The Indianapolis journal., 1903-10-21
CONCLUDED FROM FIRST PAGE3

CONCLUDED FROM FIRST PAGE)
(a) from the line of the general direction
of the mainland coast or (b) from the line
separating the waters of the ocean from the
territorial waters of Russia. or, (c) from the
heads of the aforesaid iniets2
SeVenth-What. if any exist. are the
mountains referred to as situated parallel
10 the coast, which mountains. when within
ten marine leagues of the coast. are de-
ciared 10 form the eastern boundary
THE REPLIES.
An official digest of the decision shows
the award of the tribunal is made UP of
answers to the seven questions contained
in the treaty of 1905, constituting the tribu-
nal. as follows:
First question-Answer: The line COM
mences at Cape MuZzoon.
Second Observation-Disclosures: The Portland
channel passes north of Pearse ana wales
/ Islands and enters the ocean through ron
gas passage between Wales and Sitklan
islands.
Third question-Answer: \ straight line
TO the middle Of the entrance of TonSas
Fourth question-Answer: 4 straight line
between Salmon and Bear rivers direct &c
the fifty-sixth parallel of longitude.
tive.
Sixth Qucstion-Required no answer after
the fifth question had been answered IN the
Seventh Question-Answer: The majority
of the tribunal have selected the line OF
peaks starting 1T the head OF Portland
canal and running along the high noun
tains on the outer edge of the mountains,
shown on the maps of survey made IN
1898, extending TO Mount Whipple and
thence along what is known as the Hunter
line of 1873, crossing the Strikine river,
about twenty-four miles from its mouth,
thence northerly along the high peaks TO
Kate,s Needle from kate's Needle to the
Devils Thumb. Tie tribunal stated that
there was not sufficient evidence, owing TO
the absence of a complete survey, TO lden-
tify the mountains which correspond to
those intended by the treaty. This con-
templates further survey of that portion
by the two governments. From the vicin-
ity of Devils Thumb the line runs to the
continental watershed, thence through
| White and Taya, or Chilkoot passes. west
orly 10 a mountain, indicated on the map
attached TO the treaty as $3.50 feet thence
point in q somewhat curved line across the
! head of the glaciers TO Mount Fairweather
/ This places the Canadian outposts on the
upper water of Chilkat river in British
! territory, and the mining camps OF Porch
pine and Glacier creek in American terri
! tory. From Mount Fairweather the line
I passes north on high peaks along the noun
tains indicated On the maps by Mounts
| Pinta. Ruhama and Vancouver to Mount
| st. Elias
SPECIAL OPINIONS.
Special opinions were submitted on the
| second and fifth questions by Lord Alver-
! stone, Secretary Root and Senators Turner
and Lodge, which will form part of the
| record, and in which the reasons for their
| conclusions are explained. AS Lord Alver-
| stone and the American commissioners rely
/ on these opinions to answer the criticism
/ of the Canadian members of the tribunal.
| these opinions assume more than legal
! and technical interest.
Lord Alverstone in dealing with the sec
! ond question, recites his reasons for believ-
/ ing that the entrance of the Portland cham
| mel was 5445 north latitude.
After the most careful consideration of
every document in the case, Lord Alver-
| stone says: 81 have found nothing to alter
| or throw any doubt on the conclusion have
arrived at, and there are certain general
considerations which greatly strengthen it.
Inasmuch as the questions submitted to us
only involve the determination of the chan
| mel described in the treaty by the words.
/ The channel called the Portland canal,
subsequent history can throw no light upon
/ this question: but L think il right to say
/ that the use in 1853 of the name Portland
4 inlet in the British admiralty charts. upon
which the United States much relied. has
/ In my opinion no bearing upon the question.
1 therefore answer the second question as
! follows: The channel which runs north of
/ Pearse and Wales Islands and the Islands
! of Sitklan and Kannaghunut. and issues
| into the Pacific between Wales Island and
/
| Sitklan Island
On the vital question. number 5, Lord
| AlverStone submits several printed pages.
Among other things, the Lord Chief Justice
SAYS: "In my opinion 1t Is correctly pointed
out on behalf of the United States that the
word coast is an ambiguous term There
/ is as far as I know. no recognized rule
| of international law which would by impli-
cation give a recognized meaning TO the
word coast as applied to such sinuousities
t and such waters different from the coast
itself. After most careful examination
am unable to find any passage in the nego-
| tiations connected with the treaty OF 1925
which supports the view that Great Britain
| was directly or indirectly putting forward
| a claim to the shores or ports at the heads
| of the inlets. 1 have felt it my duty to ex-
! press the reasons which led me to the con-
/ clusion TO which have come that the an
swer of the fifth question should be in the
| affirmative, because / am constrained to
| take a view contrary to that presented on
behalf of Great Britain
The consideration urged on the behalf of
| Canada, continued Lord Alverstone,
''strong as they are in favor OF a just and
equitable modification of the treaty, do not,
| in my opinion. enable one TO put differ
| ent construction upon the treaty"
This briefly is Lord Alverstone's explana-
ton of why he decided against the conten-
| tions of his own countrymen and thereby
| settled the long standing dispute. 1T is i'm
possible to deal adequately by cable with
the technical details he adduces in support
| of his belief.
Messrs Root, Lodge and Turner also sub
NIT long joint opinions on the questions
Nos. 2 and 3. The opinion on question No.
| is a peculiarly able and judicial exposi-
ton dealing with the contention of coun-
| sci on both sides with this result: ''It is
| impossible to resist the conclusion that the
| construction of the treaty now contended
| for by Great Britain is an after thought,
| never entertained by any officer of the
| British government during the lifetime of
| the makers of the treaty and which origi-
| mated at least sixty years after the treaty
1 was signed"
| The opinion of Mr. Aylesworth has not
! yet been turned in.