The morning times., 1897-01-27

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fair and just Interpretation of tile third
class OF claims to be arbitrated. This third
class OF claims finds its definition in tie
9th and 9th articles of the treaty. The
9th article provides for any controversy
which shall involve the determination of
territorial claims made by either party:
and in the 9th article the words terri
torial claims are SO enlarged or extended
in tIieir dfinition as to include ''all other
claims involving questions of servitude,
rights of navigation and OF access, fish
cries and all rights and interests necessary
to the control and enjoyment of the ter
ritory claimed by either of the high CON
tracing parties.'' This language is so
plain that it needs no attempt at construc-
ton. IL carries its own explanation ana
meaning. In its broadcast sense it covers
only those controversies which are usually
known and recognized in the international
law as territorial controversies. The 9Th
article seems to have been used only out of
| abundant caution and to close the door
against misinterpretation. 1t simply gives
in words definition which is already rea-
| sonabiy implied by the lapgua of article g.
/ row come to the method prescribed
| in the III otocol fer arbitrating and settling
| these territorial controversies in a Ieace-
ful and honorable way without resort to
! violence and war. The plan to be pursued
| is clearly set forth in article 6. The con-
| troversies are TO be submitted to a tribunal
| OF SIX memICrs, three of whom ''shall be
| judges OF the Supreme Court of the United
States or justices of the circuit courts, to
| be named hy the President OF the United
States, and the osher three OF whom
shall be judges of the British su
prcmc court of Judicaturc, or members of
the judicial committee of the privy coun-
ell TO be nominated by her Britannia ma
jesty, whose award by majority of not
less than five 10 one shall be final" If
the award be made by a ma. ority OF the
members, but by less than five to one, it
shall still stand as a valid award unless
one or the other power shall, within three
months after the report be made, enter a
protest that the award is erroneous, in
which case the award shall be of no
validity. In cases where the members of
the arbitral committee are equally divided
in judgment, as also in the eases where
the award is made by a ma. .ority of the
court, but less than five TO one, nd pro-
test by one or both powers has been made,
it is then provided that there shall be no
rec curse TO hostile measures of any descrip-
ton until the mediation of one or more
friendly powers has been invited by one
or both of the high contracting parties'
/ have now, in its full force and mean.
ing, stated the entire plan and scheme
proposed in this protocol fou the settlement
OF territorial controversies. with single
exception appearing in the sth article.
which provides. that. whore the question
involved concerns a State or Territory Of
the United States or a colony or possession
OF Great Britain. then the President and
the queen, respectively may appoint a
judicial officer of such State or colony as
one Of the arhitratorS, and this latter pro,
vision is made applicable to arbitrationsin
all of the three classes of controversy
This provision makes no change in the
number of arbitrators, nor in the mode
OF their appointment. nor in their powers
or jurisdiction when organized. 1t affects
only the personnel Of the courts. and with
the evident purpose Of adding to their ef-
ficiency. and to assure that higher sane
tion which fun and intimate knowledge
OF the facts to be adiudicated by the
court always brings 10 its DEGREES.
At this point l pause only 10 say that
! know of but one difficulty now pending
between us and Great Britain touching our
respective territorial claims, and that re-
lates TO the Alaskan boundary. Even that
is a mere question of instrumental survey
by scientific men. The work of a joint
commission composed of astronomers,
mathelnaticians and surveyors, should he
satisfactory to both parties.
If glaciers and snow-capped mount aims
shall prevent this work. is the line worth
finding? An Intellectual search for it will
not Justify war. Would it even justify
the expense and trouble of arbitration? In
case of arbitration, i'll what possible way
can we as nation be injured?
We appoint three Of the judges of our
Supreme Court and England appoints three
of hers Now, unless two of our judges
shall join the three English judges. we are
not bound by the award. And l believe
you will concur when / say that if two of
our judges and all the English judges
should agree upon finding we could not
repudiate such judgment ana retain the
peace OF our own consciences or the re-
spect of the civilized world.
/ come now to the other two classes of
claims to be arbtrated. The first is de-
fined to be ''pecuniary claims or groups
Of pecuniary claims, which do not in the
aggregate exceed &1oo ,000' (S50O, 600.
For their adjustment it is provided that
each Of the contracting parties shall name
one arbitrator who shall be a jurist of
high repute, and these two shall select an
umpire. In case they fail within tw o months
TO choose the umpire, then the umpire shall
be appointed by agreement betw cen the
n q fat
Court AMI the members OF the judicial COM
mittee of the privy couhcil OF Great Brit
ain, each of these bodies acting by ma
jority. And if these courts shall fail for
three months after request to do so by
the contracting parties or either of them,
then the umpire shall be appointed by the
King of Sweden and Norway. But if either
of the contracting parties shall object to
the kings acting in the matter, then they
shall at once proceed to agree on a suhsti-
tute for the king, who shall perform his
duties in the appointment of the umpire.
Ifthe notice ofobjection be of a generalchar-
acter, then he cannot act in any case under
the treaty.
The umpire, when selected, shall act as
president of the arbitral court: and the
award of majority of the court shall be
final
The second class Of claims provided in
the treaty for adjustment is described in
article 4 in these words:
"All pecuniary claims or groups of pc
cuniary claims which shall exceed e1OO,-
600, and all other matters in difference
in respect of which either of the high
contracting parties shallhave rights against
the other, under treaty or otherwise, pro-