The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-08-28

ALASKAN BOUNDARY.
The boundary question between ALASKA
aad British territory IS occupying the
attention q the Canadian government.
and the Hon. David Mills Il now n Lon
con presumably with a view TO having II
settled. Mr. BILLS r. 6eservediy regarded
IA Canada as al able constitutional law
ser. ard his Views CT international law
woui9 ordinarily be accepted a. guthoFs-
safEve. On tnss Subject however. he oc-
capses the position Of counsel, and not Of
Judge and his presentation of tie case
Is naturally made freza the Canadian
standpoint
The whose question turns upon flss con-
ssructson q ore short PHRASE IN a treaty
between Russia ana Great Britain. The
treaty rnzkex the summit Of the moun-
tains situated parallel 70 the coast The
boundary line from the point where Il
strikes the afty-sixth degree O. Forth lat-
fude OF the mainland until IL ingeraeets
tho IAst degree west longitude. which Is
followed % the Arctic. Another expIata-
terry clause Is added which declares among
other things. that wherever the summit
Of the coast ire shall prove 70 be az the
distance CT ten marine leagues from The
ocean the Limit between the British posses
ssons ard the lire OF coast which is 70
Eelong 20 Russia as above mentioned.
sSam be formed by line parallel 20 the
winnings Of the coast. ard which shall
never exceed the distance Of ten marine
leagues thorefTom."
Ths Is the point Of controversy. Mr..
aIflis argues that IL is clearly the intention
Of the treaty to adhere 20 the coast line
wherever there was such thing, no matter
whether II crossed inlets or not. The Rus
SLAMS. he points out. only wanted fishing
rights on the coast. and so were not likely
70 stand out for the right to 20 behind the
coast line al any place. Lynn inlet is
crossed BY line OF mountains near the
coast known AT st. Elias alps, which con-
tain a number OF peaks ranging from 10000
70 1890 feet high. There are a number Of
other lnlets In the same position. and ne
insists that they are all Canadian waters
lying in Canadian boundaries"
The Importance now OF the distinction
lies in the fact that IL SIR. Mills conten-
ton is correct Dyea Is In Canadian terri
tory. The Montreal Star relies upon Mr..
Mills reputation for caution and accuracy.
ard declares his opinion as TO the meaning
Of the treaty Is that of an expert. II quotes
him as saying that when the Americans ex-
the Canadian government 10 station off,
Gals az Dyea they were permitting the
Canadians 10 station officials in their own
territory. To this We may reply. that when
the Canadian government asked permission
OF the United States government TO station
officials at Dyea they acknowledged that
II was in American territory. or there
would have been no occasion to ask our
permission.
The reputation of a lawyer on inter-
national law entities him to respectful
hearing. but his opinion is not necessarily
conclusive. There are a number OF islands
along tho Alaskan coast. But no ordinary
description would say that their outer
shore represented the coast line Indeed,
the invarlahle definition and location OF
an island would be hat II was a certain
distance "ofT the coast" In the extract
from Mr.. Mills interview It is true he
confined himself only TO the question of
iniets. His contention Is that the coast
line crosses the mouth of an inlet. and
does not follow its shore into the country
ard out again. This is not quite so easily
determined, perhaps. as the controversy
as 10 the outline OF the islands. but II
must be determined by some other means
than a biased opinion. II the inlet were
a gulf-and the distinction between them
is merely one OF degree-the shore of the
Euk would be the coast line. AS an inlet
Is only narrow gulf the question is
how Wide an inlet has to be before Il be-
comes a gulf. or how narrow must be a
guif IN order TO become an inlet. The
English law gives greater latitude 10 the
line formed hy tide water than our law
does. but without other circumstances the
general trend Of English decisions would
favor the view that the line OF high tide
would be the coast line.