Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-12-10


district court for the northern district of ILL
nois for many years until few weeks ago. when
he retired from the bench to serve rs govern
ment counsel in the Bering sea case Mr.
Phelps is deemed to be peculiarly fitted for the
post, not only on account of his ability as
lawyer, but through his intimate acquaintance
with the earlier stages of the controversy while
American minister at the court Of ST. James
MIR. Carter ID known rs one of the most eminent
attorneys in New York in the higher grade Of
abstract cases.
Great Britain's counsel will include Sir
Charles Upper Of Canada, who was associated
with Boring sea diplomacy six years ago. and
two or three OF the leading barristers of Eng
land. In addition the United States and Great
Britain have each retained the services of two
special commissioner the results of whose
iabors and inquiries into the natural history
and habits Of the seal will be submitted to the
arbitrators in the event a certain contingency
arises in the progress OF the proceedings. The
United States commissioners are Prof. Thomas
Corwin Mendenhall, superintendent Of the
coast and geodetic survey, and DR.. Clinton Hart
Merriam OF the Smithsonian Institution, while
the British commissioners are Sir George
Baden-Powell, NJ. p, and Prof. George Mercer
Dawson OF Ottawa. director of the Canadian
| geological bureau.
QUESTIONS TO BE DECIDED
The arbitration will be attended with inter.
esting ceremonials, and will be conducted
| under the terms Of the treaty concluded at
Warrington February 80 last between
| Secretary Blaine and Sir Julian Pauncefote on
| behalf OF their respective governments. The
| questions to be determined are these:
/. What exclusive jurisdiction in the sea
known as the Boring sea, and what exclusive
rights in the seal fisheries therein, did Russia
| assert and exercise prior and up to the time of
| the cession of Alaska to the United States?
| q How far were these claims of Jurisdiction az
| IN No eI nd laJ
| by Great Britain2
g. Was the body Of water known az the
Bering sea included in the phrase Pacific
ocean" used in the treaty Of 1925 between
Great Britain and Russia, and what rights, il
| any, in the Boring sen were held and exclusively
exercised by Russia after said treaty?
4. Did not all the rights Of Russia a to juris-
diction and as TO the seal fisheries in Bering sea
east of the water boundary in the treaty between
the United States and Russia of the 3Oth OF
| March, 1867, pass unimpaired to the United
States under that treaty?
8. Has the United States any right, and il sc
what right, Of protection OF property in the fur
seals frequenting the islands Of the United
States in Boring sea when such seals are found
| outside Of the ordinary three-mile limit?
Whatever the decision of these questions NAV
be there can be no appeal. The result is to be
binding equally upon the United Sta ties and Grea,
Britain a. . full perfect and final settlement OF
the matters considered.
| no APPEAL.
| The treaty or convention submitting the case
to arbitration was ratified on April ~ last and
the exchange of Publications was effected or
May7. In accordance with its provisions esct
Of the thigh contracting parties" submitted
and delivered, previous to September z last, tc
each Of the arbitrators and to the agent of the
| other party . copy Of what 10 termed, in inter
national legal parlance, it, .sprintsd case, y
accompanied BY the Documents, the Official
correspondents and other evidence on which
each side relies. What 10 called printed
counter case" WAS likewise to have been fur.
uishsd in duplicate BY the 7th instant to each