"WHEREAS the Treaty of Friendship, Commerce, and Consular Rights concluded between the United States and Norway on June 5, 1928, and the additional article thereto, signed on February 25, 1929 (47 Stat. L. [pt. 2] 2135), provides for the jurisdiction of Norwegian consular officers in the waters and ports of the United States over controversies arising out of the internal order of private vessels of Norway and for the enforcement of discipline thereon by such consular officers; and

"WHEREAS due inquiry has been made of the Norwegian Government, and an answer has been received containing satisfactory assurances that provisions similar to the provisions of the said act for the execution of said treaty have been made and are in force in Norway;

"Now, THEREFORE, I, FRANKLIN D. ROOSEVELT, President of the United States of America, do hereby proclaim that provisions have been made to that effect by Norway and declare the aforesaid act approved June 11, 1864, as amended (U. S. C., title 22, secs. 256258) to be in force as to Norway.

“IN WITNESS WHEREOF. I have hereunto set my hand and caused the Seal of the United States of America to be affixed. "DONE at the city of Washington this 8" day of April, in the year of our Lord nineteen hundred and thirty-eight, and [SEAL] of the Independence of the United States of America the one hundred and sixty-second.

The Minister of Panama at Washington informed the Secretary of State by a note dated April 13, 1938, that the instruments of ratification by Mexico of the convention of the Postal Union of the Americas and Spain, the final protocol and regulations of execution of the convention, the provisions relative to the transportation of mail by air, the parcel post agreement and final protocol, and the money order agreement and final protocol, signed at Panama on December 22, 1936, were deposited with the Panamanian Government on October 21, 1937.

See Bulletin No. 102, March 1938, p. 74; texts of convention and parcel post and money order agreements, 50 Stat. (pt. 2) 1657, 1696, 1708.

PUBLICATIONS

CONVENTION ON INTERCHANGE OF PUBLICATIONS

El Salvador

The Director General of the Pan American Union informed the Secretary of State by a letter dated April 4, 1938, that the instrument of ratification by El Salvador of the convention on interchange of publications, signed at Buenos Aires on December 23, 1936, was deposited with the Union on April 1, 1938.

TELECOMMUNICATIONS

INTERNATIONAL TELECOMMUNICATION CONVENTION (TREATY SERIES, No. 867) 10

French colonies

The American Embassy at Paris transmitted to the Secretary of State with a despatch dated April 4, 1938, a copy of the Journal Officiel, of March 30, 1938, which publishes a decree dated March. 26, 1938, by which the international telecommunication convention, signed at Madrid on December 9, 1932, is made applicable to the French colonies.

Norway

The Spanish Ambassador at Washington informed the Secretary of State by a note dated April 2, 1938, that the Norwegian Government had notified to the Spanish Ministry of State its approval of the general radio regulations and the additional radio regulations annexed to the international telecommunication convention signed at Madrid on December 9, 1932.

TRANSIT

CONVENTION ON THE PAN AMERICAN HIGHWAY (TREATY SERIES, No. 927) 11

El Salvador

The Director General of the Pan American Union informed the Secretary of State by a letter dated April 4, 1938, that the instrument of ratification by El Salvador of the convention on the Pan American Highway, signed at Buenos Aires on December 23, 1936, was deposited with the Union on April 1, 1938.

See Bulletin No. 101, February 1938, p. 50.

10 See Bulletin No. 102, March 1938, p. 74; text of convention, 49 Stat. (pt. 2)

"See Bulletin No. 100, January 1938, p. 27.

MISCELLANEOUS

CLAIMS

CONVENTION BETWEEN THE UNITED STATES AND CANADA FOR THE ESTABLISHMENT OF A TRIBUNAL TO DECIDE QUESTIONS OF INDEMNITY AND FUTURE REGIME ARISING FROM THE OPERATION OF A SMELTER AT TRAIL, BRITISH COLUMBIA (TREATY SERIES, No. 893)1

Because of the insistent demands from the residents of Stevens County, Washington, for redress for the damage done their crops, etc., from the fumes emanating from the stacks of the Consolidated Mining and Smelting Co., at Trail, British Columbia, the matter was referred by the United States and Canada to the International Joint Commission for investigation and report. That report was rendered in 1931.

By a convention signed April 15, 1935, the two Governments resolved to constitute a tribunal to pass upon the questions arising out of the controversy. The chairman of the tribunal was Jan Frans Hostie, a jurist from Belgium. The other members were the Honorable Charles Warren, of Massachusetts, and Judge R. A. E. Greenshields, of the Province of Quebec.

The tribunal convened at Washington on June 21, 1937, for organization, adoption of rules of procedure, and hearing of preliminary statements. In the early part of July it traveled over and inspected the area involved in the controversy in the northern part of Stevens County in the State of Washington and also inspected the smelter plant at the Consolidated Mining and Smelting Co. at Trail, British Columbia. It held sessions for the reception and consideration of evidence, oral and documentary, at Spokane, Washington, Washington, D. C., and Ottawa, Ontario, Canada, extending from July 7 to October 19, 1937.

An ad interim decision has now been rendered in which a monetary award of $78,000 has been made to the United States. This, with a previous sum which the Department of State received from Canada, brings the total sum for damages down to October 1, 1937, to $428,000. The tribunal found that the controversy was one between the United States of America and the Dominion of Canada, involving damage occurring in the territory of one of them by an agency situated in the

1 See Bulletin No. 87, December 1936, p. 18.

territory of the other, for which damage the latter has assumed by the convention an international responsibility.

The technical data used by the United States in presenting its claim was obtained by scientific experts from the Department of Agriculture who visited the area intermittently from 1924 on and conducted a variety of experiments. The results of their prolonged investigations and experimentations were presented by the agent of the Government of the United States to the tribunal in elucidating the very intricate technical points contended by the United States.

In the course of its deliberations the tribunal found that approximately 300 to 350 tons of sulphur were being emitted daily in 1930.

There were three questions presented to the tribunal for determination. The first question was: "Whether damage caused by the Trail Smelter in the State of Washington has occurred since the first day of January 1932, and, if so, what indemnity should be paid therefor?"

The tribunal found that damage had so occurred and made an award of $78,000 for such damage from January 1, 1932, to October 1, 1937, with respect to damage to cleared land and uncleared land, and uncleared land used for timber. The United States, in addition to the claim for damage to land and timber, asserted damage in respect of livestock, damage in respect of property in the town of Northport, and damages in respect of business enterprises. But the tribunal. failed to uphold the contention of the United States that damage had occurred to these properties.

The United States also laid stress on the damage in respect to the wrong done the United States in violation of sovereignty, and, without pressing any punitive damages therefor, did put forward the expenses incurred in the consideration and presentation of this controversy for a period from January 1, 1932. The tribunal was of the opinion, however, that it was not within the intention of the parties in negotiation of the convention to include such moneys expended. The award is to carry interest at the rate of 6 percent from the date of filing of the report until date of payment.

The second question which the tribunal was asked to rule upon was: "In the event of the answer to the first part of the preceding question being in the affirmative, whether the Trail Smelter should be required to refrain from causing damage in the State of Washington in the future, and, if so, to what extent ?"

The tribunal decided that until the date of its final decision the smelter should refrain from causing damage in the State of Washington in the future to the extent set forth in a temporary regime provided for in the decision until October 1, 1940, and thereafter to such an extent as the tribunal should determine.

The third question was: "In the light of the answer to the preceding question, what measures or regime, if any, should be adopted or maintained by the Trail Smelter?"

The tribunal was of the opinion that with the information at hand it was not able to determine upon a permanent regime for the operation of the smelter. However, it did set forth in detail a temporary regime which was to be put into operation by May 1, 1938, to cover the remainder of the crop-growing season of 1938, the crop-growing seasons of 1939 and 1940, and 3 months beyond October 1, 1940. This temporary regime is to be under the technical supervision of two experts who will act as consultants to the tribunal and be under its authority. As a part of the regime it is provided that for the entire period until October 1, 1938, the sulphur dioxide recorder which measures the sulphur content of the air shall be continuously operated. When, between the hours of sunrise and sunset, the sulphur dioxide concentration exceeds one part per million for three consecutive 20-minute periods, and the relative humidity is 60 percent or higher, the smelter shall be immediately notified, and the sulphur emission from the stacks of the plant maintained at five tons of sulphur per hour or less until the sulphur dioxide concentration at the recorder falls to 0.5 parts per million. The regime, however, is intended to be elastic and under the complete control of the tribunal. The expenses for this temporary regime will be undertaken by the Dominion of Canada.

EXHIBITIONS

CONVENTION CONCERNING ARTISTIC EXHIBITIONS (TREATY SERIES, No. 929) 2

El Salvador

The Director General of the Pan American Union informed the Secretary of State by a letter dated April 4, 1938, that the instrument of ratification by El Salvador of the convention concerning artistic exhibitions, signed at Buenos Aires on December 23, 1936, was deposited with the Union on April 1, 1938.

2 See Bulletin No. 102, March 1938, p. 76.