The record-union., 1897-01-19

TO agree upon an umpire Within three
months of the date of an application
made TO them in that behalf by the
high contracting parties, or either of
them, the umpire shall be selected in
the manner provided for in Article X.
The person SO selected shall be the
President of the tribunal, and the award
Of the majority of the members thereof
shall be final
HOW BOUNDARY DISPUTES WILL
BE SETTLED.
Article VIA controversy which
shall involve the discrimination of ter
ritorial claims shall be submitted to a
tribunal composed of six members,
three of whonl-subject to the provis-
ions Of Article VIII-shall be Judges of
the Supreme Court of the United States
or Justices OF the Circuit Courts, TO be
named by the President of the United
States, and the other three of whom
subject to the provisions of Article VIII
shall be Judges of the British Supreme
Court of Judicature, or members of the
Judicial Committee of the Privy Coun-
cil TO be nominated by her Britannia
majesty, whose award by a majority of
not less than five to one shall be final.
~ Neis'N VI ilA eiNdIu IIAQC ny Ats>S liiSlAi
the prescribed majority, the award
shall also be final, unless either Power
shall, within three months after the
| award has been reported. protest that
the same is erroneous, in which case
the award shall be of no validity.
In the event Of an award made by less
than the prescribed majority and
protested as above provided, or IL the
members of the ar'bitraI tribunal shall
be equally divided, there shall be no re-
course to hostile measures of any de-
| scription until the mediation of one or
more friendly Powers has been invited
by one or both the high contracting
parties.
Article VII.-Objections to the juris-
diction of an arbitral tribunal consti-
tuted under this treaty shall not be
taken except as provided in this arti-
! cle
Ii before the close of the hearing upon
a claim submitted to an arbitral tri-
bunal, constituted under Article Ill or
Article ", either Of the high contracting
| parties shall move such tribunal to de-
| eide, and thereupon 1t shall decide that
the determination of such claim neces
sariIy involves the decision of disputed
question of principle of grave general
Importance affecting the national rights
of such party as distinguished from the
private rights whereof It is merely the
| international representative, the juris-
diction Of such arbitral tribunal over
such claim shall cease, and the same
shall be dealt with by arbitration, under
Article VI.
| RIGHTS OF STATES PROTECTED.
/ Article VIII.-In cases where the ques-
| uon involved is one which concerns a
particular State or Territory of the
| United States, it shall be open to the
! President Of the United States to ap-
point a judicial officer Of such State or
| Territory to be one of the arbitrators,
under Article III. or Article V. or Article
| VI
| In like manner, in cases where the
question involved is one which con-
Germs British colony or possession, it
shall be open to her Britannia majesty
to appoint a judicial officer of such
colony or possession to be one Of the ar
bitrators, under Article III. or Article V.
or Article VI
Article IX.-Territorial claims include
all other claims involving questions of
servitude, rights Of navigation and of
access, fisheries and all rights and in
! terests necessary to the control and en-
| joyment of the territory claimed by
either Of the high contracting parties.
THE KING OF NORWAY AND SWE-
DEN TO NAME AN UMPIRE.
Article X.-If in any case the nominal
! ing bodies designated in Articles III.
and V. shall fail to agree upon an UNI
pire in accordance with the provisions
of said article the umpire shall be ap-
pointed by his majesty the King of
Sweden and Norway.
Either Of the high contracting parties,
however, may at any time give notice to
| the other that, by reason of material
changes In conditions as existing at the
date of this treaty, it is of the opinion
that a substitute for his majesty should
| Nchosen either for all cases to arise
under the treaty or for particular
specified case already arisen, and there
upon the high contracting parties shall
at once proceed to agree upon such sub
stdtute to act, either in all cases TO arise
under the treaty, or in the particular
| case specified, as may be indicated in
said notice; provided, however, that
such notice shall have no effect upon an
arbitration already begun by the con-
stitution of an arbitral tribunal under
| Article Ill
The high contracting parties shall at
once proceed to nominate a substitute
| for his majesty in the event that his
majesty shall at any time notify them
/ of his desire to be relieved from the
functions graciously accepted by him
under this treaty, either for all cases to
| arise hereunder or for any particular
specified case already arisen.
Article Kiln case of death, absence
or incapacity to serve Of any arbitrator
or umpire. or in the event OF any ar
bitrator or umpire omitting or decl1n-
| ing, or ceasing to act as such, another
| arbitrator or umpire shall be forth
with appointed in his place and stead
in the manner provided for with regard
/ to the original appointment.
EACH POWER TO PAY ITS OWN
EXPENSES.
Article XII.-Each Government shall
pay it's own agent and provide for the
| proper remuneration of the counsel en-
ployed by 1t, and of the arbttrators ap-
pointed by ii and for the expense OF
preparing and submitting its case to
the arbitral tribunal. All other ex-
penses connected with any arbitration
shall be betrayed by the two Govern
ments in equal moietieS.