Evening star., 1897-01-12

either of the high CONTRACTING parties shall
move such tribunal to decide and there
upon it shall decide that the determinat tion
of such claim necessarily involves the de-
cision Of disputed question OF principle OF
grave general Importance affecting the Ea-
tionai rights of such party as s'HistinSuish ned
from the private rights, whereof 1t is mere
ly the international representative, the
Jurisdiction Of such arbitraf tribunal over
such claim shall cease and the same shall
be dealt with by arbitration under Article
vi. So.
Article VIII.
In cases where the question 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 appoint a judicial officer Of such stale
or territory to be one of the arbitrators
under Article III or Article v or Article
vi.
In like manner in cases where the ques-
ton involved is one which concerns a Brit
ish colony or possession, 1t saail be open
to her Britannia majesty to appoin. a ju-
/ dicial officer of such colony or possession
to be one of the arbitrators under Article
III or Article v or Article VI.
Article TX.
Territorial claims in this treaty. shall In
clude all claims to territory and all other
claims involving questions OF seEvitudes,
rights of navigation and Of access, fish
cries, and all rights and interests necessary
to the, control and enjoyment of the terri
tory claimed by either Of the high Ct ntract-
ing parties.
II in any case the nominating bodies
designated in Articles III and v shall fail
to agree upon an umpire in accordance
with the provisions Of said articles the
umpire shall be appointed by his majesty,
the King of Sweden and Norway.
!, Either of. the high contrHeeing parties,
however, may at any time give notice to
the other that, by reason of material
changes in conditions as existing al the
date of this treaty, 1t Is opinion that q
substitute for his majesty should be chosen
either for all cases to arise under the
treaty or for particular specified case al
ready arisen, and therenpon the high con-
tracing parties shall at once proceed to
agree upon such substitute to act either in
all cases to arise under the treaty or in the
particular case specified, as may be indi-
Gated in said notice; provided, however,
that such notice shall have no effect upon
an arbitration already begun by the consti-
tuition Of an arbitral tribunal under article
III. aas-s - .>,rS !.,e.-s5 ie,- ':-,iii.
The high contracting parties shall at once
proceed. to nominate q substitute for his
majesty in the event that his: majesty shall
at any time notify them of his desire to be
relieved from the fuDctions -graciously ac-
cepted by him ,Mder this treaty, either for
all cases to arise hereunder or for any
particular SpeclneQ 'CASe adrodQy arisen.
frtiSfe xr.
In case of the death, absence or inca
pacity to serve Oh any arbitrator or umpire,
or in the event Sf ally arbitrator or umpire
omitting or declining or ceasing to act as
such, another Arbitrator or umpire shall be
forthwith appointadI1n his place and stead
In the manner provided for with regard to
the original appqintment. -ifs s ~.
Article XII. .fx .s
Each government shall pay its own agent
and provitie forsthe proper remuneration OF
the counsel employed by 1t and Of the ar
bitrators appoi9ted' BY it and for the ex-
pense OF prepar5ps aRd submitting the case
to the arbttral tribunal. ALI other expenses
connected with any arbitration shall be de-
frayed by the two governments In equal
moieties.
Provided, however, that IL In any case
the essential matter of difference submitted
to arbitration IL the right OF one OF the
high contracting parties to receive dis
avowals Of or apologies for acts or defaults
of the OTTER, not resulting in substantial
pecuniary injury. the arbitrai tribunal fnai-
ly disposing Of the said matter shall direct
whether any OF the expenses OF the sue
cessful party shall be borne BY the unsuc-
eessful party. and II so to what extent.
Article XIII.
The tine--and place Of meeting Of an
atbitral tribunal and all ARRANGEMENTS tor
hearing and. all questions OF procedure
shall be decided ,byeth tribunal stan. J,
Each arbitral. tribunal shall keep . cor