New-York tribune., 1897-01-13
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until the mediation or one OF Ho,e -. ~
Powers has been invited by one Ut po'' Va WV
high contracting parties ,,,,,o Of
Article VII-Objections to the lurisuic'.on t, -,
an arbitra tribunal constituted under tlis ~ " ,hi
shall not be taken except as proViueu III 'ii'
article. - = o,,i,,
II before the close OF the hearing upon cam,
submitted to an arbitra tribunal constitu.eu ,,
under Article III or Article V. either oi .lv MS
contracting parties shall move such 'ripuI'a,
to decide and thereupon 1t shall decloe nc i
the determination of such claim necessary ',' -,
wolves the decision of disputed quessio, qusi, or
principle of grave general Importance aliect,ns
the national rights OF such party as :, o'3 i
tinguished from the private rights wheieoi - .ho 20
merely the international Representative. III .n
Jurisdiction Of such arbtral tribunal over sue. sucr
claim shall cease and the same shall De oeai'
with by arbitration. under Article vi.
RIGHTS OF STATES PROTECTED.
Article VIII.-In cases where the ques.oSS S.to i,'o
volved is one which concerns particular T'a'e we
or Territory of the United States. II shaiI oe
omen 10 the President OF the United states 10
appoint a judicial officer of such state OF ~ iei
ritory to be one OF the arbitrators' uhoe' @'
Gle III or Article V or Article VI .. l.,
In like manner. in cases where the ques'o,, ~,
volved is one which concerns Britlsn coions
or possession it shall be open TO ner s,,b
Majesty to appoint a Judclai o,i'e. ,,,ro1nrs
colony or possession to be one or the
under Article III or Article or Articie l..
Article IX.Territoria claims inciuoe an rIahts Iaht
claims involving questions OF servltuu~. Iisn al
of navigation and Of access. hsnerles any anu al a.,
rights and interests necessary to the coht.oi a'1|
enioyment of the territory claimed by either Oh
the high contracting parties
KING OSCAR TO NAME AN uMPlRI.
Article X.-If in any case the nonlna'mis M -, 30, -,
les designated in Articles III ana shall IAN ~, -.
agree upon an umpire in accordance Win 'ne
nroyisons of aid article, the umpire snail pe dP.
pointed by His Majesty the King of Swede9 ana
Norway. , ,
Either of the high contracting parties. now
ever may at any time give notice 10 the o.hu'
that by reason of material changes III conoi-
tions as existing at the date OF TINS treaty, IL 10
Of the opinion that substitute lor ms siaJe.'
should be chosen either for all cases TO arise uh-
der the treaty for a particular speclneu case
already arisen and thereupon the high contract
ing parties shall at once proceed 10 agree upo. ,
such substitute to act either in all cases 10 arls'
under the treaty. in the particular case speci-
fed as may be indicated in said notice: proVlo-
ed however. that such notice shail nave 10 ~.
feet upon an arbitration already begun by tne
constitution Of an arDtral trlDunal uhuei Al ''i'
i'll.
The high contracting parties shall at once pro.
cecd to nominate a substitute for His Majesty III
the event that His Majesty shall at any time
notify them Of his desire to be relieved from the
functions graciOusly accepted by MN under thls
treaty either for all cases to arise Hereunder or
for any particular specified case already arisen
Article Kiln case OF the death. absence or
or in the event of any arbitrator or umpire omit
ting or declining ceasng to act as such. an
other arbitrator or umpire shall he forthwith ap-
pointed in his place and stead in the manner pro-
ment
EACH POWER TO PAY IT'S OWN EXPENSES
Article XII-Each Government shall pay its
own agent and provide for the proper remunera-
tion of the counsel employed by it and Of the
arbitrators appointed by it and for the expense
OF preparing and submitting its to the
bitral tribunal. All other expenses connected
with any arbitration shall be betrayed by the
two governments in equal moieties.
Provided. however. that If In any case the
essential matter of difference submitted to ar
bitration is the right OF one Of the high con-
tracing parties to receive dsavowals OF, or
apologies for, acts or defaults Of the other not
resulting in substantial pecuniary injury. the
arbitral tribunal finally disposing OF the SAID
matter shall direct whether any OF the expenses
Of the successful party shall be borne by the
unsuccessful party. and. If so TO what ex-
tent
Article XIII.-The time and place of meeting
of an arbitral tribunal and all arrangements
for the hearing and all questions Of procedure
shallbe decided by the tribunal itself
Each arbitral tribunal shall keep correct
record of its proceedings and may appoint and
employ all necessary officers and agents
The decision of the tribunal shall. If possible:
he made within three months from the close or
the arguments on both sides. 1t shall he made
in writing and dated, and shall be signed by
the arbitrators VINO may assent to it.
The decision shall be in duplicate and one
COPY thereof shall he delivered to each Of the
high contracting parties through their respective
agents.
TO REMAIN IN FORCE FIVE YEARS.
Article XIV.3This treaty shall remain in
force for five yea from the date at which 1t
shall come into operation. and further until
the expiration of twelve months after either of
the high contracting parties shall have given
notice to the other OF its wish to terminate the
same.
Article XV.-The present treaty shall be duly
ratified by the President Of the United States.
by ard with the advice and consent of the Sen
ate thereof. and by Her Britannia Majesty:
and the mutual exchange Of ratfcations shall
take place in Washington or in London within
six months Of the date thereof. or earlier. II pos
sible.
In faith whereof we. the respective Plenipo-
teritiarles, have signed this treaty, and have
hereunto affixed our seals
Done in duplicate at Washington. the llth
day of January, 1897.
RICHARD OLNEY.
JULIAN PAUNCEFOTE.