New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1903-09-28
ALASKA ARBITRATION.
Trend of the Argument-Free and
Close Construction of Treaties.
London. September IS

London, September ID
The Alaska boundary arbitration is protected
by diplomatic safeguards against undue pub
lefty British officials never like to have too
many spectators about. and whether II Is the
funeral OF a great statesman like Mr.. Glad
stone. or the opening Of Parliament by the Kins.
/ or the trial Of Earl Russell by his peers or the
session OF an international arbitration tribunal.
overcrowding is prevented and the funetonaries
are put to little Inconvenience as possible.
II the Foreign CfHce could have regulated the
procedure there would have been no press rep
resentatives present this morning when the oral
argument was opened for the British side in the
Alaska case. and its influence was sufficiently
strong to reduce the number to a small group Of
listless witnesses. The wives and daughters Of
the American and Canadian commissioners.
agents. counsel and experts were admitted
special act Of grace. and there were few priv
LEGGED spectators. AL were glad to escape from
the stately conference room when the luncheon
hour came and few among them were likely to
reappear at subsequent sessions. The argument
was. indeed. miracle Of dulness on the opening
day. and the six commissioners needed all the
stimulus Of the novelty OF their experiences in
order to avoid falling asleep in their chairs.
Sir Robert Finlay. the Attorney General. who
opened the British argument. is capable and
Industrious Scotch advocate but he has a halt
out animation. and even when he has carefully
prepared his case and Is thoroughly interested
in 1t. presents It in a DUH u1ethodical way. An
advocate equipped with sound Judgment and
varied experience. he has the hard ard dry
Scotch habit OF mind. and while he Up
evidence with Iucidity for the bench seldom
commands the sympathies Of jury and never
entertains an audience. In this instance he had
been coached by a group Of Canadian lawyers.
who were deeply interested IN their work and
determined not TO leave a stone unturned in
Strengthening their case. M Clifton Seton.
the British agent is one Of the cleverest men
connected with the ottawa government. and he
has recruited a strong staff Of lawyers. sps-
ciaIists and experts. One Of them Is Mr.. F. C.
Wade. who knows every curve. headland and
landmark Of the Alaskan coast. another Is Mr..
JOSEPH Pope Under Secretary OF State IN
Ottawa who has made a close study OF the con-
troversy from the Dominion records; and thers
are as many as six Canadian and English bar
risters and solicitors. who have had full access
TO the archives Of the Foreign ONCE and have
accumulated great mass Of detail IN support
Of the British contention that the line OF de-
rnarcation Of the Russian "lisiere de cote" de-
fined in 1926 was to be ten marine leagues from
the Pacific Ocean. and not from the upper shores
Of inIets or arms Of the sea. Sir Robert Finlay
was perhaps embarrassed with the efficiency and
zeal Of this large and Industrious staff. which
had worked UP hts case for him. Certainly he
spoke more s1uggishy than vas HIS habit. Yet
there was TO lack OF lucidity IN his exposition
Of the British and the American claims. and
there was adroitness in his method OF presenting
one case as more reasonable than the o,hsr.
The highest law officers OF the Crown are IN
variably employed IN international arbitration
practice They are well supported by special
counsel and take pride in presenting their cases
with thoroughness and dignity. Sir Edward
Carson will cooperate with Sir Robert FinIay n
advocating the Canadian claims. and there will
be no evidence Of Indifference % colonial inter
ests. All the resources Of the Foreign Ofice and
OF the Crown law Offices have been placed at
the disposal Of Canada, and the British case has
virtually been made up by the best legal talent
In the Dominion. Moreover, two Of the British
commissioners are Canadians and the third, the
Lord Chief Justice. by virtue OF his own ser
vice before arbitration tribunals. may be as
sumed to be in sympathy with the pleadings Of
the Attorney General and the Solicitor General.
II an adverse decision on the Canadian claims
be reached It will not be from any lack OF abf-
ity on the part Of the British advocates. They
have mastered their briefs and. sluggish as their
delivery may be. are thoroughly interested In
winning their case The American advocates.
Mr. Watson Mr.. Dickinson and Mr.. Taylor,
have a more closely reasoned brief and the bet
ter case, and can be depended upon TO hold their
ground against their distinguished British as
sociates. In the printed arguments the af-
vantage lies with the American side. and a.
these are merely expanded and emphasized IN
the oral pleadings the balance in favor Of the
United States ought not TO be reversed at the
close OF the proceedings.
When the treaty OF 1925 was negotiated the
Alaska coast was the hunting and fishing
ground Of the Russian-American Company.
Count NesseIrode the Russian Minister Of For
eign Affairs. explicitly stipulated for exclusive
control OF the coast and adjacent waters. So
long as strip or border of coast was provided
as the base for these tidewater fishing and
hunting operations he was prepared to guar
antee free navigation Of rivers and streams
emptying into these Russian waters. The sea
ward base Of the mountains assumed BY
both the British and Russian governments to be
the natural eastern boundary OF this strip Of
coast; but in order to guard against defective
surveys and charts the inland line was brought
within a specified number Of leagues from the
sea. Wherever the mountains parallel 10 the
seaboard exceeded ten marine leagues from the
ocean the line was 10 follow the windings and
sinuosities Of the coast at that distance from It.
There may not have been a precise definition OF
the words coast" sea and ocean" but there
was an obvious Intention Of securing the fishing
waters and hunting grounds. and in default OF
seward mountains the line was to be measured
in accordance with the sinuosities Of the sea
board \ literal Interpretation OF the treaty OF
1928 strongly favors the American view ana
after the convention was negotiated what the
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