CIHM ICMH IVSicrofiche Collection de Series microfiches (Monographs) (monographies) Canadian Instituta for Historical IMicroraproductiona / Institut cana Jian da microraproductions historiquas Technical and BJIographic Notes / Notes techniques et bibllographlques The Institute has attempted to obtain the t)est original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming are checked below. D D n D D D D n CokHjrsd covers / Couverture de couleur Covers damaged / Couverture endommagte Covers restored and/or laminated / Couverture restaurte et/ou pellicuMe Cover title missing / Le titre de couverture manque Coloured maps / Cartes g^raphiques en couleur Coloured ink (i.e. other than blue or black) / Encre de couleur (i.e. autre que bleue ou noire) Cotoured plates and/or illustrattons / Planches et/ou Illustrations en couleur Bound with other material / Reli6 avec d'autres documents Only editton available / Seule Mition disponible Tight binding may cause shadows or distortion atong interior margin / La reliure serrde peut causer de I'ombre ou de la distorsion le long de la marge int^rieure. Blank leaves added during restorattons may appear within the text. Whenever possible, these have been omitted from filming / II se peut que certalnes pages blanches ajout^es lors d'une restauration apparaissent dans le texte, mais, lorsque cela dtait possible, ces pages n'ont pas 6\6 filmtes. Additional comments / Commentaires suppl^mentaires: L'Institut a mk:rofllm« le meitleur exemplaire qu'il iui a «t6 possible de se procurer. Les details de cet exem- plaire qui sont peut-«tre unkjues du point de vue bibii- ographkiue. qui peuvent modifier une image reproduite. ou qui peuvent exiger une nfK)difk»tk>n dans la m«tho- de normale de filmage sont indk^ute ci-dessous. I I Cotoured pages/ Pages de couleur I I Pages damaged/ Pages endomnfwgtes n Pages restored and/or laminated / Pages restaurtes et/ou pellk:ul4es r~rk Pages discotoured, stained or foxed / L^ Pages dteolor^es, tachet^es ou pk)utes I I Pages detached/ Pages d6tach«es I y/j Showthrough/ Transparence I I Quality of print varies / n D Quality in^al<* de I'impresston Includes supplementary material / Comprend du materiel suppi^mentaire Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image / Les pages totalement ou partiellement obscurcies par un feuillet d'ensta. une pelure, etc., ont 616 filmtes k nouveau de fafon k obtenir la meilleure image possible. Opposing pages with varying colouration or discok>uratk)ns are filmed twk» to ensure the best possible image / Les pages s'opposant ayant des colorations variables ou des decolorations sont film^s deux fois afin d'obtenir la meilleure image possible. TMs Ham Is fibnMl at tlw r*duetion ratio dMCkMl batow / Ca doeumant aat (Hin« au taux da rMuetion Indiqu* eMaaaoua. lOx 14x 18x 22x 26x 30x / 12x Ite 2Qx 24x 2ax a9« Th« copy fllflMd h«f« haa bmn raproducad th^ilu to tlw 99n9»—ifi «f'- Matioiuil Library of Canada Tha ima9M appaarwg hara ara tha *r« «i;«»«J' poMiMa eooaidarinf tha condition and laflibiMiv of tba arifinal ooov an** '" heaping wiUi tha filmtos eontraat apaaif Jcaoona. Original eopiaa in printad papar co^ara flimad baainnina with iha front eowar and amUng on S7 taa! ^ with a printad or ill«.tratad .mpraa- S?n. or tlTbaek cowar whan appropnata. AM otti original eopiaa ara filmad baginmng on • SSTpS^iJihVprlnt^i or Hluatratad Impraa- 2S.?S lining in tha ft paga with a printad or iUuauatad Impraaaion. Tho laat racordad frama on aach «"««o«?J? •haU contain tha •vmhol — ^ ""•*"•;• .SS"! T1NUCD"). or tha •ymtool V tmoaning 6NO I. whtehawar appliaa. Mapa. plataa. chart*, ate. may ba flimad at SSSim raduction ratio.. Thoaa «oo larga to ba •ntiralv includad in ona anpoaura ara flimad ginning in tha -PP-r laft hand cornjr laft to right and top to bonom. a* •"•"^ .«'•""•• •• rMiuirad. Tha following diagram, illuatrata tha mathod: L'«Mmptok« tVitii* fyt r«»roduit v^^ * >• 9«n4ro«it« d«: Biblioth^qu* national* du Canada Lm imaga* tuivama* am «t« raproduitat avac la piMa grand tain, eampta tanu da la canditien at da la nanatd da I'aaamplaira film*, at an eanfarmit* &v99 laa aanditiona du eanwat da Us wamplairaa originaua dam la eauvartura w papiar aat imprimda sont filmas i* commandant par la pramiar plat at an tarminant aoit par la darnidra paga oui comporto una amprointa d'impraaaion ou d'iUuatration. soit par la Mcond plat aalan la ea*. Taua laa autraa aaamplairaa originaua aont fUmda an commandant par la pramidro paga qui eemporto una amprainta d'impraaaion ou dIHuauation at an tormmant par la domidra paga qui eomporto uno toUa amprainta. Un daa aymboloa suivanta apparaltra aur la darnidra imaga da «»»^»^,!"'5;»Su'I5Jlf ''1 caa: la aymboio •^' algnifla A SUIVRi . la •ymbolo ▼ aignifio "PIN ". Laa canaa. nlanehaa. taOlaaua. ate. pauvant itra filmda d daa taua da rdduetion diffdrantt. Loraoua la doeumant aat trap grand pour dtra raoroduH an un aaul clichd. il aat fllmd * partir da I'angla aupdriaur gaucna. da gaucha a droita. at do haut on boa. i* pranant la nombra d'imagaa ndeoaaoiro. 1^ diogrammaa auivanu Uluatront lo mdthodo. 2 3 S 6 ••ewcow nwumoN tbt cnait (ANSI and ISO Tf ST CHART No. 2) 1.0 1.1 1.25 U Urn 25 2.2 2.0 Jil 11.6 ^ -^PLIED IN/HGE Inc IMJEort Moin Str«l " " (^16) 2*8 - -Phon. ■Fnt f9n^Tyy)A^tJ J^^i^'T INTERNATIONAL "JOINTS*' COMMISSION PROCEEDINGS PIUVATELY PRINTBD X916 Utf6Ul«82 The Native Lady who was behind the conspiracy to wreck the Tootles z ^mum The followmg dispatches to the Rainey River Herald are presented by way of in- troduction to the Report of the INTERNA- TIONAL "JOINTS" COMMISSION upon the wreck of the S. S. Tootles: RAINY RIVER HERALD SPECIAL FROM WARROAD September ytb, 1915. Much interest was shown at the hearing of the International Joints Commission begun here today. Congressman Steenerson's glowing description of the sand beaches along the South shore of the Lake of the Woods was very fine. A very sharp tilt took place between Dr. Parker of Warroad and Com- missioner Powell, in which the latter's knowledge of bugs and his marvelous arithmetical rapidity in computing millions of bacterial count per centimetre brought great confusion to the doctor. The Commission will conclude tomorrow and then on to a session at International Falls. TELEGRAM FROM INTERNATIONAL FALLS September iitb, 1916. The Lake of the Woods hearing was closed here this morning. The Com- mission left this afternoon accompanied by their 43^3? International "Joints" Commission staff and a large company of lawyers and engin- eers. They are proceeding down the river on board the 5. 5. Tootles; will arrive at Rainy River early this evening and take steamer to Kenora tomorrow. The following is the pas- senger list: G)mmissioners Gardiner, Tawney, Magrath, Powell and Mignault. Secretaries Burpee and Klutz. Engineers White, Meyer, Stairs and Stenographers Reik and Johnson. Lawyers Wyvell, Rockwood, Oimpbell and Birkman. 8 p. m. A telegram has just been received that the Tootles was wrecked at 7 p. m. at Rocky Point on the American shore just above Manitou Rapids — no particulars as to casualties. 10 p. m. No further word from the Tootles. Great and increasing anxiety. It is learned from Emo that a man named White, one of the sur- vivors, accompanied by an Indian, arrived there by canoe, and is trying to secure assistance to remove the passengers from their dangerous position and in the meantime to send them sup- plies. It seems that the Tootles carried no grub or other refreshments. White has given a very incoherent and excited account of the wrecL No accurate particulars can be obtained. r' International "Joints" Commission Special Fmm Warroao Telegram From Internatk»ial Falls Special to the "Heraia" Emo, iimw p. m. It is beginning to rain and great anxiety is felt here. Some of the passengers are old and infirm. Special From Winnipeg, Midnight News of the total loss of the Tootles with all her passengers and crew was received here some hours ago. It has caused no excitement. The name of only one Winnipeg man appears in the list of passengers and he is quite an obscure per- son. The loss of the G>mmission is not regretted. We have several men ready to take their places. Special From Emo, a:oo a. m. It is ascertained that the man White and the Indian were accompanied by a young engineer named Stairs. This gentleman has given the first intelligible report of the wreck yet given out. It would now appear that there are hopes of saving all the passengers. Special From Emo, 4:00 a. m. The whole of the Tootles' crew and passengers are safe. International "Joints" Commission INTERNATIONAL^JOINTS" COMMISSION CANADA; UNITED STATES: Chief N«-May.Pbck. ^ Dr. Ebenezer Parker. Chainnan Chairman "Bench-mark" Kennedy "Low-water" Marachalk E. Welcome Backua Zechaiiah Zippel Report of Im-ESTicATioN into the Alleged Conspiracy in Connection wna ^he Wreck of the S. S. Tootles. The invest^ation was opened in Hungry Hall in the Town ot Rainy River, on Friday, the 31st day of September, 1915, at 6:30 o'clock A. M., all the members being present. Chief Na-May- Pock presiding. Owing to adverse conditions of space and atmosphere, the meeting was adjourned to a convenient meadow on the banks of the Rainy River. At the courteous request of Chief Na-May-Pock, who pleaded an insufficient fam- iliarity with the idioms of the English language. Dr. Ebenezer Parker took the Chair. The Chairman: Gentlemen, it gives me peculiar pleasure to preside on this auspicious occasion. No one could be more exquisitely alive Chief Na.May.Pock, Chairman of the Commission ( — ^■-iE.-.tja^-.:,^--^ r> International "Joints" Commission to the gravity of the investigation with which my honourable colleagues and myself have been charged by our respective governments. You are all aware of the startling calamity of the early days of this month, which resulted in the wrecking on the banks of this historic stream of the palatial steamer Tootles. Certain aspects of that dis- a8..-ous circumstance, however, have remained up to the present wrapped in impenetrable mys- tery. It is the object of this investigation, and the solemn duty of this august body (ahemO to tear away the veil of obscurity and expose the naked details of the tragedy. It would be premature to suggest the lines which this enquiry should take, or the variety of interests involved. Let it be sufficient to point out that the question is an international one, and that no bounds may therefore be placed upon it.' ramifications. The Commission is con- scious, supremely conscious, of the burden of responsibility resting upon its collective shoulders, and determined to leave no stone unturned under which may be hidden a clue to this mysterious occurrence. Whatever the mconvenience to it- self, whatever the cost to the two Governments, it is determined to sit here at all hazards until every knot in this tangle has been untied; until every germ has been tracked to its lair in the polluted waters of the Rainy and compelled to Intbunational -JoiNTi" Commission give up hs gttiky teoet; until the accumulated wngiit of mete(m>logicaI, bacteridogical, hydro- logical, agronomical and piscatorial data hat beaten down the defences of this mmistrous secret and forced it to an unconditional surrender. With these few shnple remarks. I will ask the Secretaries to read the official Reference. The Secretaries thereupon read jointly the following: Sirs: I have the hove the soids, and that the befwe-mentimwd steamship did ac- tually become wrecked, foundered, lost or mislaid, and that there were contributory or other causes leading up to w accom- panying the sakl catastrophe, who are the parties reqwnsible therefor, and in what manner and to what extent shaD their mis- deeds be brought home to them and suitably and appropriately recognized unbtx the prin- cipals of International Law. The Chairman: You have heard the terms of the Reference, and you will I am sure agree with me that it presents one of the most important and delicate issues ever submitted to an Interna- tional Judicial Tribunal. We are required to find and identify a certain steamship named the Tootles, if such a vessel in fact exists. We are also charged with the duty of finding, if possible, a certain allcgwl sunken reef; and of showing the connec- tion, if any, between the said vessel and the said reef. We must ascertain if there were any, and Intbknational "JoiNTi" Commission if to what, cauaci to which the alleged wreck might be attributed; and finally we are to de- termine who, if any, were the parties behind the causes; what were their motives, if th^ had any; and how and to what extent their motives and acts may be adequately and impartially rec- ompensed. I may say that the members of the Commission have made a preliminary examination of the heut in ftio, and are now prepared to hear the testimony of all interested parties. I will first of all call for the appearances. Thereupon the following »ppaLnnoe$ w«re entered: Hwi. Hellfor Steenerson, representing the Rainy River High Water Association. Hon. Frank S. Streeto*, representing the Lords Day Alliance of Baudette. Frank H. Keefer. K. C, representing the International Fishermen's Protective Association. Manton M. Wyvell, representing the Caviar Trust. Sir Isaac Campbell, K, C M. C, representing the Department of Indian Affairs. Major C S. Maclnnes, ex-K. C, representing the Rainy River Sanitary Survey. C. J. Rockwood, representing the I. W. W. S. H. Y. Berkman, representing Himself. Arthur V. White, D. Sc, Lecturer on Water Nfarks. 10 Intbrnational ** oiNTs" Commission Adolph F. Meyer, Ph. D^ Professor of Uchen- (Jogy. Ths Chaimian: 7. ksm from my collesgue. Chief Ns-Msy-Podc, that one of the prindpsl witnesses, Mr. TsngcnHoopU, of the Rainy River Chippewa Reserve, has a pressing engagement of a ckMnestic nature. We will therefore call Mr. Tango*Hoo|^ as the first witness. The Secre- taries will call 'n the Official Interpreter. The witness being duly sworn, Chiif Na-May-Pock: Tahw evah uoy ot yas la ot dit toejbus rettam fo siht noitagitsevni? The Chairman: Pardon me, Chwf, but might it not be better to have both questions and answers put into English, for the benefit of those who are not altogether familiar with Qiip- pewa? Chief Na-May-Pock: Long before the Wh:;« Man polluted this land of the Western Sun the tongue of the Red Man was heard around the Council Fire. Nevertheless, let the Interpreter speak. The Interpreter thereupon put to the witness the question as to what knowledge he had of the matter under investigation, and translated the following str.tement: Tango-Hoopla: One night my fri<>nd Man- with-the-Wooden-Smile and I go fishing in the Manitou. We have no luck, only seven pike. II iM International "JoiNTt" Co MMI88ION We ate paddle back to the Reserve when we hear White Man's yell over the water. Knowing the White Man's ways, we think only one big spree. Then they say "Hel-Iupl Hel-Iupl" So we paddle over to see what they got. There's a boat on the rocks, filled with White Men, old chiefs and young braves, so many they swamp the boat. They saj^ 'Take us ashore and we give you much money, we make you rich mens." We say "AU right." So we put them on shore, all but two or three foolish ones, they say "We stay with the ship." So the boat she swing round to the rapid; then she swing in shore and strike a big rock; the screw snap and go to the bottom; and those foolish ones jump on shore with the others. We wait around for much money, but the white chiefs don't seem have no money. They say, "you take our man Wite to Emo for get hel-Iup, and we give you money." So we start for Emo. Then they call us back. They say, "you got fish? Give us fish and we give you some money." So we hold fish in one hand till we get money in the other. Then we paddle up to Emo. We leave the white me^ssenger there, and come back to watch the mad White Men. They build heap big fire, foolish man's fire. One puts the fish in the fire; another pulls it out and yell "Damn!" Some eat the fish. (Exhibit C) One old Chief, they call him "Taw-Nee," send young brave to 12 IN re « >g io a d P e i International "Joints" Commission the boat to get fire-water. Young brave don't get any fire-water. Big Chief say not good for young man, so drink all himself. (Exhibit E.) Then Chief Taw-Nee lead dance round camp- fire, and sing queer songs, "Hole-in-bottumela- sea" and "Wont-be-homel-morling" and some- thing about "Lidapinkum." (Exhibit B.) Other big chiefs wont sing, only young braves join in chorus. Other chiefs sit on logs and look glum. One Very Big Chief go ofiP and sit by himself in boat and say nothing. Byum bye it get very late, and Wh' .e Men get very tired. They say "Damn this River r' and go sleep on pile of logs. Some smoke pipe. Others have no pipe, so cicion; and this Court has not forgotten the sinister significance of your attempt to discredit the testimony of a reputable citizen <^ Warrroad; a citizen, sir, whom — whom — (Voice from the background): All Bacteria delight to honour. The Chairman: Arrest that man Mignault for contempt of Court. (To witness): No, sir, this Tribunal will be just to you — that is to say, just within reasonable limits; but it will not be lenient — no, I am inclined to think you could not properly describe its attitude as lenient. Now, sir, in this matter of the wreck of the TootUs Mr. Steenerson: I protest, your Honour. This is my witness, and I claim the right to ex- amine him. The Chairman: Put your motion in writing, Mr. Steenerson, and the Commi& ies of vour Blue Nose Bench. Stick to th point, sir, siu k to the point. To what do j 'U attribute che alleged loss of the steamship Tocr '•>? Mr. Powell: Well, sir, to put it succinctly, I am somewhat inclined to the view that the suppositious wreck of the so-called steamship Tootles, somewhere in the neighbourhood of the Rainy River, or to be strictly accurate, within the Lake of the Woods drainage basin, is a matter as to which, while there may be certain circum- stances leading to more or less dubious, or one might say questionable, conclusions, such as the presence of barnacles on her keel, as to which there is said to be an affidavit filed in the State Department at Washington (Exhibit M), still, looking at the matter from a strictly impartial and judicial standpoint, and taking into consider- ation the tonnage of the ship, the pressure on her boilers, the condition of her air-tight compart- ments, her serious list to port, the mental state of the pilot, the physical condition of the crew, the peculiar meteorological phenomena mentioned in the before-mentioned affidavit, the stage of water in the river, the agitating effect of a well- n I i 1 i i rl ! I International "Joints" Commission defined high water mark on some of the pas- sengers, and the presence of B. Coli The Chairman: Let me interrupt you there, Mr. Powell. You have raised an extremely in- terestmg point. There has been a strong sus- picion in -IV mind that this man B. Coli had somethmg to do with the plot. Now, let's get down to tacks. What do you know about the man Coli? Mr. Powell: The man who? The Chairman: Let me warn you once more, Mr. Powell, that you are here under oath, and also under suspicion. Be careful how you trifle with me. Where did you first meet Ben- jamin Coli? Mr. Powell: I don't know what you mean. The Chairman: Oh, yes, you do. Answer me frankly. Am I not correct in stating that Coli has been associated with you in some of your very questionable operations around the Great Lakes? Mr. Powell: I deny it absolutely. The Chairman: You have the effrontery to deny it, sir. Will you tell me next that you have never heard of that collosal humbug the mvster- lous C. C? Mr. Powell: Do you mean Cubic Centi- meter? The Chairman: Ah, now we are getting 24 i I CO v3 ec (/} ii International "Joints" Commission something out of you. Kindly repeat that name; see that the Reporter gets it correctly. This is extremely important. You admit, sir, that you know this man; and yet you have the assurance to profess igno.,'ance of his guilty associate B. G>Ii. Do you dare to tell this Commission that you did not, in the year 1914, meet these two notorious characters at a certain point on the Detroit River, and about the same period, at a rendezvous on the Niagara River? Be careful, sir; remember once more that you are under oath. Mr. Powell: You must have tried to read the "Progress Report in the Pollution Investiga- tion." The Chairman: Never mind what I have been reading. Perhaps I am familiar with that classic document, and perhaps I am not. What do you mean, sir, by "tried to read"? Do you dare to suggest that anything contained in that or any other report would be beyond my com- prehension? I would have you know that I am a reputable practitioner. There is not a case of Typhus in the Warroad district for a generation past that I am not perfectly familiar with. Why, sir, I have isolated a Typhus under conditions — but let that pass. Go on with your evidence. What have these men B. Coli and C. Centimeter to do with the — ^what do you call it —"Progressive Pollution Report"? 45 imimBMtUiSSM International "Joints" Commission ; Mr. Powell: It is somewhat difficult to answer your question in its prejient form. What you mean is The Chairman: How dare you suggest to me that I do not know what I mean. I am free to say, sir, that you a^e a most unsatisfactory witness. You shall hear from me again. Mr. Steenerson, you may take this witness. Mr. Steenerson: Wliat have you to say, Mr. Powell, as to the effect of the wreck of the Tootles, the wave action set up by the frantic efforts of the crew to extricate the vessel from the clutch of the Manitou, upon the valuable sand beaches of the Rainy River? (Exhibit L.) Mr. Powell: I don't quite follow you. You mean Mr. Steenerson: Oh, well, let that pass. You are of course aware that one of the most valuable assets of the Rainy River as a tourist resort is the existence and preservation of its splendid sand beaches on the American shore immediately above the Manitou Rapids. Now, don't interrupt me. I take it for granted that you at least admit the existence of these mag- nificent beaches. Well, then, if, as I am firmly convinced, and can prove to the satisfaction of the Court if sufficient time is given me, these extensive beaches have been practically destroyed by and through the wreck of the Tootles, have in a6 International "Joints" Commission fact been undermined and washed away by wave action set up by the propeller of that steamer, you will of course admit that the people of my G>ngressional District have a right to demand that either these beaches be restored to them, or that ample compensation be furnished. I have no further question to put to this witness. Mr. Kennedy: Mr. Powell, I should like to have your opinion, as an expert, on the effect of lichen growths (Exhibit P) on the hull of the Tootles, in bringing about this regrettable catas- trophe. Would you or would you not say that these growths, so clearly defined immediately above the high water mark on the hull of the Tootles (Exhibit J), were a material factor in so lowering the draft of the ship that at the psy- chological moment she came to grief on this alleged reef not far from the American shore and immediately above the Manitou Rapids? I hope I have made myself clear. (Exhibit N.) (The witness having fainted, was carried to the Rainy River Hotel, where restoratives in the shape of whiskey and red pepper were administered with gratifying results.) R. P. GLENN called and sworn. The Chairman: What is your occupation, Mr. Glenn, your familiar avocation? Mr. Glenn: I am a Temperance Lecturer, iaiiiiiiiii International "Joints" Commi SSION li I Your Honour. Formerly I was Governor of North Carolina. (Sensation in the Court.) The Chairman: I do not think I could have ^ -ght the first part of your answer, Mr. Glenn. You said you had been Governor of North Caro- lina, and you are now a, what? Mr. Glenn: A Temperance Lecturer. The Chairman (severely): My dear sir. this IS no place for levity. Pray remember that you are dealing with a Commission, an International Commission, and reserve your ill-timed jests for a more suitable occasion. Mr. Glenn (earnestly): But I assure you, sir, I am a Temperance Lecturer, and a very busy one, too. (Exhibit E.) The Chairman: I think it will only waste our time to continue the examination of this witness. We are here to elicit facts, not absurd fictions. There have been Governors of North Carolina, and there have been Temperance Lec- turers, but any man who tells us he has been both had better go before a Lunacy Commission. We might as well waste our time over Dr. Cook. You are excused, Baron Munchausen. Call the next witness. C. A. MAGRATH called and sworn: The Chairman: You might take this wit- ness. Mr. Marschalk. I feel a little exhausted. 28 I g" s. If i! 'I International "Joints" Commission and will just run around the comer with the ex- governor of North Carolina. He's not much of a witness, but maybe he has not forgotten the famous question. Mr. Marschalk: We will not tempt you, Mr. Magrath, to follow a bad example by asking your occupation. We will assume that you are neither an ex-Governor of North Carolina nor a Temperance Lecturer. Now, we have had a lot of very interesting testimony since this investi- gation was opened, but we seem to have wandered somewhat from the point. Let us return to our sausages, as we say in Prussia. Give us in your own words, as briefly as possible, the actual cir- cumstances of the wreck of the Twites, that is to say if there is any such vessel, and if she was actually wrecked. Mr. Magrath: I do not know that I can add anything to the testimony of the previous witnesses. I may be wrong, I may be entirely wrong, but it seems to me that the wreck of the To<^les was the direct result of criminal reckless- ness on the part of one of the passengers named Kluttz, a fellow-countryman of yours, I believe, however, I may be wrong. Now this man Kluttz is an exceedingly corpulent person, and would persist in rocking the boat. I am unable to say why he rocked the boat, but I have an idea that he got a certain kind of amusement out of the 29 ^jbtm^mm. International "Joints" Commission !l'( exerciM. It kept his mind occupied, as it were. However, be that as it may, the effect on the pilot was disastrous. One could see him getting more and more nervous and excitable. He looked about constantly, and steered wildly. The Tootles swung 6rst to the Canadian shore and then to the American. You mi{;ht put it this way that, instead of following the proper channel she was diverted from her course. Under favourable circumstances it might have been merely "a temporary diversion" (I will not argue the point), but you will understand that the circumstances were not favourable, and so the div- ersion became "permanent." The case is curiously like that of the St. Maiy and Milk Rivers, with which I am somewhat familiar. On the other hand, I cannot see any anology between these diversions and the so-called temporary diversion of the St. Croix River. (Exhibit R.) There is a question in my mind Mr. Marschalk: I do not wish to interrupt you, Mr. Magrath, but I do not quite get the drift of your remarks. Do I understand you to suggest that if the Tootles had been wrecked on the St. Mary or Milk Rivers it would have been a per- manent diversion, but in the case of the St. Croix River it would have been only a temporary diver- sion? Mr. Magrath: O, no, you quite misunder- 30 I InTEKNATIONAL "JoiNTt" COMMIttlON •tand me. It is rather a technical point, and perhapa I can explain it more clearly on the map. (Map produced, and the witncM went into informal conference with the Commosioners.) 1'he Chairman: Mr. Marschalk, if you are finished with this witness, we wiU adjourn to 5 A. M. tomorrow. O. GARDNER called and sworn. The Chairman: What is your first name, Mr. Gardner? Mr. Gardner: Obadiah, Your Honour. The Chairman: Ah, a minor prophet in the days of Nebuchadnezzar? Mr. Gardner: Not on your life, an ex- Senator from Maine. The Chairman: Pretty much the same thing, isn't it? However, let that pass. What are you prepared to tell us as to the Rainy River plot? Mr. Gardner: I deny it, Your Honour, I deny it. Never heard there was a plot, and if there was, my hands are clean. I was a per- fectly innocent bystander. Spent a pleasant evening on the banks of the Rainy River with some friends. Never got within a hundred miles of the plotters. I can prove an alibi, double- rivetted, warranted to stand any sort of rough usage. No, sir, you don't drag this old bird into 3i riiiiliiifiiiiiliiiiiliilj m International "Joints" Commission Try my frisky any plot. I come from Maine. friend from Montreal. The Chairman: All in good time, Mr. Gardner, all in good time. Major Maclnnes, I understand you have some questions to put to this witness, on behalf of the Rainy River Sanitary Survey. Major MacInnes: Yes, sir. (To witness): You are, I understand, Chairman of the Select Committee on the Pollution of International Waterways, are you not? Mr. Gardner: Not quite, but you've made a pretty close guess at it. Let it go at that. Major MacInnes: Now, Mr. Gardner, there is a feature of this present investigation which has not as yet been touched upon; that is, the eflFect of the pollution of the Rainy River by Hemical and other refuse upon the course of the '. ootles. There seems good reason to suppose that the increased density of the water from these causes had not a little to do with the mis- calculation of the pilot as to the exact moment when he should make his landing, and therefore contributed to the ultimate catastrophe. Now, sir, have you, as Chairman of the Committee I have just mentioned, made a bacteriological examination of these waters, including the bac- teria count and the qualitative and quantitative estimation of B. coli in any given cubic centimeter 32 International "Joints" Commission of water, with an analysis of the character, origin and intermittency of pollution; and have you considered whether filtration or sterilization of the effluent would have had any, and if so what, effect upon the distribution or stratification thert- of in the zone under OMisideration. Then there is the interesting phenomena Mr. Gardner. Oh, you go to Helll The Chairman: I must insist, sir, that you unreservedly withdraw that unparliamentary ex- pression. Mr. Garim4er: O, yes, I withdraw it. Tell him he needn't go. But he makes me awfully tired. (Exhibit H.) The Chairman: Major Maclnnes, I fear nothing to the purpose is to be drawn from this witness. Let me congratulate you, however, upon the lucidity and erudition of your statement. I entirely agree with you, sir, in everything that you have said. You have put this very important point exactly as I should have stated it myself. Mr. Steenerson: Call the witness Mignault. MR. P. B. MIGNAULT sworn. Mr. Steenerson: Now, sir, what have you to say as to your conduct in connection with the alleged wreck of the Tootles? I desire a plain, straightforward answer, with no equivocation. Bear in mind that you are under oath. Mr. Mignault: I have no desire to equivo- U International **Joint8** Commission cate, Mr. Steeaenon; and I do not see why I diould not give you straightforward answers, if you will be a little more explicit in your questions. Mr. Steenerson: Now, sir, none of that. rU not submit to any insolence. Remember that you are not here as a Royal Commissioner, but merely as a witness. Bear yourself more respectfully in this august tribunal. I may have a personal crow to pick with you, but Mr. Mignault: Oh, let bygones be bygones, Mr. Steenerson. Ask what you will of me, and I shall let you have the benefit of my mature experience at the Quebec Bar. Mr. Steenerson: Never mind the Quebec Bar. What I want is light on certain circum- stances of a very suspicious character in connec- tion with the subject-matter of this investigation. I hoW an affidavit in my hand, made by my learned and enterprising friend, Mr. Berkman, from which it appears that you did, on a certain day early in the month of September, conspire with certain parties unknown to procure the sending of a bogus message purporting to come from Mr. E. W. Backus, warning the Tootles not to attempt the Manitou Rapids. (Exhibit G.) Now, sir, what Mr. Backus (interrupting): But, Mr. Steen- erson, I sent Mr. Steenerson: I must really ask the 34 International "Joints" Commission protection of the Court. If one of hs members is to take the examination of this important witness out of my hands, I shall not be reqionsible for the consequences. I expect to prove that this witness, aided and abetted by certain criminal associates in International Falls and elsewhere, did maliciously procure the sending of a false message to the captain of the Tootles^ with the cbject of preventing that vessel from navigating the Manitou Riq[>ids, and causing her to be wrecked on the rocky, inhospitable shore — I mean, the beautiful sand beaches— Oh, anyway, on the American side of the Rainy River. What was the ultimate object of this plot I am not yet pre- pared to prove, but I am informed by a reliable authority that this witness had a large interest in the Tootles, and had heavily insured the vessel shortly before her last disastrous voyage down the Rainy River. (Exhibit F.) Now, Your Honours, if Mr. Backus: Permit me to say Mr. Steenerson: I appeal to the Chair, I appeal to the Chair 1 The Chairman: My colleague, Mr. Backus, has the floor. Mr. Backus: I hate to interrupt Mr. Steen- erson, but I am afraid he would be taking up the time of the Commission to no real purpose. I sent the message he refers to, and, while I am 35 International "Joints" Commission sorry that it had such unlooked for results, I cannot altogether regret it, as it has brought me into association with so many congenial q>irits in this investigation. Mr. Steenerswi: I have no other course, Your Honours, than to withdraw from the case. You will hear from me later on the floor of the House. MR. TAWNEY recaUed. Judge Streeter: Mr. Tawney, the Lord's Day Alliance, which I have the honour to repre- sent before this Honorable Tribunal, has been pained and surinised— well, perhaps not alto- gether surprised — ^to learn that you and some of your associates broke the solemnity of the Sab- bath, not only by lewd and boisterous songs on the banks of the Rainy River, but that you were guilty of the enormity of playing the unspeakable game of Rum, early in the morning of the same holy day, upon a car attached to the Canadian Northern Railway train proceeding to the town of Baudette. I am loth to believe this of you. Brother Tawney. I had, during our long asso- ciation together, conceived a peculiar affection for your rugged features. Give me your word that the incident did not take place, or at least that it has been grossly exaggerated, and I will call off the Alliance. Mr. Tawney: Judge Streeter, and gentle- men: Unaccustomed as I am to public speaking, 36 ■t,*.;l Intbknational "Joints" CoMnittioN nevcrtheleM I dare not let this auifMciottS occasion dq>art without enlarging (ot a nunnent upon the siffuficance of this inttfnatitmal q>isode. The work of promoting closer and more direct rela- tions between the two great peoples on this con- tinent who have the same language, come from the same race, have the same common fountain of law, the same traditions JinxsE Streeter: Yes, yes, Tawney, quite sot and the same sly fondness for Rum of one kind and another, I have no doubt. However, suppoae we cry quits. You call <^ the speech and I'll call off the Lord's Day Alliance. The Chairman: Mr. Wyvell, the G)mmi8- sion will be glad to have the benefit of your experience in disentangling this di£Elcuh question which the two Governments have referred to it for examination and report. Mr. Wyveix: Mr. Chairman, I should very gladly and delightfully give you my views on the subject, but my hands are tied. I hold merely a watching brief for the Caviar Trust, and my instructions are to say nothing that might commit the Trust to anything. Mr. Zippel: The Trust have a comer in caviar, isn't it? Mr. Wyvell: I r^ret to say that I am not at liberty to answer your question, Mr. Commis- sioner. }7 ■MiaiMriiMM International "Joints" Commission Mr. 2^ppel: Ach, Gottl All the caviar they find today around Lake of the Woods won't fill a very iMg comer, anyhow. The Chairman: I do not think we have heard as yet from Mr. Rockwood. Mr. Rockwood: Like my learned friend Mr. Wyvell, I hoM a watching brief, for my clients, the L W. W. So far as I have been abk to gather from the testimony submitted and ad- mitted, the lawfessness of the passengers of the Tootles was of such a character as to meet with the enthre approval of my clients. That is all I have to say. The Chairman: Mr. Berkman, I understand you have decided to hand your statement as an eye-witness of the discreditabk scenes on the banks of the Rainy River, to Mr. Steenerson, for submission to Congress? Mr. Berkman: Yes, Your Honour. The Chairman: It only remains, then, to thank the learned counsel for the eminently satisfactory way in which they have assisted the Commission in getting to the bottom of this complicated question. The Commission will con- sider the testimony in executive session, and in the meantime it is suggested that we adjourn to the Palace Hotel in Rainy River, where it is un- derstood that the Consulting Engineers have arranged a little banquet. 38 Intbmnational "Joints" Commission LIST OF EXHIBITS (Originals filed in the Office of the International "Joints" Commission.) A. Mr. Tawney's famous Gettysburg story. B. Expurgated text of some of the Songs heard around the Rainy River Camp Fire. C Affidavit of Professor E. E. Prince as to the Hiysical and other Characteristics of the Seven PredaUvy Pike fed to the wrecked Commissionrrs at the Rainy Rivo* Camp. D. Baptismal Certificate of Mr. Tango-Hoopla. E. Clipping from the Homy River News, con- taining account of Governor Glenn's special Temperance Lecture at Chicago, suggested by the sad conduct of certain of his Col- leagues on the Banks of the Rainy. F. Certificate of Sale of 99 Shares of the Tootles Steamship Company to Paul B. Mignault; with copy of Insurance Policy taken on the Tootles the day before she was wrecked. G. Affidavit of C. E. Berkman as to the Mignault Plot. H. Fake War Despatch put in evidence by Sen- ator Gardner, as proof of his Neutrality. I. Extracts from H. A. Powell's text-book on B. Colt. 39 mmm Intmnational "Joints" Commimion J. K. M. N. O. P. Q. R. S. Rqwrt iNTt" Commission Eminent Jurists — Echo Again Scores a Mag- nificent ScoupP' T. Copy of Verses by the Eminent Poet White- head Kluttz, iieginnhig: Seated on the shore. With the music in mine ears Of the Mystic Manitou, y I shed these bitter tears For the Tootles and her crew And our poor Commissioneers. For still I hear them cry. In an agony of fright, "Oh, where-in-heU is Whitel" They strain their anxious eyes. And heave unnumbered sighs. And shout, "It isn't right; You are taking half the night I Are you coming, damn it. White!" But the echo still replies. With an accent of surprise, "Nevermore! Nevermore!" etc., etc. 41 PKINTKO BT THS LBICHT PRIM WmONA, MINN. -^am K&siidiaHbL^..