New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-10-21
ClNADA'S LAND SHUT OFF
rFTT OF IL4SKAN AWARD
pominion Commissioners Protest
Lord .4lUerStORe's Reasons.

s'.,,ssuo-th and Sir Louis a. Jette will submit
= contrary opinions to the trfbunal so as 70
'. oe5cially on record, and. while they declined
s,s- The award. they signed the maps agreed
~ b. the majority
The award relating 10 the Portland Canal
.Ass 20 the United States two islands. Kan
ser-ut ana Sitkian. commanding the entrance
- the Portland Channel and the ocean passage
p7-t Simpson. and destroying the strategic
- NJ wales and Pearse islands. which 81.
rive to Canada
-bs mountain line adopted as the boundary
..s s. Far from the coast as TO give the T-nites
s,stes substantially al the territory In dispute
o. lire completely clears all the bays ana in
sets and means OF access 70 the sea giving TO
o. --r5-r5 states complete land barrier he
,vss- Canada and the sea. from the Portland
,sasl 90 Mount -. Elias
a-ov~s The head q the Lynn Canal the line
.,rov-s PIE watershed. somewhat in accordance
s5-h The present provisional boundary
s-e-isl opinions were submitted on the second
80 eth questions 10y Lord Alverstone. Sec
So Roa- and Senators Turner and Lodge
-Airh VIII form part Of the record. and In which
.bs reasons for their conclusions are explained
> has been officially stated that Lord Alver-
.-o-e and the American Commissioners rely on
tbese opinions n answer the criticisms OF the
canadian members of the tribunal. and these
,,-fo-s therefore assume more than legal
81 technical interest.
ro-d Alre-stone. ir dealing with the second
russti7- -ecites his reasons for believing that
re entrance Of the Portland channel was at
g. IS degrees north latitude He says:
sf-e- The most careful consideration Of every
eocuue-t i- the case. I have found nothing 10
sfe- or throw any doubt On the conclusion I
have s--lF eC al and there are certain general
consi5erz-ic-s which greatly strengthen il
r~rr q MS rr-ly
Involves The Determination OF the channel de-
,--fhe5 n IRE treaty. by the words the channel
called The Portland Canal" subsequent his
;o-y can throw 10 ught upon this question. but
thirE i- right 70 say that TIE use il 1858 OF
re name Portland Inlet" If the British Ad-
sni-s-ry charts. upon which the United States
ruch relied. has, y my opinion. no bearing
rpo- the question. therefore answer the sec
one question as follows
TIE channel which runs north Of Pearse and
Ts-es islands and the Islands OF Sitklan and
gsn-sghu-2t and issues into the Pacific be
tvee- Wales Island and SiIklan Island
ALvERsToNE-
On the vital question No. 8 Lord Alverstone
su5u-its seven printed paget- Among other
sh.nrs -he Lord Chief justice says:
I, ny opinion Il Is correctly pointed out on
hehsf ~ The United States that the word
scosst~ is IN ambiguous term There is as far
IS know. no recognized rule Of International
law which would by implication give recog-
MED nearing 70 he word coast as applied to
such si1uosi--es and such waters different from
TIE coast itself After a most careful exsrni-
nation az unable 70 IND any passage in the
ssgoussions connected with the treaty Of 1926
vhir- supports TIE view that Great Britain
ras directly OF Indirectly putting forward
claim 70 ths shore or ports At the heads Of the
i1iets
have tei- 81 Try duty % express the reasons
Nhich LED ne 20 The conclusion TO which have
ooHe TAT ne s1sWeT u the nth question
should BE- IN The afflrInative. because am con-
strained q take viev contrary TO that pre-
serted o. behalf OF Great Britain.
The considerations urged on the behalf Of
Canada continued Lord Alverstone. strong as
the are ia favor q Just and equitable modi-
dcatiCr n The treaty. DO not, in my opinion,
ela5ie one 70 put a different construction upon
the treaty"
This briefly IS Lord Alverst explanation
Ct why be decided against the con- entions OF his
oV1 c1untry-rnen and thereby settled the long
Etandine dispute Il is impossible TO deal ade-
qusteiy hy cable with the technical details he
saducss liz support Of his belief
Mess-s Root Lodge and Turner also submit
long joint opinions on questions No. . and No. >.
The opinion on question 40. 3 is q peculiarly
abe and judicial exposition dealing with the
contention q counsel on both sides with this
sult-
+ is impossible 10 resist the conclusion that
Il construction q the treaty now Conuended for
~ Great Britain is after1hOught never en-
-5rtslne1 By any officer % the British Govern
men during the lifetime OF the makers OF the
e-er ne treaty was signed.
The opinion OF Mr.. AyIesworth has not yet
beer turned in
TIE decision Of the tribunal If made I'D OF
eak"ers 70 The seven questions contained in the
treaty of 1903 constituting the tribunal The
N1eSiic1s and answers follow:
Question what is intended as the point OF
euhEnenCsrent OF the line?
1nsUer-The line commences at Cape Muzon
ctsSleStloa What channel is the Portland
AnsWe--The Portland Channel passes north
- Fearse and Wales islands and enters the
80 49, through Torgas Passage between Wales
az s1tEsn Islands
suestion What course should the line take
:. lae point q commencement to the entrance
- FNlard Channel
91ishef--A straight line 20 the middle Of the
Iahce n Tongas Passage.
weston what point on the flfty-sixth par
etle Is ne line 20 be drawn from the head Of
- portland Channel and what course should II
~o.o" oetS eeu these points,
s. hns7er-A straight line between Salmon and
latitude
euestion 5-In extending the line OF demarca-
- - northTard from said point on the parallel
- ne ifty-Elxth degree OF north LATITUDE, lol-
-ok lng the crest Of the mountains situated par
-, 70 TIE coast until its Intersection with tne
- oegree Of longitude west Of GreenWlch
--.ect 70 the condition that II such line should
- mere exceed the distance OF ten marine
s-~eoeS from the ocean. then the boundary be
- een the British ana the Russian territory
-se4o d formed by line parallel 70 the sinu-
os!les q the coast and distant therefrom not
-..e tnan ten marine leagues, vas II the inten-
- d-ll meaning OF said convention OF 1c-O
Ia there should remain IN the exclusive pos
session q Russia continuous fringe or strip OF
t-set Or the mainland not exceeding ten marine
-eetles II width. separating the British posses
oiA from the bays. ports, inlets. savens ana
selo Point The ffty-siKth degree OF latitude
FI.- So 70 point where such line OF dernarcatlon