The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-09-16
ARGUMENT IN ALASKA CASE.
CANADIANS THINK THEY HAVE
SCORED A POINT.
IL Concerns the Interpretation ri French
Phrase Regarding the Boundary--At-
torney-General frniay speaks-C Chief
Justice Fuller Attends the Hearing.


Justice Fuller Attends the Hearing.
Special Gable Despatch to The SUN.
LONDON, Sept. l5.-The sessions OF the
Alaskan Boundary Commission, prelimi-
nary meeting of which was held on sept.
3, were resumed to-day and are to be held
daily hereafter. The commissioners as
sembled in the large reception room OF
the Foreign Office without Formally. They
took seats on platform at long table
covered with blue baize.
Sir Robert Finlay, the British Attorney
General, arose at IL O'Clock to make the
initial argument on behalf Of the United
Kingdom and Canada At that time the
room was nearly filed with spectators,
including various officers connected with
the tribunal and many women. Ambassa-
dor Choate and Chief Justice Fuller OF the
United States Supreme Court arrived half
an hour after Sir Robert had begun his
address, and sat at me of the tables provided
for counsel, facing the commissioners
They remained for an hour,
Sir Robert began his argument with
brief review OF the entire Alaskan boundary
controversy and the various attempts that
had been made to settle it, He took UP the
Canadian side of the question, laying par
ticular stress from time to time upon the
contention that the tribunal must not 60
outside of its instructions az laid down by
the treaty under which it sits. Its duty. he
contended, was merely to throw light upon
obscure passages in the treaty OF 1925 and
not to interpret the treaty itself. He as
serted that the greater part OF the United
States case was based upon an endeavor
to have the negotiations serve this purpose.
Some discussion arose when Sir Robert
quoted the instructions issued to the United
States surveyors in 1893 to the effect that the
eastern boundary should follow the gen.
cral trend of the coast, which. he asserted.
supported Canada's contention.
Senator Turner. one Of the American
commissioners, inquired whether the in
structions did not, in fact, read the trend Of
the general coast" to which Sir Robert
replied that he thought both readings
meant the same thing.
Lord Chief Justice Alverstone ended the
discussion by saying that the instructions.
being simply from surveyor to his subor-
dinates, were not important
Sir Robert Finlay proceeded to read
mass of correspondence, but Lord Aver
stone interrupted him with the remark
that it could be assumed that the tribunal
had studied the correspondence, and It
would expedite matters If Sir Robert would
simply indicate particular passages.
The afternoon session developed point
which gave the Canadian advocates much
satisfaction. 1t turned upon the transla-
ton Of the phrase "a la hauteur.'
The Attorney-General interpreted the
words used in the Russo British CORE
spondence leading to the signing Of the
treaty of 1925, not AS showing that the
boundary lies ION the same parallel" as the
Prince of Wales Island. as alleged by the
United States, but of Of" as asserted by
Canada The American contention il that
the expression means at the latitude. v
which would bear out the contention that
the southern boundary is "a degrees 40
minutes.
Lord Alverstone supported the claim OF
Sir Robert Finlay, saying that the phrase
was common French nautical term, mean
ing off Canadians believe that this
destroys the American conte ntion and
that the Canadian claim that the boundary
should be placed at 54 degrees As minutes
will be made good.
The ultra Radical Daily Neps editorially
accuses Sir Robert Finlay of having used
infiammatory language in opening the Brit
ish case because he complained that the
United States desired TO cut Canada of
from the ocean and wished to draw from
tier line which was an ostentatious defiance
Of the treaty.
Here" says the Neus. ia distinct charge
of rnala tides against friendly and nearly
related Power. 1t is preposterous that
the senior legal adviser of His Majesty e
Government should use expressions which
even If Justified by facts, would much better
be left unsaid.
we. however. are not by any means Ger.
tain that the British case Is sound. Not
| only are the Americans in possession, which
after all is nine points of the law, but many
quite impartial authorities consider heiI
case on the treaty as unanswerable. In
any case we hope the arguments will be
couched in phrases which will not impute
bad motives
HERR BEBEL on LEADERSHIP