The San Francisco call., 1899-06-04
DISPUTE AS TO
THE BOUNDARY
British Review of the
Negotiations.
PROPOSALS FOR ARBITRATION
ALASKAN CONTROVERSY DE-
LAYED COMMISSIONS WORK.
Various Rules Were Outlined for Set
tlement, but an Adjustment
Was Delayed by OBJ
jections.
Special Dispatch to The Call.

LONDON, June 3.-The Foreign Office
issued Parliamentary paper to might
giving in detail the proceedings of the
Joint High Commission in Washington on
February Is relating to the British pro-
posals for arbitration on the Alaskan
boundary. 1t says the British Commits
sioners proposed the immediate appoint
ment of tribunal of arbitration to de-
termine the boundary between Alaska
and Canada from the southernmost point
at Prince of Wales Island to Mount St.
Elias in accordance with the Anglo
Russian treaty of February 2S, 1925, The
tribunal to consist of three jurists, one
nominated by the Privy Council, one by
President Mckinley and the third to be
selected by the two nominees.
The rules governing the arbitrators
We're as follows:
A. Adverse holding of prescription dur
ing period of fifty years shall make good
the title. The arbitrators may deem eX-
elusive political control of the district, as
we'll as settlement thereof sufficient to
constitute adverse holding or make pre-
ScriptiVe title.
B. The arbitrators may recognize and
give effect to rights Of claims resting on
any other ground valid according to in
ternational law or principles of interna-
uonal law that the arbitrators may deem
applicable to the case which are not in
cOntrovention of rule A.
{. In determining .he boundary, if the
territory of any one party shall be found
by the tribunal to have been at the date
OF this treaty in occupation of the sub
jects or citizens of the other party, such
effects shall be given to such occupation
as reason, justice, the principles of inter
national law and the equity of the case
require.
The other articles provide for a meet
ing sixty days after the printed articles
are submitted; that all questions, in
cluding the final judgment, shall be de-
termined by majority of all the arbitra
tors, the decision, if possible to be rem
dered within three months of the close
OF arguments; and the employment of
necessary assistance of scientific experts,
each Government to pay its own expenses
and the other expenses to be equally di-
vided
high contracting parties shall engage TO
consider the result of the proceedings as
full, perfect and final settlement of all
questions referred to the arbitrators
The Americans accepted the proposals
as the basis of adjustment, but they pro-
posed in addition to the Anglo oRussian
treaty that the boundary should be de-
fined in accordance with the Russian
American treaty of cession or as the
same shall be established by the tribunal
under rules hereinafter provided, the
tribunal to consist of six impartial jurlsts
of repute, three to be nominated by the
Privy Council and three by. the President
of the United States. The Americans
also proposed an amendment to rule a,
as follows:
I'm considering the coast referred to in
said treaties, it is understood that the.
coast continent is intended and that all
towns and settlements on tidewater set
tied under authority of the United States
and under jurisdiction of the United
States at the date of the treaty shah
remain within the territory and juris-
diction of the United States"
The British Commissioners regretted
that they were absolutely unable to ac-
cept the suggested modification to their
sra rlNea tod ri
can tribunal did not provide tribunal
which would necessarily and in the pos
sible event Of differences of opinion finally
dispose of the question: and because the
amendment to rule c marked an import
ant departure from the rules of the Vene-
zuelan boundary reference which left all
such questions to be determined by the
tribunal, and because the words added by
the United States claim that an effect
should be given to their occupation of
land in British territory which justice,
reason and the equities OF the case re-
The British Commissioners also OBJ
jected that the language used with refer
ence to the coast was open to miscon-
struction, and they were of the opinion
that it was useless to further press the
negotiations at present and that they
must refer the matter to their Govern
ment for an exchange of views in re-
spect to the constitution Of the tribunal
The Americans inquired whether the
British Commissioners had considered
the question OF selecting an umpire from
the American continent The British
members replied in the affirmative, add
ing that they thought it most objection
able, in view of the policy long main
tanned and recently asserted by the Gov
ernment of the United States toward
other nations on the said continent. The
selection of an umpire by any such ma
ton would not offer a guarantee of i'm
partiality which was the first qualifica-
ton requisite.
The Americans then proposed to proceed
to settle the remaining subjects, as they
thought it would be unwise to defer adj
justments so nearly concluded. Several
subjects were so far advanced as to as
sure the probability of a settlement. IT,
then, all the differences except one could
now be adjusted would it not be most
to advance neighborly
friendship and could not the respective
Governments be trusted to settle the
remaining difference by direct
The British Commisssion-
ers replied that all questions should be
deferred until the boundary was disposed
of either by agreement or by reference 70
because the manner in which
they were prepared to adjust some other
important matters must depend upon
whether it would be possible to arrive at
a settlement Of all questions which might
at any time occasion acute controversy
nt