The San Francisco call., 1896-06-12

1892 for the abstention of fishing OF British
seaiers during the pendency OF said arDltra-
ton having been definitely waived before the
tribunal of arbitration.
The United States of America and her
Majesty the Queen of the United Kingdom OF
Great Britain and Ireland, TO the end OF con-
Guiding q convention for that purpose, have
appointed as their respective plenipotentiaries:
The President of the United States, the
Hon Richard Olney, Secretary of State, ana
her Majesty the Queen of the United King
dom of Great Britain and Irel.nd. the
Right Hon: Sir Julian Pauncefote, G. c.
b., G. c. NJ. G., her Majesty's ambassador
extraordinary and plenipotentiary 10 the
United States, who, after having commune
Gated to each other their respective ful
powers, which were fou nd in due proper form,
have agreed to and concluded the following
articles:
Article 1.-The high contracting parties
agree that all claims on account of injuries
sustained by persons in whose behalf Great
Britain is entitled to claim compensation
from the United States, and arising by virtue of
the treaty aforesaid, the award and findings of
the said tribunal of arbitration, as also the
additional claims specified in the fifth para
graph of the preamble hereto, shall be referred
to two commissioners, one of whom shall be
appointed by the President of the United
States and the other by her Britannia Majesty,
and each of whom shall be learned in the law
Appended to this convention is e list OF the
claims intended to be referred.
i Article II. The two Commissioners shall
meet at Victoria, in the province of British
Columbia, Canada, as soon as practicable
after the exchange of the ratifica ton OF this
convention, and after having taken an oath
that they will fairly and impartially investigate
the claims referred to them and render just
decision thereon, they shall proceed jointly to
the discharge of their duties.
The commission shall sit at San Francisco,
Cal, as well as Victoria, provided either COM
missioner shall so request II he shall be OF the
opinion that the interests of justice shall also
require, for reasons to be recorded on the
minutes.
Article III. The Commissioners shall deter.
mine the liability OF the United States, If any,
in respect to each claim, and assess the amount
OF compensation ii any, to be paid on account
thereof-so far as they shall be able to agree
thereon - and their decision shall be ac-
cepted by the two Governments as final.
They shall be authorized to hear and exam
inc on oath or affirmation, which each of said
Commissioners is hereby empowered to ad-
found by the tribunal of arbitration, and to
receive all suitable authentic testimony
concerning the same and the Government
OF the United States shall have. the right to
raise the question of its liability before the
commissioners in any case where il shall be
proved that the vessel was wholly or in part
the actual property of q citizen of the United
States. The said conf mission, when sitting at
San Francisco or Victoria, shall have and ex-
ereise all such powers for the procurement
and enforcement of testimony as may here
after be provided by appropriate legislation.
Article ". The Commissioners may appoint
q secretary and a clerk or clerks to assist them
in the transaction OF the business OF the COM
mission.
Article YIN the cases, if any, in which the
Commissioners shall fail to agree, they shall
transmit to each Government joint report,
stating in detail the points which
they differ and the grounds on which
their opinions have been formed ana
any such difference shall be referred for final
adjustment to an umpire to be appointed by
the two Governments jointly, Or in case OF
disagreement, to be nominated by the Presl-
dent of the Swiss Confederation at the request
of the two Governments.
Article Win case of death or incapacity to
serve, from sickness or any other cause, OF
- a icSiN nF n hn
umpire, If any, his place shall be filled in the
manner provided for in the original appoint
ment.
Article VII-Each Government shall provide
for the remuneration of the commissioner ap-
pointed by it. The remuneration OF the
umpire, If one should be appointed, and all
contingent and incidental expenses of the
commission and the umpire shall be betrayed
by the Governments in equal moietles.
Article VIII. The amount awarded to Great
Britain under this convention on account OF
any claimant shall be paid by the Government
of the United States to the Government OF her
Britanic Majesty within six months after the
amount thereof shall have been finally ascer-
tanned.
Article IX-The present convention shall be
duly ratified by the President OF the United
States OF America, by and with the ADVICE ana
consent OF the Senate thereof, and by her
Britannia Majesty and the ratihcations shall
be exchanged either at Washington or London,
within six months from the date hereof,
or earlier if possible.
In faith whereof we, the respective pleni-
potentiaries have signed this convention and
have hereunto affixed our seals, the eleventh
day OF June, 1896.
Done in duplicate at Washing ton, -,