Prof. Weil. I made two objections to it, one the location with regard to the main manufacturing industry of the town.
Mr. Tawney. How would it affect this salt industry?
Prof. Weil. I have tried to explain how it might affect it. I think you will appreciate that all I have said is tentative. I have explained that the company has gone to a very large expense to do what, in so far as I know, no other salt company in the world is doing—filter all the water that goes into the beds and into its plant and sterilize the brine. Now, the location of this plant in the immediate vicinity of the salt works might have a very bad effect, so far as impression is concerned.
Mr. Tawney. Sentimental?
Prof. Weil. Not at all; but actual physiological and psychological effect.
Another point I tried to bring out was that it divided the town into two districts, when in my opinion it would be to the advantage of the town to have this proposed plant for purifying located on the outskirts of the town.
There is one question that I would like to ask now: Is it likely to be the recommendation of the commission in furtherance of what you have cited in regard to the treaty that these things shall be carried out even if they constitute a hardship on the particular ownership, municipality, or village?
Mr. Tawney. That depends altogether upon whether the sewage which they are discharging crosses the boundary and constitutes what the treaty describes as an injury to health or property on the other side. If it does, it would have to be prevented, or else the treaty obligations between the two nations would be violated. Of course, if the water beyond the boundary is not polluted at all by reason of the discharge of raw sewage on either side, then the discharge of that sewage would not be in contravention of the treaty; but if it crosses the boundary into another country to the injury of the health or property of the people of that country, it would have to stop or the two Governments would have to rescind or enforce their treaty obligations. It would be a question of fact as to whether or not the pollution extends across the boundary to the injury of the health and property of the people on the other side. If it does it would have to be stopped, no matter what expense might be imposed on the people who are offending against this provision of the treaty. That is my interpretation of the provisions of the treaty, and I think it is the interpretation of the members of the commission generally.
You can readily understand and appreciate the position that this commission is in. We are created an international tribunal for the purpose of carrying out the provisions of a treaty which has been entered into by two great countries. There will be no hardship imposed upon any community if that community is not offending against the provisions of the treaty. If the people of any community are offending against the provisions of the treaty, they will have to take some means of preventing that which constitutes a violation of the treaty. I do not say that St. Clair is doing that, but if the conclusion of the commission should be that that is a fact with respect to St. Clair, it would have to adopt some method for the treatment of its sewage.
Prof. Weil. Then, what is the object of this meeting?