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Show -70- the Atlantic to the Pacific. In the preceding year (1908) a strict boundary treaty had been concluded which, for the first time in the history of the two countries, either definitely established or fully provided for determining the precise location of the 2195 miles of this boundary line lying in the waters of Passamaquoddy Bay, the rivers St. Croix and St.. Lawrence, Great Lakes, and numerous lesser rivers and lakes, before reaching its end through the straits of Haro and Juan de Fuca, at the Pacific Oceane153 In the Root-Bryce treaty The strict boundary treaty of I9O8 appears in 35 Stat. at L. 2003, 1 Malloy's Treaties, 815« This treaty was supplemented by the Passamaquoddy Bay Treaty of May 21, 1910, 36 Stat. at L. 21+77., 3 Malloy's Treaties, 26l6. The great >water rights treaty, 36 Stat. at L. 2l+!+6, 3 Malloy's Treaties, 2607, became effective by exohange of ratifications on May 5* 19^0* during the ad- ministration of President Taft and Secretary of State P. C* Xncx. It had been formulated, however, during the administration of President Roosevelt with Elihu Hoot acting both as Secretary of State and official envoy of the United States in the negotiations with James Bryce, Ambassador Extraordinary and Plenipotentiary at Washington for Great Britain. By its terms the treaty is to be effective for five years from the date of exchange of ratifications "and thereafter until terminated by twelve months' written notice given by either High Contracting Party to the other." Its preliminary Article contains the following? ". • .Boundary waters are defined as the waters from main shore to main shore of the lakes and rivers and connecting waterways, or portions there- of, along which the international boundary between the United States and the Dominion of Canada passes, including all bays, arms, and inlets thereof, but not including tributary waters which in their natural channels would flow into such lakes, rivers, and waterways, or waters flowing from such lakes, rivers, and waterways, or the waters of rivers flowing across the boundary." A_rt. I provides that navigation on all the navigable boundary waters "shall forever continue free and open for the purposes cf commerce to the in- habitants and to the ships, vessels, and boats of both countries equally" subject to consistent local laws and regulations; and that "this same right of navigation shall extend to the waters of Lake Michigan and to all canals con- necting boundary waters, and now existing or which may hereafter be construct- ed, on either side of the line»" As to canals, either country may adopt rules and charge equal tolls. Tn Art. II each nation "reserves t'o itself or to the several State Govern- ments on the one side and the Dominion or Provincial Governments on the other as the case may be, subject to any treaty provisions now existing in respect thereto, the exclusive jurisdiction and control over the use and diversion, whethe r temporary or permanent, of all waters on its own side of the line which in their natural channels would flow across the boundary or into boundary v/aters j but it is agreed that any interference with or diversion from their natural channel of such waters on either side of the boundary, resulting in any injury on the other side of the boundary, shall give rise to the same rights and entitle the injured parties to the same legal remedies as if such injury- took place in the country where such diversion or interference occursj but th-is provision shall not apply to cases already existing or to cases ex- pressly covered by special agreement between the parties hereto. It is under- |