
s<»und, even if alternative methods were not open to the applicants, but in
view of the fact that at least one alternative method of development is
open to the applicants, the plea of the Canadian Niagara Power Company
must be listened to by any tribunal, which desires to deal justly between
the parties. The Canadian Niagara Power Company not only points to an
alternative method of development, but hands to the Government and the
Commissioners a plan (exhibit "A" to this memorandum), which has been in
existence in the exact condition in which it is at present, ever since the
month of July, 1902. If the Canadian Niagara Power Company were to
start to develop to-day near the proposed site of the works of the appli-
cants, the method of development to be followed would be that indicated in
the attached plan, which was made without reference to any possible ap-
plication by the Toronto and Niagara Power Company and at a time when
it was confidently thought that the applicants, instead of developing power
themselves, would take power from the Canadian Niagara Power Company.
No better evidence of the good faith of the Canadian Niagara Power Com-
pany, in the suggestion of an alternative method, could, by any possibility,
be obtained.

6. To sum up, it is abundantly clear, tha.t the present application should
not be granted, but that the Toronto and Niagara Power Company should
be asked to develop along lines which would not hurt physically the develop-
ment of the Canadian Niagara Power Company, which is already in an ad-
vanced stage, and upon which larsre sums have been spent and still larger
sums contracted to be spent, in reliance upon the good faith of the Govern-
ment of Ontario and the Commissioners of the Queen Victoria Niagara
Falls Park.

C.

Keference has been had to section 11 of the agreement of 15th July,
1899, which reads as follows :

"11. It is further agreed that if from any cause the supply of water at
the point of intake as by these presents defined be diminished, the com-
p my shall have no claim or right of action against the Commissioners, but
may deepen such point of intake to such extent as to restore the supply of
water to the volume or quantity necessary for the purpose of the company,
and that the granting or licensing of rights to the company by these pre-
sents o;- the agreement of the seventh day of April. 1892, as hereby extend-
ed, shall not give the company any right of action against the Commis-
sioners, nor give to the company any right of action against other licensees
or grantees of the Commissioners in respect of any diminution not substan-
tially interfering with the supply necessary for the company, nor so long
as such necessary supply can be obtained by means of deepening at said
points of intake."

1. Ais pointed out more fully below this section does not relate at all
to such a hurt as is complained of by the Canadian Niagara Power Com-
pany, namely, a lowering of the water level, but assuming for the moment
that it docs relate to such a hurt the following consideration is pointed out:

1902 OF, QUEEN VICTORIA NIAGARA FALLS PARK. 75

If the section is not wide enough to protect the Canadian Niagara
Power Company, in case its intake is in fact interfered with, then the Gov-
ernment and the Commissioners in the carrying out of the trust reposed in
them in respect of the Canadian Niagara Power Company as a purchaser
of rights from them, are bound to see that no rights are granted which
are calculated to interfere with the supply necessary for the Canadian Niag-
ara Power Company since (upon the hypothesis of this present paragraph)
the Canadian Niagara Power Company would have no recourse, in the event
of hurt being suffered. In other words, the more it is insisted upon that
the Canadian Niagara Power Company is not given any remedy for dam-
age inadvertently caused to it, the more emphatically does it become the
duty of the Government and Commissioners to protect the Canadian Ni-
agara Power Company in advance by refusing to grant privileges which
might hurt its development.

2. The above section 11 does not relate to a lowering of the water level,
which is the hurt complained of by the Engineer of the Canadian Niagara
Power Company. The hurt contemplated by the section is merely a diminu-
tion in the volume or quantity of the supply. This is not objectionable if the
water is not taken by obstructions placed in the river which substantially
lower the water level. The language of the section when dealing with the
hurt itself makes this point clear. It is made still clearer when we turn to
the remedy suggested : "deepening at said point of intake". That remedy
might b ■ effectual to restore the volume of water but ha«s nothing to do with
the restoration of the water level. The water level changed to the detri-
ment of the Canadian Niagara Power Company would remain so changed,
and the harm done to the "Canadian Niagara Power Company would remain
unredressed.

Referring to that portion of the Engineers' memorandum which deals
with the question of remedy it is obvious that if the applicants are permit-
ted by the Government to erect the proposed works in spite of the protest
of the Canadian Niagara Power Company the construction of a wing dam at a
point down stream from the intake of the Canadian Niagara Power Company
must form a portion of the works to be constructed by the applicants and
th<at the Canadian Niagara Power Company must be indemnified by the appli-
cants against any claim for damages suffered by the International Railway
Company or others by reason of the construction of such wing dam.

(Signed) WALLACE NESBITT,
A. MORNO GRIER.

Of Counsel for Canadian Niagara Power Company.

29th December, 1002.

76 THE REPORT OF THE COMMISSIONERS No. 6

Niagara FaJls, Ont., January 5th, 1903.
The Honorable Geo. W. Ross, Parliament Buildings, Toronto.

Dear Sir, — We have now the honor to present to you a memorandum con-
taining the observations of our Engineers by way of reply to the briefs of the
Engineers of the applicants.

In submitting this memorandum, permit us to point out that the briefs
presented upon behalf of the applicants, so far from lessening our fears for
the safety and well-being of our works have served to iiicrea.se them.

We beg to emphasize the fact that, in the deplorable event, of the request
of the applicants being granted, there will arise the necessity to endeavor
to protect our development, and we sha-11 desire to lay before you the safe-
guards which in addition to those adverted to by our Engineers, would be
necessary in such effort to protect our works.

It has been stated that the Government purpose invoking the aid of
independent experts. If such a statement is correct, we wish to say that
our Engineers a-re entirely at the service of the Government and their
experts, to furnish plans or information or to aid in any other way which
may be desired.

We have the honor to be,

Your obedient servapts,

CANADIAN NIAGARA POWER COMPANY.

(Signed) W. H. BE ATT Y,

(Signed) W. B. RANKINE,

Vice-President.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 77

REJOINDER OF ENGINEERS OF CANADIAN NIAGARA POWER

COMPANY TO ARGUMENTS OF ENGINEERS FOR

THE APPLICANTS.

Niagara Falls, Ont., January 3rd, 1903.

Canadian Niagara Power Company, Niagara Falls, Ontario :

Gentlemen, — Since sending to you our report of December 29th, 1902, ■
containing our objections to the plans of The Toronto & Niagara Power
Company, we have been allowed an opportunity to read the briefs of Messrs.
J. James R. Croes and Hugh L. Cooper, Consulting Engineers of the appli-
cants, and we beg to submit respectfully, for transmission to the Premier, the
following observations by way of reply :

1. We call attention to the fact that the illustrations and arguments
in the briefs of Messrs. Croes and Cooper are based upon theories in regard
to the Niagara River which, however applicable to streams of ordinary char-
acter, do not apply to this river at the points under consideration. At these
points, this river is not an ordinary stream-flow channel, one permitting the
free interchange of water and a full and complete re-adjustment of water
levels throughout its length and breadth. For this reason their illustra-
tions and arguments should be disregarded.

(a) Personal observation and actual experiment show the error of the
statements that the water now flows directly towards the intake of the Can-
adian Nia-gara Power Company and that it will be drawn in that direction
by the proposed wing dam of the applicants. One of the statements of Mr.
Croes in this regard is correct — "That the direction of the current which
shapes the shore of this. . . .river is parallel to the general shore line," and
that the deflection which is apparent is in the direction of the Horse-
shoe Fall." During the construction of the Ontario Power Company's
cofferdam, a section of crib, which broke away and floated downstream, was
carried over the Horseshoe Fall near the centre, without approaching the
intake of the Canadian Niagara Power Company. This result demonstrates
the incorrectness of the statement in Mr. Croes' report that "observation
shows the course of the current to be directly towards the intake of the
Canaditn Niagara Power Company." and justifies his other statement that
the current is in the direction of the centre of the Horseshoe Fall.

(b) A calculation which must be disregarded is that of Mr. Cooper when
he speaks of "what the effect would be at the intake of the Canadian Nia-
gara Power Company bv the subtraction of 11.200 cubic feet of water per
second based upon standard hydraulic engineering formulae." It is evident
that a "standard hydraulic" formula cannot be applied properly to a length
of river so unlike a "standard hydraulic" river as the rapids and series of
cataracts here under examination. For instance, assume a ridge of rock
parallel to the shore and distant 250 feet from it and an average depth of
water between it and the shore of five feet — a not inapt or unfair descrip-
tion of the existing conditions — and we have the subtraction of 11,200 cubic
feet per second exhausting the whole flow of the river between the ridge and
the shore.

(c) The computation following the statement that the Engineers of the
War Department of the United States ha.ve reported the minimum dis-
charge of the Niagara River to be in the vicinity of 167,000 cubic feet per
second, leads to another erroneous conclusion; the rules formulated by the

78 THE REPORT OF THE COMMISSIONERS No. 6

United States' Engineers having been based upon observations made at the
deep water portion of the river under the International Bridge near Buf-
falo, and not at points where the discharge of the river is in the form of
turbulent rapids.

id) Another erroneous conclusion is the one based upon the assumption
that "at the Canadian Niagara Power Company's intake the average depth
of water is 96 inches," because the river between Goat Island and the Can-
ada shore is composed of a number of channels and shoals and rapids, and
the average of their aggregate cross-section has no such bearing or weight
as ha«s been given to it in the briefs and, even if accurately guessed at, is of
no use whatsoever in the present examination.

2. In the arguments of Messrs. Croes and Cooper, it is suggested that
the effect of the proposed works will be to lessen rather than to increase what-
ever deflection of the current towards the centre of the river may exist at
the present time. Obviously, the proposed construction, by means of the
piling up of the water inside the intake, will create a marked deflection
towards the centre of the river. The absolute disregard by Messrs. Croes
and Cooper of any consideration of this piling up of the water destroys the
validity of their conclusion on this point. A notable instance of this dis-
regard is to be found in Mr. Croes' statement that the "abstraction of
11,200 cubic feet per second will tend to lower the water level close to the
store." TMs entirely ignores the fact that the wing da.ni to be constructed
is designed to raise the level of the water some twelve feet at the down-
stream end, so that there will be no lowering by any such abstraction of
water as is referred to.

3. Messrs. Crocs and Cooper have omitted apparently any consideration
of the injurious effect upon intakes of water downstream from the proposed
works of their company by reason of the temporary cofferdams to be con-
structed by the applicants for the purpose of building their permanent works.

4. Messrs. Croes and Cooper assert that the intake of the Canadian
Niagara Power Company is a. good intake in itself and better than the intakes
of other power developments elsewhere in respect of the limited range of head
water levels. It is true that these works have been built with proper pro-
vision for the normal range of variation on this river, but not with a view
to the allowance above the intake of structures in the river which produce
still water pond effects and totally disturb and derange the natural condi-
tions. The comparison should be with all regulated power plants where,
by means of head gates, the water levels in the canal are so controlled that in
the operation of the plant the head water level is not a.llowed to vary over
one inch.

5. The evil resulting from the diversion of water by the proposed
obstructions of the applicants is an evil which is calculated to increase
rather than to diminish as time goes on. This calculation is based upon the fact
that the breaking away of the Falls at or about their centre is tending con-
stantly to deepen the channel thereabouts, the deepening of which increases
the d ffhuPy of biinging water back to the shore line when once it has been
diverted into the centre channel.

We confirm, therefore, the view? expressed in our report to you of 29th
Decembf r, and advise you. in the interests of your investment and the opera-
tion of your plant, to resist to the utmost the granting of the right to con-
struct the applicants' works as at present designed.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 71'

If, in spite of the very grave and serious objections which ha«ve been
pointed out, the request of the applicants should be granted, we feel it our
duty to impress upon you the absolute necessity of insisting upon the con-
struction for your company of the wing dam indicated in our former report.
for the purpose of lessening, so far as may be, the dama.ge which is certain
to be done to your water levels and to your whole plant and property by the
construction of the projected works of the applicants.

Respectfully submitted,

(Signed) CLEMENS HERSCHEL,

Consulting Hydraulic Engineer,
M. Inst. C.E. M. Sm. Soc. C.E.

(Signed) CECIL B. SMITH,

Resident Engineer,
Ma E. M. Can. Soc. C.E.

80 THE REPORT OF THE COMMISSIONERS No. 6

ARGUMENTS AND OPINIONS SUBMITTED BY THE INTERNATIONAL

RAILWAY CO.

Toronto, January 5th, 1903.

Hon. G. W. Ross, Parliament Buildings, Toronto.

Dear Sir. — I have the honor to submit the report of Mr. John Kennedv
and Mr. P. A. Peterson, of Montreal, who have been retained by the Interna-
tional Railway to give their opinion as to whether the proposed works of the
Toronto & Nia.gara Power Company will lower the level of the river at the
point where the railway company takes water.

In submitting this report I call attention to the following statement
f-ontained in the memorandum of the Engineers of the Canadian Niagara
Power Company dated 29th December, 1902 :

"To lower the natural level of the Niagara River one inch would inflict
serious damage on the operation of the works of the Canadian Niagara Power
Company, and the lowering of such level by a foot or more would so affect
the operation of that company's works that the wing dam above referred
to would become an absolute necessity."

Any lowering of the water level at the intake of the Canadian Niagara
Power Company will affect injuriously to an intensified degree the intake of
the railway company as users of the water at a point downstream from the
intake of the Canadian Niagara Power Company, and everyone can appreciate
how serious a< matter the lowering of the water level at the intake of the rail-
way company to the extent of six inches would be, when it is borne in mind
that the "head" of that company is only, say, one-third of that of the Can-
adian Niagara Power Company.

The Interntional Railway Company adopts, mutatis mutandis, the obser-
vations and conclusions contained in the several memoranda presented up to
this date upon behalf of the Canadian Niagara Power Company.

Should the Government override the objections which are raised and
allow the application, this company desires to have then the opportunity to
point out the protection which in its judgment would be absolutely neces-
sary to mitigate, if possible, the harm done to it.

Yours faithfully,

(Signed) THOS. GIBBS r*LA<7TvSTOCK,
Of Counsel for The International Railwav Co.

Montreal, Que.. January 2nd, 1903.

To The International Railway Company, Niagara Falls. Ont.:

Messrs. — We are desired by you to give a.n opinion as to whether or not
the works proposed to be built by the Toronto and Niagara Falls Power
Company for taking water from the Canadian side of the Niagara River a
short distance above the Niagara Falls, will lower the level of the river at the
points where the Internationa] Railway Company now takes wa<ter from the
river for developing power, and where the Canadian Niagara Power Com-
pany is now making a headrace to take water for developing power at its
adjoining works under construction.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 81

We understand from plans and information furnished us by your repre-
sentatives : —

1. The Toronto and Niagara Power Company (hereinafter called
the Toronto Company) proposes to draw water from the Niagara River at
Tempest Point about 2,400 feet a.bove the brink of the Falls, to the extent
of about 11,200 cubic feet per second.

2. That the Toronto Company proposes to take the water from the river
by means of a wing dam which will be built out from shore just below Tem-
pest Point, a distance of about 400 feet, and thence upstream in the direc-
tion of the outer eud of the Ontario Power Company's new cofferdam, a dis-
tance of about 650 feet, where it will terminate at a dista-nce of about 600
feet from the adjncent shore line. It is proposed that the upper half of the
wing dam would be of such height as to hold the water in the space
enclosed by it at about 13 feet above its present natural level, and that the
lower half of the dam is to be a«bout two feet lower so as to allow an over-
flow of water and sufficient to carry away the floating ice which may enter
at the upper end of the dam.

3. At the lower end of the space enclosed by the wing dam and about
the present shore line, the Toronto Company proposes to place its power
house, and to supply it with water caught by the wing dam.

4. The lower end of the Toronto Company's proposed wing dam will be
about 1,250 feet distant from the centre of the headrace being constructed
by the Canadian Niagara Power Company (hereinafter called the Niagara
Company) and about 2.300 feet from the headrace of the International Rail-
way Company (hereafter called the Railwa<y Company.)

We have examined the shore line, and strength and direction of the cur-
rents of the rapids in the vicinity of the works in question, and the effects of
ihe Ontario Power Company's temporary dam already built about 2,200 feet
above Tempest Point, and after carefully considering the whole question we
aie of opinion that the effect of the proposed wing dam of the Toronto Com-
pany would be to lower the surface of the river about a foot at the intake
being constructed by the Niagara Company, and about half as much at the
existing intake of the Railway Company.

Yours respectfully,

(Signed) JOHN KENNEDY. M. Inst. C.E.
(Signed) P. A. PETERSON, M. Inst. C.E.

6 n. F.

82 THE REPORT OF THE COMMISSIONERS No. <5

REPLY OF HUGH L. COOPER TO RAILWAY COMPANY'S ENGINEERS
J. W. Langmuir, Esq., Chairman of the Commissioners,
Queen Victoria Niagara Falls Park.

Dear Sir, — I have read the report of Messrs. Kennedy a«nd Peterson on
behalf of the International Railway and dated January 2nd, 1903, iwid
enclosed to you by Mr. T. G. Blackstock, counsel for that company.

This report conta-ins no new engineering feature and the statement
therein regarding the level being changed "about a foot" has been answered
in previous briefs. I beg to remind the Commissioners that although it is
proved in my brief that this reduction in level cannot be greater than three
and a half inches we based our arguments on a supposed reduction of seven
inches and demonstrated that such a difference was inappreciable in results.
The alove seven inches a«nd the "about one foot" of Messrs. Kennedy and
Peterson contain no differences that can be used as a basis of an argument.
This report says the reduction of level in front of the International Railway
Company's intake will be about six inches. We deny that this will be six
inches and assert tha-t while it may be as much as two inches, that any
reduction such as contemplated by the building of the applicants' works
should have be< n anticipated in the designing of the Railway Company's
woiks. This principle and the reasons therefor aie both fully set down in
former briefs and need not be here repeated.

Respectfully submitted,

(Signed) HUGH L. COOPER.

Toronto, Januarv 7th, 1903.

1£M>2 OF QUEEN VICTORIA NIAGARA FALLS PARK. 83

LETTER OF PARK SUPERINTENDENT SUBMITTING ARGUMENTS
FOR CONSIDERATION OF EXPERT ENGINEERS.

Niagara Falls, January 7th, 1903.

Isham Randolph, Esq., C.E., Chief Engineer, Sanitary District of Chicago,
Chicago, 111.

Dear Sir,— I am directed by the Chairman of Commisisoners for the
Queen Victoria Niagara Falls Park to submit to you the following opinions
and memoranda in respect to an application made by Messrs. Mackenzie, Pel-
latt and Nicholls, of Toronto, for a water power privilege on the Niagara
River near Tern] est Point within the Park, viz.

(1) fa) Application of Messrs. Mackenzie. Pellatt and Nicholls, together
with plans submitted by them.

ib) The written statement made by Messrs. Robinson and Macrae and
their Hydraulic Engineers. Messrs. Cooper and Croes.

(c) The rejoinder of Mr. Hugh L. Cooper to the written statement of
the Solicitors and Engineers of the Canadian Niagara Power Company.

(2) (a) The written statements of the Solicitors and Engineers of the
Canadian Nia#a«ra Power Company and the plan accompanying the same.

(b) Their rejoinder to the written statements of the Solicitors and
Engineers of the applicants.

C3) (a) The written statements of the Officials and Hydraulic Engineers
(Messrs. Kennedy and Peterson) of the International Railway Company.

(b) The rejoinder of Mr. Hugh L. Cooper thereto.

And to request that you will examine into the several questions invol-
ved, and furnish the Chairman with your views in respect to the engineering
features which are referred to at the earliest moment consistent with a
proper investigation.

The principal questions at issue are :

(a) Will the works projected by the applicants. Messrs. Mackenzie, Pel-
latt and Nicholls, tend to divert the waiters of the river from the intakes of
the Canadian Niagara Power Company and the International Railway Com-
pany ?

(b) To what extent, if any, will the withdrawal of the amount of water
proposed, viz.. 11,200 cubic feet per second, lower the water surface at the
intakes of these two compa-nies ?

You will also be good enough to furnish the Chairman with any obser-
vations you may deem essential to the consideration of the subject by the
Commissioners and the Government.

I am, sir, yours very truly, F" 1

(Signed) JAMES WILSON, Superintendent.

Note. A duplicate of this letter was sent to Robt. C. Douglas, C.E.,
Hydraulic Engineer, Department of Railwa.y and Canals, Ottawa. J.W.

84 THE REPORT OF THE COMMISSIONERS No. 6

REPORT OF ISHAM RANDOLPH, C.E.

Chicago, January 12, 1903.
Hon. J. W. Langmuir, Chairman Queen Victoria Park Commission,
Toronto, Canada :

Dear Sir, — In compliance with the request contained in yours of Dec.
30, 1902, I left Chicago on Monday evening the 5th inst. for Niagara, where
I arrived at the office of your Commission on the morning of the 6th. Mr.
Wilson at once proceeded to place in my hands such data as he had, and to
procure, for the jo nt use of Mr. Robert Douglas and myself, as far as lay
in his power, such additional data, as we deemed essential to a proper under-
standing of the grave questions submitted to us. He was able to secure
the services of the engineers employed by the Ontario Power Co., and the
Canadian Nia.gara Power Company, respectively, to note and determine
instrumentally the courses taken by certain barrels, nine in number, which he
caused to be cast off, three from the end of the Ontario Power Company's
cofferdam and six above the rapids. These barrel floats we watched with par-
ticular interest, as they afforded the only a-pproximate idea, from actual obser-
vation, of the courses of the currents through the rapids. These observa-
tions and data derived from published reports of the flow measurements of
the Niagara River made by the United States engineers, which gave corres-
ponding stages of La-ke Erie. The report of the New York Niagara Park
Commissioners for the year 1894; information derived from the engineers of
the American Niagara Falls Power Company, The Canadian Niagara Falls
Power Company; and the Ontario Power Company, coupled with visual obser-
vations t k j n from every available point of vantage overlooking the reach
of the river involved in the controversy now pending, relative to the plans of
the Toronto & Niagara Falls Power Company cover all of the knowledge
that I have been a-ble to avail myself of in reaching the conclusions at which
I havp a-rrived. It seems entirely proper for me to state here that I have never
before been called up m to reach conclusions :i such grave engineering ques-
tions upon so meagre a basis of fact. To start out with the question the vol-
ume of flow in the Niagara River seems conclusively settled by the work of
ih" engineers of the United States Engineer Corps, for that reach of the river
between the International Bridge and the mouth of the Chippewa River; the
increment from which river being unknown, is not considered in what is
hereafter said about volumes of flow. Wo find in the report of the Secret a iy
of War for 1900, on page 5360, that the lowest lake level was 570.25 on Nov-
ember 23. 1899, and the corresponding discharge was 165,340 cubi<-. feet per
second. That the highest lake level was 573.12, on June 29, 1900, with
a corresponding discharge of 231,350 cubic feet per second, and on
l ago 5,361. the mean lake level is given as 572.86, and the
discharge as 222.400 culic fe?t per second. From the eleventh Annual
Report (1894) of the Commisisoners of the New York Niagara Park Reser-
vation, I learned th't the capacity of the Ajmerican Niagara Falls Power-
Company's tunnel is 516,000 cubic feet per minute (8600 cubic feet per second).
that the Niagara Falls Hydraulic Company's open channel then had a flow-
age capacity of 231,000 cubic feet per minute (3,850 cubio feet per second),
and that it was being enlarged to accommodate a flow of 462,000 cubic feet per
minut ■ (7,700 cubic feet per second). This report claims for the American
channel, east of Goat Island, 20 to 25 per cent, of the total discharge of the
river. As asrainst this last claim, Mr. Wilson gives as his judgment, that
the channel in question curies but 10 per rent, of the total flow. I incline

1902 OF QUEEN VICTORIA NIAGARA. FALLS PARK. 85

to Mr. Wilson's belief, but for use in this discussion shall use 15 per cent,
as the quota for the American Channel. It also seems proper to use the
minimum volume of discharge for our computations. This minimum volume
being 165,340 cubic feet, we shall have, after making deduction for the Ameri-
ca^ Channel, 24.800 cubic feet, for the American Niaga.ra Falls Power Com-
pany, 8.600 cubic feet; for the Niagara Falls Hydraulic Company, 7,700 cubic
feei ; aggregating 41.100 cubic feet, available for the Canadian Channel
124,240 cubic feet per second. The element of conjecture in these results can-
not be eliminated, however. I have read carefully the application of the
Toronto & Maerara Fall* Power Company, the protests of the Canadian
Niagara Falls Power Company, with arguments advanced in support thereof;
the arguments in rebuttal presented by Messrs. Cooper and Croes, and also
the protest of the International Railway Company, with the assertions sub-
mitted in support thereof by Messrs. Kennedy and Peterson.

From all of the admissions of the protesting company, backed by my
interpretation of the contract existing between themselves a-nd your Honor-
able Commission, I assume that there is. and can be. no objection to the
abstraction of the volume of flow asked for by the Toronto Power Company,
namely, 11,200 cubic feet per second; and hence that the only basis for pro-
test by the Canadian Niagara Company, must be sought in the form of works
proposed by the Toronto Company. The outline of these works is well
shown upon the map submitted by that company, and their scope and method
is clearly desf riled in the written discussion by Mr. Hugh L. Cooper, their
engineer. Hence the question to which I must address myself is a very
giave one of the effect of these works, as designed, upon the efticiency of
the Canadian Power Company's works a<s now designed and in process of
construction.

In taking up the arguments of Mr. Hugh L. Cooper, we find that he is
both resourceful and aggressive, and hns a forceful way of presenting his
case. I cannot, however, acquiesce in his view that the hydrau'ic elements
of this stretch of the Niagara River can be computed by any known hydraulic
formula. This is manifest when we are faced with the following facts :

Distance _Z, is derterminable.

the quantity of water — Q, j s conjectural.

The slope — S, is chaotic.

lhe velocity _V, is inconstant.

The area of cross section— a, is unknown, and unknowable, and with-
out knowing th; t the hydraulic radius — r. cannot be determined.

Coefficient of loughness— n, is composite, and hence C, coefficient of mean
velocity, cannot be computed.

Mr. Croes presents certain axiomatic statements covering various forms
of dams and a comprehensive description of the lay of that reach of rapids
coming within the scope of the three several power plants, proposed, and in
process of construction.

Observations <n Flow.

To state that in flowing streams the natural direction of cunent, unob-
structed, is along straight lines, is a fact only to be qualified bv the further
statement that the flow is on the line of least resistance, is only asserting
a truism known to aJl who have occasion to observe the * habits of
streams. It is further true that where a stream departs from a straight
line, the water is higher on the concave bank than it is on the inner or con-

Hi THE REPORT OF THE COMMISSIONERS No. 6

vex, bank; this difference is scarcely to be detected where velocities are low,
but under high velocities I he piling up on the concave shore becomes a
marked effect. Between the south end of Queen Victoria Park and the
chasm which makes Hie cataract, the shore curves to the right (or east)
through, probably, SO degrees of central angle, and the onrush of the cur-
rent, with inconstant velocities varying between S and 17 feet per second,
piles the water up on the concave shore to a considerable height. The
effect of this has b a en to erode the deepest channel on the westerly side of
the centre of the stream. So markedly is this true, that to wade out from
the eisterly shore at Terrapin Point, just above the Fa.lls, for a distance of
several hundred feet, does not se?m to me to be a venture fraught with
much peril; whereas on the opposite shore, even to fall off the bank would
mean almost sine destruction for the unfortunate who did so. The build-
in?; of th ' cofferdam by the Onta-rio Power Company, as shown upon the
maps on file with your Honorable Commission, has served to shut off all
of the water which formerly flowed around Dufferin Islands and to lay bare
all of the area< lying between it and the shore and a line drawn from the
downstream end of the cofferdam to a« point about 400 feet southerly from
the south end of the Suspension Bridge crossing the north channel around
Dufferin Island. Notwithstanding this radical diversion of an ; mmense
volume of flow from its normal course, the pitch toward the west shore is so
tremendous that the wa-ter against the crib on Tempest Point fas indicated
by wa-ter mark on the timbers of the crib), is scarcely two feet lower now
th°n it wa«. before the diversion took place and the readings on gua.ge No. 4,
which is about 050 feet northerly from Tempest Point, and 450 feet south
of the southerly end of the Canadian Niagara Falls Power Company's crib,
taken before the building of the cofferdam, and regularly since, show an aver-
age reduction of level for corresponding stages of water, as determined by the
reading* on guage No. 1 at Chippewa, based on monthly means, of about
65-100 of 1 foot. Hence, it se ms reasonable to believe that the change of
level at the intake of the Canadian Niaga-ra Falls Company, 500 feet lower
downstream, will be nea.rly whit it was before the building of the coffer-
dim by the Ontario Company. Strangely enough, there is no positive infor-
mation to support or rebut this assumption.

The charted courses of the several barrels cast off at varying distan-
ces from the sh^re on January 0th, for the purpose of gaining information
as to trend of currents, has a strong bea.ring on the questions at issue, as
they afford the largest amount of knowledge upon this subject which is now
available. Prior to the building of the Ontario Company's cofferdam, that
company caused five i5) barrels to be cast off from a trestle which it had con-
structed nea«r the Southern limits of the Park domain. The courses taken
by these barrels are shown upon the chart, and it is a significant fact that the
three barrels cast off from the end of the cofferdam on the 0th inst. were
driven shoreward until they nearly reached the path of the previous 1 arrels,
which pith they thereafter followed substantially. The barrels cast off iu
the uprter river (numbered consecutively from the first one cast off from
the cofferdam), showed the following results :

No. Crossed line of Passed Canadian Niagara

neper reef. Falls cofferdam.

4. 270 feet from n rth end of cofferdam. 215 feet from its face.

5. 540 fe t from n rth end of cofferdam. 325 feet from its face.
0. 350 feet from north end of cofferdam. 40 feet from its face.
7. 3S0 fe^t from north end of cofferdam. 175 feet from i f s face.
S. 1200 feet fiom mrth end of cofferdam. 1400 feet from its face.

1802 OF yUEEN VICTORIA N1AGAR \ FALLS PARK. 87

The ninth barrel was carried into the American shore above the rapids.
Crude a.s these experiments for determining the direction of currents were,
they are vet the most positive indications bearing upon the subject of which
I have been able to gain any information, and they serve t i confirm the im-
pressions made by purely visual observation of the currents.

The purpose of the Ontario Company, as it has been explained to me
and as i« indicated by the plans of their proposed work, in your possession,
is to divert from the channel of the river toward the intake of their conduits
a water volume of more than twice the capacity of their said conduits and
to waste the surplus over a spillway or submerged wier lying between the
wing dam and their intake. Assuming the works of the Toronto Power
Comptny to be built as shown upon the plans accompanying their petition
to your Honorable Commission, the overfall from the works of the Ontario
Company would closely approximate to the 11,200 cubic feet per second asked
for by the Toronto Company. The additional volume entrained by the par-
tially submerged training wall, provided for in the plan of the petitioners,
would be superfluous water, could the waste from the Ontario Power catch-
ment basin be made available without the construction of works to hold the
water, approaching the intake of the petitioner, up to the proposed level of
533. These works, however, are • necessary for the reasons set
forth by Mr. Hugh L. Cooper, engineer of the petitioner. The entrained and
impounded water being greatly in excess of the needs of the petitioner, pro-
vision is made for the return of the surplus to the river channel over ample
wast > weirs. The entraining wall being well w'ithin the limiting line, pres-
cribed by you, drawn from the intersection of the south boundary of the
Park to the southeast angle of the cofferdam of the Canadian Niagara Falls
Power Co., it is manifest that no water east of its line of direction will be
diverted from its course toward the intake of the objecting company. It is
further manifest that the tendency of the water flowing along the easterly
sid ; of the entraining wall, will have a tendency to sweep shoreward around
the northwesterly end of this wall where it joins onto the overfall dam ex-
tending out from the petitioner's power house to meet it, and that this ten-
dency will give a shoreward impulse to the water escaping over the crest of
the overfall dam.

ICE.

I do not believe that the ice problem is one which need cause the objec-
tors any serious apprehension. From conversations had with gentlemen,
whose personal observations entitled them to speak with knowledge
on the subject, I learned that the ice run on the Can-
adian side of Goat Island is inconsidera-ble, as the prevailing winds
drive the ire to the American shore. Should there come an exception to this
habit of the ice on the river, the effects could not be worse than those which
would obtain if the works of the objectors were the only works between the
south end of Queen Victoria- Park and the Cataract.

Channel Contraction.

In considering the question of water levels, the effect of channel con-
traction must not be lost sight of. The work of the objecting company has
tended to narrow the channel by encroachment thereupon, by filling out
from the old river margin to the new shore line established by your hon-
orable Commission. What the effect of this construction must be, I can-
not state upon any basis of actual knowledge, but that will be an appreci-
able element in the readjustment of levels, is beyond cavil. a»nd it may even

88 THE REPORT OF THE COMMISSIONERS No. 6

correct any small depression in levels feared as a result of the execution of
th',' plans of the petitioner.

I wish to express my appreciation of the courtesies extended to me and
the aid afforded by the officers and engineers of the Canadian Niagara
Power Company and the Ontario Power Company. These gentlemen per-
mitted me to examine their plans and gave me oral information which has
been of great value to me in reaching the conclusions at which I have ar-
rived. The plans of the Canadian Niagara Power Company show their in-
take grade as 501.5; width of intake, 250 feet, clear of obstructions; depth
of water through intake, 15 feet maximum; 13 feet minimum, corresponding
to elevations, 51G.5 and 514.5 respectively. Elevation of bottom of tunnel, at
north end of wheelpits, 353.00, height of tunnel 25 feet, hence elevation of
introdos will be 378. By deductions from these elevations it is evident that
the head of 136 feet used in these discussions is predicated upon the mini-
mum water surface (514.5), with a margin of half a foot for good measure.
With this exhibit to sustain me. T am able to felicita.te the men who are
putting up the m >ney for this development, upon the fact that their engin-
eers have designed their works upon a reasonable margin of variations, and
'not upon the theoretical exactitude for which they argue s^ strenuously in
their protest against the Toronto Power Company's proposed development.
In this connection it is instructive to note that the intake of the American
Niagara Falls Power Company, designed to supply the same volume of fiow
as its (\anadian counterpart, is 250 feet wide, clear of obstructions: was de-
signed for a depth of. 12 feet, and has a* normal variation in depth of three
(3) feet and an abnormal variation several feet in excess of that, and yet
that plan is effectively workable under all conditions.

Map of July 16th, 1902.

The Canadian Niagara Power Company has submitted a map with the
official certification of its resident engineer to the effect that the plan shown
thereon "was completed on or before July 16th, 1902," and that the same
"is now exactly as it wa«s at that time." The location of the plant which
they are now building is shown in black, and in red ink is shown a dupli-
cation of same at Tempest Point occupying the river front at the site se-
lected by the present applicants, but extending back into the Park grounds.
Thi-i plan and statement I accept as proof positive that the protesting com-
pany does not regard the taking of a volume of water sufficient to operate
such works as a damage to the plant which they are already constructing.
After giving my best thoughts to all of the matters and things which have
come before me. bearing upon the grave questions at issue. T now sum up
my conclusions :

Conclusions.

First. That the plan and form of construction proposed by the peti-
tioners will not lower the level of water in front of the intake of the Can-
adian Niagara Power Company, to a greater extent than that which has re-
sulted from the construction of the coffer dam of the Ontario Power Com-
pany, which lowering, if any, is not now ascertainable, as the only reliable
observations boa-ring upon the effect of said coffer dam were taken 500 feet
south of the intake of the objectors.

Second. That a lowering of a few inches is not a matter which de-
serves serious consideration in a water supply subject to fluctuations of at

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 8y

least two feet; which fluctuation has been recognized and provided for in
the plans of the objecting company.

Third. That what has been said with regard to the works of the
Canadian Niagara Kiver Company, objectors, applies with even greater force
to the conditions obtaining at the intake of the International Railway
Company objectors; for the experts, whom they employed to present their
cause, assert that the lessening of head at their intake will be just one-half
of the loss of head of the intake of the Canadian Niagara Power Company
(their assertion being that said lowering in the two cases would be one foot
and six inches respectively), which assertion is unsupported by any sustain-
ing data.

As an appendix to this report, I submit the letter of reference address-
ed to me by James Wilson, Esq., Superintendent of the Queen Victoria
Park Commission.

Holding myself subject to further interrogation by you, I have the
honor to be. Yours very truly,

(Signed) I SHAM RANDOLPH,

Advisory Engineer.

90 THE REPORT OF THE COMMISSIONERS No. 6

REPORT OF ROBERT C. DOUGLAS, C.E.

Ottawa, Canada, January 20th, 1903.

J. W. Langmuir, Esq., Chairman Queen Victoria Niagara Falls Park Com-
missioners. Toronto. Ontario :

Sir. — In answer to your communication of the 30th December, 1902,
stating thai the Commissioners of the Queen Victoria Niagara Falls Park
desired certain opinions upon several questions in connection with water
power privileges, also refering me to Mr. Wilsm, fhe Superintendent of
th i Park, for particulars an 1 information, I have the honor to report as
follows :

By letter of January 7th. 1903. reference was made by Mr. Wilson, (in
summary); an application of the Toronto Niagara Powe;- Company for a
cone 'ssio i of wnter-power privileges. The reports of Hydraulic Engmi ers
in support thereof with statements of Solicitors.

The reports and statements of Engineers and Solicitors of the Canadian
Niagira. Power Company in opposition to the application of the Toronto ;i,nd
Niagara Power Company.

The report and statements of Engineers and Solicitors of the Interna-
tional Railway Company, who adopt the observations and ••onclusions pre-
sented bv the Canadian Niagara Power Company. The principal questions
referred to were :

To what extent, if any, will the withdrawal of 11.200 feet per second
lower the water levels at the intakes of the latter companies ?

Will the proposed works of the Toronto and Niagara Power Compa.ny
tend to divert the water of the river from the intakes of these companies ?

Any observations that might be deemed essential to the consideration
of th^ subject by the Commissioners.

I have made an examination of the Niagara* River and its marked
features, and carefully considered the various statements and reports
referred; it appears unnecessary to repeat the description of works and mea-
surements fully set forth in the numerous reports and the official plans before
the Co nmissnners.

Taking into consideration the magnitude and importance of the various
interests established, and proposed to be established, the technical data with
regard to th * rive,- available i-i meagre. Mr. Wilson, for the information of
Mr. R n lolph ant myself, made nine float experiments, under not favorable
conditions, but with instrumental observations, which, with some similar
data furnished by the Ontario Power Company, was the only material avail-
able, other than by mere visual inspection.

To answer the query, to what extent, if any, will the abstraction of
11,200 cubic feet per second from the river, lower its surface, is difficult when
discussing a river of unexampled features, with its magnitude of volume )f
flow, broken by heavy surging water, with various velocities and courses of
flow, and subject to frequent fluctuations of level and consequent variable
volumn ' of water discharged.

The question cannot be answered upon the original normal regimen of
the river, disturbed as it is. but on a new regimen, which will be created by
the erection, in the bed of the river, of the structures of the Ontario Power

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 91

Company, and of the proposed works, the effects of these works upon the
river being unknown, together with the limited technical data available,
rend' r's an answer to the question a matter of conjecture.

As to what extent the withdrawal from the river of the volume of
water mentioned will lower the water level of the river at the intnkes, it may
be said the water level, theoretically, will be lowered: the number of inches
below any d itum plane of the river. I cannot estimate.

The Qu?en Victoria. Niagara Falls Park Commissioners have leased to
the Canadian Niagara Power Company and the Ontario Power Company
some 21,000 cubic feet per second, and have recommended a< further lease;
what quantity is it judicious to lease without injury to the Canadian Power
Company ?

The minimum discharge of the river is stated to be 100,000 to 170,000
cubic feet per second. The discharge at mean level of Lake Erie 222.400
cubic feet per second; if a basis of a minimum flowage of 165,000 cubic feet
per second be taken, from that amount deduct the quanitity which
may be diverted for power upon the New York Niagara Falls developments,
say 25,000 cubic feet per second. The approximate flowage upon the United
States s ; de of th^ boundary line could not be obtained.

The quantity of wa«ter, available, by an economic construction of works,
to divert for the purpose of power upon the Canadian shore, could, approxi-
mately, bo dofei mined by an hydraulic survey; about one third of the pre-
vious ba-lan'o will be assumed, or say 45.000 cubic feet per second; the leas-
ing of this additional 11,200 cubic feet per second, or in all, 32,200 cubic
fttt per second, would not, in my opinion, be an injury to the present lessees
through loss of head to any appreciable extent.

Iu connection with this question, and the larger question, the effect of
the construction of the proposed works by the Toronto Niagara* Power
Company. The statement will be taken up of the Canadian Niagara Power
Company, endorsed by the International Railway Company, of the prospec-
tive injury of a loss of held of one inch, and of the serious loss to a water
plant of one foot or more.

The following water-power eompanies for the purpose, as expressed in
the lease, allow a variation of one foot. —

"To prevent disputes as to power of each privilege in the variation of
the height of water from changes of season or other causes." —

The Lowell. Lawrence. Holoke, Amoskeag (Manchester) Water power
Companies and the Minneapolis Mill Company.

Upon the ca-nals, under the control of the Department of Railways and
Canals, Canada, the general terms and conditions for leasing water-power,
1890, p : ovide for a* variation of head of six inches in calculating power
between the level or reaches of a canal, these levels are maintained, except
during lockages, constant. Between a standard level of a canal when the
tail wa-ter discharges into a river, lake or water course, one foot variation is
provided for.

In the power developments of the Canadian Niagara Power Company
and the Allied Company upon the New York side, I am informed, a variation
of levels or head of water of two and three feet respectively is provided for.

92 THE REPORT OF THE COMMISSIONERS No. 6

Mr. Randolph, the Engineer of the Chicago Drainage Canal, has informed
me he intends to provide for a variation of three feet in head upon the pros-
pective water-power development upon that canal.

In consequence of the variations of water levels of Lake Erie and con-
sequently of the Niagara River, the variation of head produced by the with-
drawal of the quantity of water in question, and the allowance for euch
variations just quoted, become a minor consideration.

To the important query, to what extent the proposed works, of the

Toronto Niagara Power Company, will tend to divert the waters of the

river from the intakes of the Canadian Niagara Power Company and the
International Railway Company, it may be remarked, —

The Engineers of the Canadian Niagara Power Company maintain the
proposed works will permanently lower the water at its intake, several feet,
exactly how much it is impossible to calculate, but in their opinion it would
be at least three feet or four feet.

The Engineers of the International Railway Company state the pro-
posed works will lower the surface of the river one foot at the intake of
the Canadian Niagara Power Company, and about one-half as much at the
p esent intake of the Railway Company.

In connection with the above, the Solicitors of the Railway Company,
adopt mutatis mutandis the observations and conclusions contained in
"he reports and memoranda presented on behalf of the Canadian Niagara
Power Company. What head do the Solicitors assume in the interest of
their clients ?

The Engineers of the Toronto Niagara Power Company state the loss
of head will be, at the intake of the Canadian Niagara Power Company,
tlree and a half inches, but that their arguments were based upon a loss of
head of seven inches; they deny the loss at the inta.ke of the railway com-
pany, will be six inches, but it may he as much as two inches.

In offering an opinion upon this probable loss of head, through the con-
struction of the proposed works, it may be remarked, the information avail-
able to us, other than the personal inspection, upon which the reports of
the various engineers is based, is the plan of direction and velocity of the
test floats whose course was observed by us.

Tie plan of the proposed works of the Toronto Niagara Power Com-
pany outlines an impounding dam within the line of the principal filaments
of current n< ar it; the dam is practically parallel to the axis of the current
a-nd it may be termed as suggested in the reports of the engineers of the
above company, a training wall. Training walls and training banks are
terms commonly used in the improvements of rivers a«nd are generally con-
structed in the direction of flowage for cutting off sinuosities or other causes.

The engineers of the Canadian Niagara Power Company maintain tha-t
11 e stilhvater basin (it may be called a mill pond), proposed to be construct-
ed higher or as high as the surface level of the centre of the river, would
direct the main volume of How of the river to the centre of the Horse Shoe
Falls. This opinion app'ics in a lesser degree to the still water basin pro-
posed to be constructed by the Onta-rio Power Company.

With the facts available to form an opinion upon, I cannot apprehend
the grounds for this opinion, other than would apply to the impounding

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK.

dams; the ; e basins might be termed training banks in the direction of the
training wall or dam.

It is not feasible to calculate or estimate, in my opinion only the loss
of head through the diversion of water from the intakes of the Canadian
Niagara Power Company and the International Railway Company by the
proposed works, except by ai doubtful approximation.

The construction of the coffer dam of the Ontario Power Company
and the consequent alteration in the regimen of the river supply a practi-
cal indication of the probable action of the river when the proposed works
( f the Toronto Niagara Power Company are constructed. The dam divert-
ed, from its direction of flow, a large volume of water; 4,000 or 5,000 cubic
feet per second of that volume, are stated to have been discharged around
Dufferin Island.

The entire flowage diverted is mentioned by the engineers of the To-
ronto Niaga.ra Power Company as some 50.000 cubic feet per second. What
ever quantity this flowage may be, it was diverted from its normal course
in the line of Dufferin Island and the banks of the Park into the river on a
line with am extension of the line^of the proposed wing dam of the Toronto
Niagara Power Company.

The engineers r:f\the Ontario Power Company have made daily observa-
tions of the water levels a.t various stations, both previous and subsequent
to the construction of the coffer dam. I compared, from the records, sim-
ilar daily readings at the guage at Chippewa a.nd at a guage on a point
pome 450 feet above the coffer dam of ;' the Canadia-n Niagara Power Com-
pany, the-e readings embracing a period previous and subsequent to the
construction of the coffer , dam; there was a difference of nearly eight and
a half inches, a lowering of the surface of the river to that extent, or a loss of
head of eight and a half inches at this guage. caused by the construction of
the coffer dam.

The level of the surface of the river below its former level at Tempest
Point, some 950 feet above the guage, is stated to be two feet. Between
Tempest iPoint and the lower guage by the depression of the river below
its former level a known number of inches, at each station in a given dis-
tance, there may be estimated the present 1 hydraulic gradient between those
two points in an approximate manner.

If the depression 'of the river at the lower guage be termed a loss of
head of eight and a half inches, the loss of head at the intakes below will
be decreased in proportion to their distance from the lower guage.

I am unaware of any method by which can be determined the loss of
head in inches at the intakes in question, resulting from the construction
of the proposed works. There will be established another hydraulic grad-
ient by the removal of the present coffer dam; by the construction of the
impounlinsr dam of the Toronto Niagara Power Company; by the abstrac-
tion from the river of 22.200 cubic feet per second for power; by the over-
flow of the weir of the Toronto Niagara Power Company into a course trib
uting to the lower intakes; with these elements of uncertainty and dealing
with a river of the description of the Niagara River, the only opinion I
can give would be that the present loss of head at the lower guage is a fair
index of the future loss of head, and that the proposed works will not tend

94 THE REPORT OF THE COMMISSIONERS No. 6

to dive t the waters of the river from the intakes to the extent of a* calcu-
late damage.

I may remark with regard to the subsidiary question, but one of
importance, is the need for the construction of a wing dam below the in-
take of the Canadian Niagara Power Company, to maintain the level of
the river at the intakes, if diverted by structures, permanent or temporary,
into channels other than into the still water basins.

The engineers of the one company characterize a wing dam a useless
undertaking, for which theie is no necessity.

The engineers of the lower companies consider its construction neces-
sary to maintain the head at the intakes through the a.pprehended diver-
sion of water towards the centre of the river.

The Niagaia River in its magnitude, its great velocity, its diverse cur-
rents of rough water, and its varying fluctuations of level, is a river to
which ordinary practical engineering experience or theory cannot be applied.

Structures, erected in the beds of rivers for various objects, by able
engineers of experience, have resulted in exciting energies or current and
flownge union seen, and actions not predicated.

With the little information before me I am not prepared to call a wing
dam "a useless undertaking," although it might not be an absolute neces-
sity, iis benefits might be such to the two intakes as to justify the cost of
erection, which would be little in comparison with the large proposed de-
velopment of power.

I might suggest that the Commissioners establish a datum plane of the
river, at the intakes of the companies complaining, determine the loss of
head below this plane, to which they will be subject by their agreements,
set water level guages at the intakes with reference to the plane, the daily
readings of which, befoie, during and subsequent, to the construction of
works, will determine the necessity of a dam from the action of the pro-
posed structutes temporary or otherwise.

1 have to acknowledge the courtesy of Mr. Wilson, the Superintendent
of the Pa.rk, also that of the officers and engineers of the Canadian Niagara
Power and the Ontario Power Companies, who were always ready to afford
any information relative to the inquiry.

I have the honor to be, sir,

Your obedient servant,

(Signed) ROBERT C. DOUGLAS, C.E.
Toronto. January 19th. 1903.

1903 OF QUEEN VICTORIA NIAGARA FALLS PARK. 95

CONCLUDING REPORT OF PARK COMMISSIONERS TO THE GOVERN-
MENT.

Hon. G. W. Ross, Premier, etc., etc., Parliament Buildings, Toronto :

Dear Sir, — In compliance with the request you made on the 19th De-
cember last, at the hearing- given by the Government to the various com-
panies and parties interested in the development of electrical power at Ni-
agara Falls that they should reduce to writing the arguments used at that
meeting, I now leg to report that the applicants for a« franchise (Messrs.
Mackenzie, Pellatt and Niche lis), tie Canadian Niagara Power Company
aid the International Railway Company have furnished the Commission in
writing with their respective arguments before the Council with such am-
plifications as they deemed essential to the presentation of their case.

Upon the reception of these written briefs, the Commissioners consid-
ered it judicious to furnish each of the parties with copies of the reports
and arguments advanced by the others for such criticism or rejoinder as
each might consider necessary. When the Commissioners received all the
repcrts and memoranda and acting upon your instructions, two eminent
hydraulic experts were engaged to examine into all the questions at issue
and to report fully upon the arguments set out in the respective briefs.

The engineers selected were Mr. Isham Randolph, C.E. (chief engineer
of the sanitary district of Chicago, a work in the construction of which over
$35,000,000 has been expended), and Mr. Robert C. Douglas, hydraulic and
br'dge engineer of the Department of Railways and Canals. Ottawa. These
gentlemen visit! d Niagara. Falls and made as thorough an examination into
the physical c: nditions existing at the piesent time as was possible, and
also e>am ned the works which have been constructed up to this date for
th--* various power companies to whom franchises have been given. I have
now received the ieport of Mr. Randolph, but regret to say that in respect
of Mr. Douglas" report, that gentleman finds on his return to Ottawa that
his official superiors will not sanction his ma.king a report upou matters
outside of his departmental work; the Commissioners therefore have to de-
pend upon the report cf Mr. Randolph.

Upon a full consideration of Mr. Randolph's report the Commissioners
are of opinion that the statements made by the applicants that the flow of
water and the level of the river at the intake of the Canadian Niagara
Power Company will not be materially affected by the proposed works of the
appMcants as they are outlined in the plans attached to the applications, are
substantially correct.

In view, therefoie. of the report of Mr. Randolph, the Commissioners,
uprn a full review of the subject, see no reason why the application of
Messrs. Mackenzie, Pellatt and Nicholls should not be granted, subject to
the conditions recited in the memorandum submitted by the Commissioners
at the hearing of the case before the Council on the 19th December last.

I beg to transmit herewith the various documents and reports in con-
reclion with the matter.

I am, yours truly,
(Signed) J. W. LANGMUIR, Chairman.

96 THE REPORT OF THE COMMISSIONERS No. 6

REPORTS UPON AVAILABLE SITES REMAINING
FOR POWER PLANTS

AND

COST OF TRANSMITTING ELECTRIC ENERGY TO

CITIES AND TOWNS IN ONTARIO

Toronto, 28th February, 1903.

My Dear Sir, — I am desirous of having a report from some hydraulic
engineer of high standing upon the remaining sites at Niagara Falls where
electric power could be generated on a large scale. I understand from you
that in granting water-power privileges to the Canadian Niagara Company,
the Ontario Company amd to Messrs. Mackenzie, Pellatt and Nicholls, the
Commissioners had not exhausted the field, and I should like to have this
confirmed by an engineer whose opinion could be accepted as final.

I should also like to have an authoritative report upon the cost of trans-
mitting electrical energy from Niagara Falls to cities and towns within a
ra<d us of 100 or 150 miles, showing the cost of construction of the lines
for \arions amounts of power, and the approximate loss in transmission,
say at each unit of 50 miles, and also the probable cost of maintaining such
lines.

Will you be good enough to take steps to secure these reports as soon
as possible?

Yours truly,

J. W. LANGMUIR, ESQ.. (Sgd.) G. W. ROSS.

Chairman Queen Victoria Niagara Falls Park, Toronto.

REPORT OF ISHAM RANDOLPH, C. E., UPON THE FURTHER DE-
VELOPMENT OF THE NIAGARA RIVER FOR POWER PURPOSES.

Chicago, April 4th, 1903.

J. W. Langmuir, Esq., Chairman Queen Victoria Park, Niagara, Ontario:

Dear Sir, — Pursuant to your request, I have made a study of the hydraulic
conditions as the same affect power development along the Niagara
River, between the mouth of the Chippewa River and Queenston, and T
now have the honor of lepoiting to you the conclusions at which I have ar-
rived as the result of my investigations. To give me fuller familiarity with
the several localities which I am about to discuss. I supplemented former
visits to the Falls by spending March 27th and 28th there. The question
with which I have to deal may be formulated thus: Have the available
sites for water power d°v(dopment on the Canadian side of the river been
exhausted by the acquisition and occupation of the four several sites within
the domain of Queen Victoria Park for which charters have been issued

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 97

by the Government of Ontario? I answer most emphatically, no; and in
support of my p jsition I submit the following array of sustaining facts.
First, I will take up that reach of the. river which begins at the mouth of
the Chippewa River and ends at the steel arched highway bridge below the
Falls. To illustrate the situations which come first in order of discussion,
I submit a map drawn on a scale of four hundred feet to one inch, marked
Exhibit "A." On this map the respective locations of the Ontario Power
C.mpany, the Toronto & Niagara Power Co., the Canadian Niagara Power
Co., and the Niagara Fall 3 Park & Kiver Railway Co.— the. first mentioned
three being now in proce-s of construction — are shown and named, and the
available but una; p opriated sites are numbered 1, 2, 3 and 4. G. K. Gil-
bert, Geol gist TJ. S. G. S., states in a. report dated May, 1901, "It (the
Niagara River) affords enormous water power, of which five million horse
power is readily avai'able." Between the mouth of Chippewa River, where
the mean elevation is taken as 561 above sea level, and the pool at the foot
of the Falls, elevation ta«ken as 3-12.4, with the. volume of flow given by
the United States engineers as 222,400 feet per second, we arrive by com-
putation at a total gross h^rse-power of 5,512,814. The river front be-
tween the mouth of Chippewa River and the south boundary of the Park
domain affords sites for locating power plants which have marked advan-
tages < ver those located within the bounds of the Park property, the only
disadvantage being in the longer tail water tunnels. The advantages are
cheaper preliminary construction, due to the comparatively still water in
which the work must be done; less extensive, and hence less costly, wing-
dams, and lastly, greater availa-ble head. I show upon Exhibit "A" (map)
three suggested power plants occupying a river frontage of 2,700 feet in
length; the northerly plant (No. 3) being 600 feet south of the Park limits.
These locations are numbered from the south 1, 2 and 3 respectively, the
tunnels, h^aiing from th°m, to discharge in rear of the cataract, as is plan-
ned for the Toronto & Niagara development. The elevation of the bottom
of the tunnel at the discharge end is in each case assumed as 338.3, and the
ascending grade in the tunnel is taken as 7 feet per 1,000 feet (which is
the grade used in the Canadian Niagara Power Company's tunnel, the
d'mensions of which, 18x25 feet, are also adopted). The length of this
tunnel will be approximately 6,220 feet. The elevation of the intrados will
therefore be 406.81. The available head will be 151 feet nearly, and the
wa<ter required to develop 100,000 net horse-power, assuming an efficiency
of 75 per cent., will be 7,776 cu. ft. per sec. The tunnel leading from loca-
tion No. 2 will be 5,450 feet long, the available head 156 feet, nearly, and
the water required to produce 100,000 net horse-power (75 per cent, efficiency)
7.507 cu. ft. per sec. The tunnel leading from location No. 3 will be 4,300
feet long, the available head 164 feet, nearly, and the w T ater required to
produce 100,000 net horse-power (75 per cent, efficiency) 7,140 cu. ft. per
sec. Any one of these three sites when developed would have a decided
advantage over the American Niagara Falls power development on account
of its freedom from ice gorges. The experiences of the past spring have
served to emohasize the advantage which the Canadian side of the river
possesses over the American side when ice is running. I will not go into
estimates of cost in this discussion, further than to show by analogy that
either one of the three sites discussed above, can be developed at a much
less cost than wa« involved in the development of the American Niagara
Falls Powe.-' Plant. In the first place, no head race need be constructed, as
th Q buildings may be Ideated as T have shown them, and the water can pass
from the river prorer into the intakes. The tunnels will be shorter. The
7 N. F.

98 THE REPORT OF THE COMMISSIONERS No. 6

tunnel for the American plant is 7, 000 feet long, whereas the. lengths of the
three tunnels suggested for the locations covered by this discussion are, re-
sjk ctively, 6,220, .V150 a.nd 4,300 feet in length. The three, suggested sites
do not exhaust the possibilities of power development on this upper level
of the river.

I have to suggest a further development, near the cataract, which is
numbered 4 on the map. This development calls for a subterranean power
house; such a power house, though unusual, is not an original suggestion,
for there is such a one at Snoqualmie Falls, Washington Territory, 34 miles
from Ta«coina. There the shaft is 250 feet deep; the subterranean rock
chamber is 200 feet x 40x30 feet. The length of the subterranean chamber
in the proposed No. 4 development would be governed by the size of the
units adopted for the service. Its width need not exceed forty (40) feet,
nor its height, from floor to ceiling, thirty (30) feet, if the rock admits of
using a flat ceiling, nor forty feet if it should be. found best to use an
arched ceiling. I will state here that I have been in cement quarries in In-
d'ana where I have. se?n perfectly flat ceilings of limestone, unsupported
for spaces of ninety (90) feet. Allowing for a margin of one foot outside
of nea-t lines of such a subterranean chamber with arched roof, the cubi-
ture per lineal foot of length would be 59 9-10 yards; allowing |5.00 per
cubic yard to cover the cost of excavation and lining (1 am advised that the
aoing p-ice for tunnel excavation at Niagara is $3.50 per cubic yard), the
cost rer lineal foot would be $299.50, which would bring the cost of a
chamber, 000 feet long, up to $179,700.00. A chamber such as this, close to
the cataract, would have an advantage over a power house built in the open,
correspondingly near to the cataract, because it would be free from the.
spray effects. To secure the water necessary for operating this plant, it
would be necessao-y to run an impounding; wing-dam on (as shown in Ex-
hibit "A") from the north side of the intake of the Niagara Falls Park &
River "Railway Co.'s intake of such lenirth and dimensions as would provide
ample volume both for the existing plant and for the proposed develop-
ment. The intakes for the proposed development would be located south-
erly of and adjacent to the intake of the existing plant. The available head
for this o'evelo.pment would be about 155 feet, and the water required to
deve 1 op 100.000 net horse-power (75 per cent, efficiency) 7.574 cu. ft. ner
sec. The tail water tunnel for this development would be onlv 450 feet
lon°". The onlv s + ruetures connected with this plant which would be vis-
ible in the Park would be a shaft head hous°. which could b^ made an orna-
mental, even a monumental structure, and the intake works al^no - the shore
line.

The water required for the four suggested developments would be:

Cubic feet
For Ni per sec.

1 7.770

2 7.507

3 7.139

4 7.574

Total for proposed plants 29.990

The volume of water used in the N. F. P. & Ry. plant is not considered.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK 99

Cubic feet
per sec.

Ontario Plant 12,000

Toronto Plant 11,200

Canadian Plant s > 900

32,100

Total chartered and suggested development on Canadian side, from the
river above the Falls calls for 62.096 cubic feet per sec.

Tl e American developments now in operation and arranged for from
the high level of the river calls for the following volumes of water:

Cubic feet
per sec.

A meriean Niagara Falls Power Co 8.600

Niagara Falls Hydraulic and Manufacturing Co. . . . 7.700

Total on American side 16,300

Total on Canadian side 62.006

78.396

81,396 cubic feet per second out of a total of 222.400 cubic feet per second,
or an appropriation of 35 1-4 per cent, of the available water to develop power;
leaving 144.006 cubic feet per second to continue the scenic effects of the catar-
aet.

Water power in the Niagara Gorge.

The second division of this discussion has to do with the River below the
Steel Aided Highway Bridge.

I find in the report of your able Superintendent, Mr. James Wilson, for
the year 1897, a discussion of five possible developments on the lower River.
The first of these to have its intake just above the Cantelever R. R. Bridge,
and its discharge 3,500 feet down stream, developing under a head of 30
feet. This dev< loj ment a^ discussed by him is entirely feasible along the
lines which he rec mmends, and a power of great value a-waits preemption
there. Mr. Wilson's suggestions are tentative and a very careful study of all
the conditions which affect this situation must be made before the. plans for
development are entered upon. From data furnished me by Mr. Wilson it is
evident that there will be violent changes of head for any water-pow r er devel-
opment in t 1 e Niagara Gorge, as the guage readings show an extreme oscilla-
tion of 15 fe t nearly. Thi- oscillation makes me doubt the propriety of at-
tmpting the development of Mr. Wilson's suggestions No. 2 and No. 3 on
seven foot leads, as a lew head, -subject to variations twice as great as the
head itself, i< of doubtful utility. .Developments No. 4 and 5 having head
respectively of 20 and 14 feet. are. each meritorious suggestions, which like
No. 1 must be worked out carefully in detail to reach the best results. T have
n >t ha-i time at mv ^i-roal to follow this work to a conclusion, but I have
examined the conditions sufficiently, both upon the ground and by a careful
con*id°i ation of Mr. Wils n's reuort, to satisfy me of the great value of the
water-] ower possibilities which exist in the Niagara Gorge.

Respectfully submitted.

I SHAM RANDOLPH.

Advisorv Engineer.

100 THE REPORT OF THE COMMISSIONERS No. 6

REPORT ON LONG-DISTANCE HIGH-TENSION TRANSMISSION.
By L. L. and P. N. Nuun, Electrical Engineers.

The purpose of these recommendations is to provide for the traus-
missicn of power by means of three phase, twenty-five cycle, alternating
el< ctric current.

The requirements will be given in detail for the delivery of twenty
thousand horse-power at the terminus of transmission, and, by compari
son, the requirements for both ten thousand horse-power and thirty thousand
horse-power.

Duplicate Lines.

We recommerd for twenty thousand horse-power a transmission of
the general type and construction shown by accompanying exhibit A, con-
sisting of two distinct pole lines, entirely separate, except at junction
points, each carrying the three conductors necessary for a complete three
wire, three phase transmission.

By means cf the junction points, each of the above pole lines is divided
into sections of approximately twenty miles each. At each of such junc-
tti. n points the conductors of the two otherwise separate pole lines are
br. ught together and paralleled, or cross connected, and each of the four
iernrni of tie four sections thus connected is equipped with a triple pole
automatic switch. Such equipment occurs at ea<ch end of each of the divisions
c mpiising the two pole lines.

The purpose of the automatic switches, in short, of the whole junction
point design, is to provide means whereby any one of the sections may be
cut ' ut of the service without interrupting the operation of the. remaining
sections, and tie purpose of using automatic switches, or circuit breakers,
is to provide means by which the sections may be automatically cut out. in
case of aeddent. so promptly as to prevent appreciable disturbances through-
out the system.

Continuity of Service,

for important industries, is a prime requisite of any source of power, and
wl i'e any power line properly equipped and thoroughly constructed upon a
favorable, right of way should cause but little interruption, nevertheless it
has always been recognized, and is still correctly regarded, as the weakest
link in the chain of transmission. With duplicate water wheels, or engines,
generators, transformers, in short, with everything also in duplicate, it is
regarded as essential for tie best results that pole line be also in duplicate.

In acld'tion to the mere advantage of duplicate conductors in case of
accident, there is also anotler and important advantage in the provision by
means of which nny section properly patrolled may usually be cut out of
service, repaired and returned to service, before actual accident occurs.

Whereas, when ore of duplicate generators, water wheels or trans-
formers is removed from service, but one-half of the load can be ca-rried, the
above design of duplicate lines provides for the removal of the above sec-
tions, one at a time, without affecting the amount of power transmitted, and
with a temporary increase in the loss of transmission of only a few per cent.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 101

Another, and in this case very important, advantage derived from a
duplicate line lies in the more favorable. "Regulation," or fluctuation, in
voltage at delivery, due to the varying loss of electric potential in the trans-
mission. These variations cr fluctuations of voltage with duplicate trans-
m'ssion are but approximately one-half as great as with a single circuit,
while the corrective effect of charging current, due to electrostatic capacity,
in relieving producer from the losses due to idle current, is substantially twice.

Greater cost may be urged as an objection to duplicate lines. When the
amount of power to be transmitted is large, as in this case, requiring large
conductors, the cost of copper is an almost controlling factor in the cost of
tran?mi-sim. This erst for capper, for such 2» given amount of power,
transmitted at a given loss, is no greater for duplicate than for single
transmission : the conductors in the former case being required of just one-
half the weight of those in the latter.

Right of way is likely to be ihe next most important element of ex-
pense. The cost of a wider strip is usually but slightly greater than that
of a nn-rrower strip, because the principal element of damage to property
lies in the cutting of premises, rather than in the acreage purchased.
Moreover, of the total expense for right of way, legal and other contingent
expenses are likely to be greater than the amount actually paid for pro-
perty, ard there cortingent expenses are no greater for the duplicate line.

Thus poles, cross arms, pins and insulators become the only elements of
transmission expenses which arc proportionally greater for the duplicate line.

Voltage.

We recommend the use. of sixty thousand volts for this transmission.

High voltage is desirable because of the small amount of copper re-
quired, and consequently lessened cost of line. There, is a« certain loss of
energy in all electrical transmission, due to the heating of the conductors.

In determining the voltage and size of conductors for any line, this
erergy lo-s is generally assumed at a certain allowable amount.

The relation of voltage and size of wire is such that for any given
amount of power transmitted the size of wire decreases as the square of
the voltage increases. For instance: At forty thousand volts a certain
amount of power transmitted requires No. 000 wire, the loss by heating
being 6.0 per cent.; at eighty thousand volts the sa.me power can be carried
with the same per cent, of loss by a number four wire, which is only one-
fourth as large as number 000 wire.

There is a limit, however to the voltage for which we can obtain
suitable insulators at the present day. There are in successful operation
sevoral transmissions using forty thousand and fifty thousand volts, and
perhaps ; f the line were to be put into operation at once we would find it
necessary to limit the voltage to the above figures, which are undoubtedly
the commercially advisable pressures for the present day. On the other
hand, there are in the process of being refected insulators which promise
well to stand up under eighty thousand volts, and there is little question
that within the next two or three yea.rs eighty thousand volts will be as
practical ns is forty thousand at the present time. Hence our recommenda-
tion for sixty thousand volts in this case.

102

THE REPORT OF THE COMMISSIONERS

No. 6

Conductors.

Accepting a pressure of sixty thousand volts, we recommend the use of
No. 00 B. & S. gauge copper wire. The energy loss would bo approximately
7 1-2 per cent, when the line is carrying its full load of 15,000 kilo-volt-
amperes, which is, at unity power factor, twenty thousand horse-power for
the duplicate line, or t>m thousand horse-power per single line.

We recommend bare wire. All ordinary insulators are worse than use-
less as a protection against sixty thousand volts. It is possible that a
f'llen wire may be prevented by it from grounding sufficiently to open the
circuit breakers, and cut it out of the line, and still be deadly to any person
who might touch it.

Adequate insulation for protection against such voltage would be too
co-tlv to be considered.

TABLE OF VOLTAGES AND COPPER SIZES SUITABLE FOR MEANS OF FOLLOWING

DISTANCES :

Per Mile of Duplicate Transmission.
40 000 volts per 50 to 70 miles.

Horse Power.

Size.
B. & S.

Energy Lo'8.

Max. Reg.

Copper in pounds.

10,000
20,000

30 000

on
250 000
CM.
350,000
CM.

0.10%
0.10 "

11 "

0.12%
0.17 "

0.22 "

12,774
24,156

33,816

60,000 volts, 70 to 100 miles.

SO, 000 volts, 100 to 150 miles.

Span.

We recommend a span of 100 feet, or GO poles per mile, for duplicate
line Shorter spins are obviously less liable to break than long ones.
Wright of sleet freezing on the wire and the wind pressures are smaller for
shorter S] a >s. Through agricultural] tracts and thickly settled districts,
whe r e the falling of a wire would be of the greatest danger to life and pro-
perty, especially ripe crops, it is advisable to use shorter spans, down to 120
feet, while in thinly settled ar< as. waste land or public domain. 200 feet will
answer.

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 103

The. surveyor who lavs out the line may vary the spa.n slightly at times,
so that the poles shall come on the higher points, not in hollows.

At railroad and other line crossings the span must be the shortest pos-
sible, down to twenty fest.

Arrangement.

The general design of the pole, and its trimmings is illustrated by exhibit
B. The wires are arranged in the form of an equilateral triangle, which is
at once a symmetrical and simple arrangement, advantageous both from an
electrical and a mechanical standpoint. The mutual reactance and capacity
effects are thus kept equal, so that there is an even balance in the electri-
cal conditions as well as balance in mechanical strains. It is obvious that
the;e is no symmetrical arrangement of three wares horizontally on cross
arm, nor could suitable, distance be provided without going to excess in
length of cross arm.

Construction.

Poles— The poles should be winter cut Canadian red cedar. The
standard size for forty thousand and sixty thousand volts should be forty
feet long, and not less than eight inches in diameter at the top. For eighty
thousand volts they should be forty-two feet long. All defects, such as
large, loose or protruding knots, rotten hearts, excessive season checks,
etc., should be excluded.

Winter cut limber is much preferable, even at a materially higher
price. The sap is mostly in the ground when such poles are cut; consequently,
they are not r-herked as badly as summer cut poles. Timber grown on a
north slope is preferable, on account of its slower growth, and because it
ha- a better taper. If possible, select poles the greatest per cent, of whose
cross section is red or heart stock. Knotty poles last longer, though they are
somewhat harder to handlp. because there is more resin in the wood.

No pole should be accepted which is in wind more than four inches, or
which is in wind more than one direction.

The pole is to be framed a<nd roofed as shown on exhibit C. The mor-
tise must be at rigrht angles to the principal axis of the pole, and shall
bp neatly and oleanlv out. so that the cross arm shall be square with the
polo when seated and wedged.

The sides of the mortise must fit the cross arm snugly, as wedges can
not bp user! on the side. The hole for the top pin is to be bored approxi-
mately in line with the axis of the pole.

The roof, pin hole and mortise are to have two coats of elastic bitumen
paint. The butt of the pole to two feet above ground line shall ha.ve two
coa«ts of carbolinoum. whirl) should be applied hot.

Holes.

The holes for forty foot poles should be six feet deep in average ground.
For each additional five feet of length in the pole the hole should be one
foot deeper. On hillsides the depth must be measured from the lower side.
One foot extra of depth should be allowed at angles. The holes should

104 THE REPORT OF THE COMMISSIONERS No. 6

be from four to six inches larger than the butt of the pole, to allow room
for tamping.

Cross Arms.

We recommend for sixty thousand volts a cross arm four inches by
six inches, by eight and one-half feet long. It is to be exact size when dry
and surfaced. For forty thousand and eighty thousand volts, the cross
arms should be 3 14 in. x 5 1-4 in. x 7 feet and 4 in. x 6 in. x 10 feet, re-
spectively. They must be surfaced on all sides, roofed, and have two holes
for insulator pins, as shown on exhibit C.

The material for these cross arms is to be selected clear, long leaf yel-
low pine, free from excessive gum, large or rotten knots, and imperfections
generally. It i? especially insisted upon that the cross arms shall be close
and straight grained, so as to avnid danger of splitting out at the ends.

The cross arms should be treated with a mixture of elastic bitumen
paint and creosote, in such a manner as to saturate the outer fibres with
the prese"vative. and leave a heavy coating all over the arm.

Pins — The pin recommended for sixty thousand volts is 2 1-2 inches in
diameter by 17 1-2 inches long, for cross arm pins, and 2 1-2 x 20 inches
for pole pins. The general shape is shown on exhibit E. The design of the
pin is, however, a matter largely depending on the kind of insulator used.
The pins are held in place in the top of the pole a.nd in the cross arm by
small dowel pins, as shown on exhibit C.

The. material for th^se pins should be selected black locust, straight
grained, and free from knots. No split, splintered or rough pins should
be used. The threads should be carefully cut.

The pins should be treated with paraffin. The operation consists of
immersing th? pins in paraffin oil at a temperature of 130 deg. F. The tem-
perature is gradually raised in three hours to 240 deg. F., where it is held
for six hours; then it is allowed to cool down again to 130 deg. F., when
the pins are removed. The process requires considerable care in execution,
but if properly done it is possible to drive the paraffin entirely through the
fibre of the pin, and leave a smooth coating on the outside.

Dowel pins and wedges should be of oak, and should be dipped in
elastic bitumen paint before being driven. The pin holes should be draw
bored, 1-16 inch.

Insulators — The insulator recommended for sixty thousand volts is of
the type having a large, nearly flat petticoat near the top, with a sleeve
extending down the pin. The petticoat should not be less than 10 inches in
diameter, and the sleeve should extend about the. same distance down the
pin. For forty thousand volts an insulator 6 inches in diameter, and with
no sleeve, may be used. The weight and cost of insulators increases very
rapidly with increase of voltage. Good forty thousand volt insulators can
be had a-t 25 cents each; forty sixty thousand volts they would probably
cost about 75 rents; for eighty thousand it is estimated thev would cost
from $1.25 to $1.50.

In General.

The construction should be such as to leave no places for moisture to
•ollect, which is both dangerous to the insulators, and shortens the life of

1902 OF QUEEN VICTORIA NIAGARA FALLS PARK. 105

the structure. All is to be. made strong and solid, without the use of bolts
or ;:ny metal 10 draw the metal together, but by good workmanship and
the use of the abnye proposed framing.

Preservative and insulating paint is to be used on all exposed places,
worked by toils.

An angles are to be turned in curves made up of short 10 foot spans,
the angle between each span and the one preceding being not over 5 deg.
For instance, if a 14 deg. angle is to be turned, it should be made with five
poles ^nd four snort 10 foot spawns, the deflection at each of the three in-
termediate poles being 4 deg. 40 min.

In places where there are. likely to be excessive strains on pins and cross
arms, a? at entrances to switch and sub-stations, two or three poles should
be set clo-e together, having double cross arms, like the scheme shown by
exhibit D, or the device illustrated by exhibit H may be used instead.
This device has five pins and insulators on ea«ch of the three bars, two of
which are supported at the ends of regular cros^ arms, and the other at the
tops of the two poles. The structure is braced so as to be very rigid.

Ther ■ should be no abrupt angles in a vertical direction. Where the
profile of the ground has s^am rises and descents, a judicious use of differ-
ent lengths of piles and proper selection of places to set them will avoid
bad st-ain^.

Switch Stations.

Tim junction points of the line must have buildings suitable for contain-
ing the automatic switches. These should be of fireproof construction, pre-
ferably of brick, or brick and steel, with iron roof.

A diagram of the connections showing the location of the switches is
given on exhibit F.

Inlets and Outlets.

The means of conducting the high-tension wires into and out of the
switch and sub-stations is a point requiring great care. An approved design
is shown by exhibit G. The opening in the wall is 30 inches square, and is
closed by panels of coiling. Through the centre passes a 6x0 inch paraffined
oak bushinc, 4 feet long, carrying two concentric glass tubes, which in turn
carry the conductor. Thi= bushing must be entirely covered by a hood
which will protect it from snow and rain, the wires entering from below.
No metal should be used except in fastening the ends of the ceiling at the
elge of the panel.

Switches.

The switches recommended for the junction points are of the oil im-
mersion type, singe polo, and are best erected in separate masonry compart-
ments built along the ends of the junction house upon the floor level.

Tim cost of th^se switches would probably be about $1,500 for the num-
ber require! in ea r h switch station.

Kec mmendations by

L. L. AND P. N. NTTNN.
April 27, 1903.
8 N F.

100 REPORT QUEEN VICTORIA NIAGARA FALLS PARK. No. 6

We estimate the cost of const meting a transmission for twenty thou-
sand horse-power, at sixty thousand volts, of No. 00 B. & S. guage copper,
at 15 1-2 cents per pound (the present market price), as above outlined, not
including cost of right of way and surveying, presuming nothing dutiable.

PER MILE OF DUPLICATE TRANSMISSION, $3,600.00.

The maintemv ce of such a transmission, including replacing poles
every t'ft en y nrs, not including fixed charges or interest on investment,
should not exceed,

PER YEAR PER MILE OF DUPLICATE TRANSMISSION, $125.00.

S?C

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