St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1892-12-04
EXTENSION OF TIME.
Date for Filing Behring Sea
Counter Cases Extended
Two Mont ls.
At One Time the Whole Pro
eeedings Came Near Be-
ing Broken Of.
Canada's First Counter Case
Was Only a Partial Pre-
sentiment.
L
President Harrison Signs the
Commissions Of Our Ar
bitratOrS.

WASHINGTON, Dec. 3.-The final pre-
liminary steps in regard to the Behring
sea tribunal of arbitration. which is to
be in Paris on Feb. %, 1898, were taken
by the president today on behalf OF
the United States. He signed the
commissions of Judge John w. Har-
Ian, of Kentucky, associate justice OF
the supreme court. and Senator John L.
Morgan, of Alabama, as the two arbl-
traitors Oh the part of the United States,
and John W. Foster, the present secre-
tary of state, as agent of the United
States before-the arbitration tribunal.
Under the terms of the treaty the
case of each government was delivered
Sept. l, and the counter cases of each
side should have been delivered some
time ago. 1t is said to be a carefully
suppressed state secret, not limited at
till now The whole proceedings of ar
bitration came very near being broken
off by the United States Oh ac-
British Tor Canadian counter case cOD-
tempOraneously with the counter case
of the United States, which was sub
United in good faith promptly on time.
1t is said that for syfne days cable mes
sdgeS were exchanged between the two
governments. which, when called for,
as they probably will be, by senate
resolution of inquiry, will make mighty
Interesting Reading,
provided they can be made public with
out injury to the public service. How
ever, the danger of breaking off the ne
gOtiationS, once so imminent, is
now understood to be happily
tided over and an extension of time
till Feb. 3 next, and the arbitrators
will meet in Paris Feb. %. In answer
to inquiries it is stated that Mr.. Fosters
formal destination as agent-a position
which he practically filled before his
appointment as secretary of Stdte-will
not neceSSitate his resignation of the
state portfolio.
The Stipuations with regard to the
delivery Of the cases and counter-caSeS
Of each government are contained in
the fourth article of the treaty of the
29th of February inst. This provides
that within three months after the
delivery on both sides of the printed
case, either party may. in like manner.
deliver in duplicate to each of the said
arbtrators and to the agent of the other
party c0unter-case and additional
documents"
1t is further provided that if. sin con-
sequence of the distance of the place
from which evidence is to be presented,
either party shall, within thirty days
after the receipt of the case of the other
party, give notice that it requires addi-
tl0nal time for the delivery of the
counter case. such additional time, but
not exceeding sixty Gays, shall be al
loved"
The Cause OF Complaint
on the part of the United States, it is
stated, consists in this fact, that while
OStenSibly both parties exchanged their
counter cases in Washington Oh the
same day before the limit of time had ex-
pired, when the Canadian counter case
came to be examined it was found
to be only a partial presentment,
the Canadian authorities reServing the
right to file an additional matter up. to
Dec. l, the extreme limit allowed by
the treaty. The United States was thus
placed in the position Of hav-
ing discloSed% its whole counter
case to its adversaries, while
Canada had the opportunity OF
rebutting the position of the United
States in Its supplementary filing
This was regarded as in derogation of
the treaty which provided for the SIM
ultaneouS interchange of the counter
cases, ana as almost breach of inter
national good faith.
The unpleasantEesS resulting from
this incident seems to have been met by
each side taking the sixty days extern
sion allowed. 10 effect this arrange
ment, however. must have re-
quired a generous Interpretation of
the language of the treaty. since it seems
certain. so far as outsiders can Judge,
that Great Britain's request for an ex-
tension was not made within thirty
days after the filing of the original case
on the 1st of September last,a required
lv artinla