The Forrest City times., 1903-10-23

to such explanation from us as will en-
able them TO comprehend fully the
manner in which their interests have
been dealt with. We take up the points
OF the decision in the order in which
they are presented by the treaty under
which the tribunal was constituted:
"First-The Portland channel-there
are two channels parallel with each
other. with four islands between them.
The Canadian contention was that the
northern channel should be adopted.
The United States contended for the
southern channel. On the result of
the decision depended the possession of
the four islands. Kannaghunut, Sitklan,
Wales and Pearse. When the tribunal
met after the argument and considered
this question, the view of the three
British commissioners was that the
Canadian contention was absolutely
unanswerable. A memorandum was
prepared and read to the commission
ers, embodying our views and showing
1t To be beyond dispute that the Cana
dian contention in this branch OF the
case should prevail. and that the boun-
Diary should run to the northward OF
the four islands named, thus giving
them TO Canada. Notwithstanding
these facts, the members of the
tribunal. other than ourselves, have
now signed an award giving two of
the islands, KannaghuIut and Sitkhn,
to the United States These two is
lands are the outermost of the four
HTf IN md hn Ntatr of hA
Portland channel and the ocean pas
sage to Port Simpson. Their loss
wholly destroys the strategic value to
Canada of the Wales and Pearse is
lands. There is. in our opinion, no
process of reasoning whereby the line
thus decided upon by the tribunal can
he justified. 1t was never suggested by
council in the course of argument that
such line was possible. Either the
four islands belong to Canada or be-
long to the United States. In the
award. Lord Alverstone agrees with the
United States commissioners that the
islands should be divided, giving the
two which possess strategic value to
the United States.
"Seeond-The line northward from
Portland channel-substantia the
Canadian contention regarding this line
was that there are mountains parallel
wiz the coast, within the meaning of
the treaty of 1925 and the tops of such
mountains should be declared the boun-
Diary, the mountains nearest the sea
being taken. The United States con-
tention was that there are no noun
tains parallel with the coast. within
the meaning of the treaty. and that
the boundary must therefore be fixed
under the provisions of the original
treaty relating to ten leagues and so
be run distance of SO miles from the
snore, including in the term shore
the heads of all inlets, bays, etc. The
tribunal finds that the Canadian con-
tention is correct as to the existence of
the mountains within the terms of the
treaty; but the fruits of victory have
been taken from Canada by fixing as
mountain line row of mountains so
far from the coast as to give the Unit
ed States substantially nearly all the
territory in dispute.
Around the head of the Lynn canal
the line follows the watershed, some
what in accordance with the present
provisional boundary.
I'VE are of the opinion that the
mountain line traced by King, the
Dominion astronomer. along the coast.
should have been adopted at least 81
far as the shores of Lynn canal If
effect were given to the contention
that Great Britain had by acQuiesence
10 adverse occupation deprived herself
of her right to claim the head of the
Lynn canal, We would have regarded
such conclusion as perhaps an open
and reasonable Justification. No such
opinion, however, can be taken re-
garding inlets lower down ne coast
Kings line, running along The coast
to the Lynn canal, and the line thence
around the head to the Lynn canal
following the watershed would have
given Canada the heads of the lower
inlets, with at least one fine harbOr
from which easy access to the interior
of the Atlin and Yukon country could
have been had. 1t would not, so far a3
we have been made aware, have taken
any territory ever actually occupied by
United States citizens, it would have
given the United States the whole OF
the Lynn canal, including Skagway,
Dyea and Pyramid hlrbors. and il
would have been. we think. reasonably
satisfactory to Canada. Instead of tax
ing the coast line of mountains, a line
OF mountains has been chosen FAR back
from the coast, clearing completely all
the bays. inlets. etc. The mountain
line adopted as the boundary lies 60
far from the coas' as TO give the
United States substantially all the ter
ritory in dispute. The line completely
clears all the bays and inlets and
means Of access to the sea. giving the
United States complete land barrier
between Canada and the sea. from the
Portland channel Ia Mount st. Elias.
I'VE have not been able 10 derive
any understanding from our colleagues
on the commission as to the DrinciDle