The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-10-06
THE SEAL COMMISSION
Closes Its Labors at HaIifax-EIoouent
Farewell Remarks by Judge Putnam.
(Halifax Chronicle Sept. so.)

(Halifax Chronicle Sept. 3O.)
The Behring Sea claims commission
which has been sitting almost continu-
ously in the legislative council chamber
since August 24th, closed it's labors yes
terday.
Hon. Frederick Peters, @. c., who had
addressed the the commission for two
days in delivering the closing argument
on behalf of Great Britain closed at four
O clock yesterday afternoon. Mr.. Peters
made an extremely effective argument in
reply to the contentious urged by the
United States counsel, covering the whole
ground of controversy in logical and ar
gumentative way. He met all the posi-
tions of the United States squarely and
presented able contentious in refutation.
Immediately after Mr.. Peters had con-
cluded short addresses were made by the
commissioners. Judge King said:
Before separating l desire to say few
words by way of paying heartfelt tribute
to the unvarying consideration extended
to US by counsel from the time of our
first meeting to the present; and also to
express warm appreciation of their work
which has throughout been marked by
learning, research and ability OF the
highest order. These high qualities dis
tinguish the work OF each Of the learned
counsel whether in examination of proof
or in argument, and 1t is privilege for
me to have opportunity to say this much.
Judge Putnam said: I join most
heartily in what my associate has said,
but l think it suitable that should
make some more general observations. l.
very considerable acquaintance have had
throughout Canada, that our meetings
in Canada would be marked by the official
and unofficial hospitality which we have
received, and that the circumstances OF
our proceedings here would be altogether
pleasant. But of course l could not fore
see the satisfaction which we have re-
ceiyed from the support of the conscien-
tious and clean hearted gentlemen on
each side, who have shown by their skill
and attention in these proceedings their
ability, experience and fidelity as lawyers.
l could not, also, foresee that the senti-
ments which / would form for my
learned associate would be far stronger
than he has any possible estimate of; nor
could I anticipate the strength of my de-
sire that the friendship which exists be-
tween us should continue so long as
either of us may live.
This conference will mark a step in
advance, or a step backwards in the mat
ter OF international arbitration. So far
as we have gone l feel confident that it
marks o long step in advance; and the
basis of my confidence Is, because it has
been on the line of ordinary arbitrations
in important cases. We have had no for
malities except those which were neces-
sary for the orderly conduct of our bust
ness. We have had, SO far as l am ad-
vised and now recollect, for the first
time, an opportunity in an international
arbitration of an examination OF wit
nesses orally, subject to cross -examina-
ton. The commission which sat under
the 18th article of the treaty of Washing
ton had the benefit of cross examination
of witnesses, but they did not have that
which we all as lawyers know is SO dear
to lawyers heart, namely, the presence
of important witnesses before the trlbu
nal which is to pass on the credtbility
and effect of their testimony. We have
seen in this very proceeding how uncer-
tain, and in some instances how mislead-
ing, are affidavits with reference to the
particular and specific topics upon which
international arbitrations for the most
part have to rely; although we know, of
course, and we understand, that there
are certain questions with reference to
which such affidavits are all that can be
procured or desired. In the investigation
of the questions which we have here,
I think we are all satisfied that we could
not have proceeded satisfactorily, except
with the power of examining witnesses
in the presence of the tribunal, and of
cross-examining them. You will excuse
me for again referring to counsel, but l
may say that we also have had before us
an example of the most friendly relations
existing between counsel on both sides.
We have had the testimony of counsel
themselves as to these friendly relations,
and we have also recognized it from our
own observation We have had what Is
of very great assistance in Investigations
of this nature, and what in my inion
marks long step in advance in tnterna-
tional arbitration-we have had such re-
iations of counsel the same as they would
have been if counsel had been all of the
same nationality, practicing before the
highest courts of iudicature in Great
Britain or her colonies, or of the United
States of America.
Some of the questions we have had to
consider have been of the most interest
ing and important charaoter-all of them,
so far as the commissioners are now con-
cerned, and 30 far as we now can pass
Judgment upon them, we are bound to
accept from the standpoint of counsel,
and as worthy of the careful investigation
which has been given them. l doubt
very much whether the rulings of this
commission, whatever they may bel
doubt whether the rulings of a commits
sion so modest and unpretenuious as this
is made by. the treaty. will have an effect
in settling the rules of international law
which counsel on one side or the other
have from time to time intimated thew
might. Butt however that may be, the
questions which we are called on to CON
slider we are bound to Investigate. and
have been bound to investigate, with all
the same care, and all the same fidelity,
as though our rulings, whatever they
may be, were to settle, once and for ali,
the questions of law which are here in
volyed between these great nations. 1t is
on that ground, and also by reason of the
fact that we have taken the testimony
orally, that our sittings have been SO
long. Except for the fact that we have
had the advantage Of taking our proofs
orally. and the consequent delays and
labors involved in so taking it, our work
would have commenced, with the excep-
ton of one or more formal sittings. five
weeks ago, instead of extending through
tho winter season. This should be borne
in mind In considering the length of our
sessions. That is due entirely to the fact
that ordinarily International tribunals