The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-09-03
OvERWHEL

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that the United States has occupied
this strip of territory ever since Its ac-
QUESTION from Russia and that Russia
had controlled it since the treaty of 1925,
until ceded to the United States In 1857.
! In it's counter statement the American
| commission makes reJoinder to points
covered in the presentation of the Brit
! ish side of the case, which it appears
| contains 70 or more documents, which
heretofore have not been given to the
public.
The additional evidence referred to
bears upon the negotiations which took
place between Great Britain and Russia
| during the years 1923 to 1925, and it is
contended that this new evidence in no
way alters any material contention
made in the original allegation but that
on the contrary lit confirms and
strengthens the position of the United
States
statements made and letters written by
Mr. Pelly, who was at that time deputy
governor of the Hudson Bay company
and it is contended that his letters fully
sustain the assertion that in fixing a
| line of demarkation the British govern
ment acted solely in the interests of that
company.
The commissioners discuss at some
length the claim made by their oppon-
ents that many protests have been filed
by British officials against the American
claim in reference to the boundary line.
They admit that from time to time there
have been informal representations but
these they assert were in the main with
out sufficient data to justify serious con-
sideration. Indeed they say that never
until after the Klondike gold discover
les were made in 1895. did the British
government take up the question ser
iously. They admit that in 1898, atten-
ton was called to the claim of the
British government that the 10 league
strip extended only from the main wa
tiers of the ocean. but they say that this
contention was not made absolutely
clear until the British case was delivered
TO the present tribunal on the I'd of May
last. In support of the American con-
tention that the strip should measure
from tide water and from the heads of
bays and inlets a number of dispositions
are produced in connection with the
counter case going to show the Occupa-
ton of this strip by settlers from the
United States since 1880. Especial ef-
fort is directed toward showing the con-
troll of the country about the head of
Lynn canal, including the sites of the
towns of Dyea, Skagway, White Pass
and Lake Bennett. 1t also is stated that
numerous documents have been preserV-
ed which had been given to Indian
chiefs and others by officials of the Uni
ted States showing the presence in the
Lynn canal inlets of naval and other
authorities of the United States annual
ly for 70 years aIter the Oniteu STATES
acquired the territory. 1t is contendeG
that this occupation and control were
known to the Canadian government and
its people.
Discussing the boundaries proposed
nv Great Britain, the commission makes
reference to the instability of the Cana
dian contention on this point. and con-
cludes that the United States has from
the time of the cession of Alaska to
| the present day maintained but one in
/ 3 toff lon of n
position has been open and known to the
world. It is the same which was pre-
scented to the tribunal in it's case and
which it now reiterates in this counter
case"
The argument in the case is careful
study of maps, treaties and other doc
uments bearing upon the boundary con-
! tention and it is intended to drive home
/ the facts presented in the statements
to which reference has been made. Con-
siderable space is devoted to the part
played by the Klondike gold discoveries
/ in arOusing Great Britain'S interest in
the controversy, and in this connection
notice is taken of an assertion made
by the British commission that the
towns of Dyea and Skagway owed their
! existence to the migra ton to the klOn-
dixie. They assert on the contrary that
Dyea was founded in 1886 and Skag-
way in 1888 They contradict fatty
contention made by the British commits
SiOnerS to the effect that "Canada'S
claim to the territories at the head of
Lynn canal was at the time well known
to the United States government"
/ This, they say, us a gratuitous as
sertion. There is no proof to sustain
4 it. Canada never put forward any such
claim TO the United States. The claim
was first made in 1898 by Great Britain
before the joint high commission. 1t is
said that if the Canadian government
had instructed British vessels to disre-
gard the regulations there would have
been grave danger of serious COLI
SION There undoubtedly would have
/ been collision just certainly as if
they had been instructed to disregard
the regulations of the port of New
York"
Strong execution also is taken to the
contention that there was a reservation
| on the part of Great Britain when the
United States volunteered to create
port of entry at Dyea. The argument
asserts that whatever reservation there
was was made by a commissioner of
| customs. and that he had no authority
in the premises.