Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-24
Canada's circumstance"

Canada is acting rather grumpishly In
the matter of naming her representatives
on the Alaskan boundary commission. one
of the dominion ministers says that Canada
has not been fairly treated. In the first
place when she gave way" to arbitration
by a tribunal 1t was with the understand
ing that three judges Of the United States
Supreme Court should sit with British ana
Canadian judges. Instead. the minister
complains. the United States has named
Secretary Root and Senator'S Lodge and
Turner who, he protests. cannot be re-
garded as Impartial jurists OF reputef' as
the treaty stipuIates. Consequently Can
ada has Demonstrated and until an an
swer has been received will not name her
representatives.
Perhaps this Canadian minister Is taking
a specialized view Of the word 'jurist." He
may understand it to signify only sitting
member of a law court. That Is not the
American nor Is it the dictionary meaning.
It means a student of the law. writer on
the subject Of the laws. one versed In the
law, or an expounder Of the law. There Is
no more distinguished American lawyer
today than Secretary Root. He was one Of
the foremost leaders Of the American bar
when he entered the cabinet. He is as
suredly a jurist Of repute. Senator Lodge
Is more distinguished for his work in the
making Of laws than for his special study
OF the laws. but he holds the Harvard de-
gree Of LIB. and the Williams College
degree OF LID. besides having written
voluminously on the subject Of the coun-
try's law-making processes and it's fun
damental principles. He is certainly en-
titled to the same designation. Senator
Turner is a graduate Of the law depart
ment Of university, has served as a mem
Der of the Washington territorial supreme
court and assisted in the writing of the
constitution Of the new state Of Washington.
He has since served in the Senate. thus
having assisted in the making of both ma
tional and fundamental state laws and in
the expounding Of territorial and federal
laws. He likewise must be classed without
equivocation as jurist of repute.
But 1t Is furthermore objected that these
jurists are strongly antagonistic to Canada's
claims and therefore are not impartial"
1t would be difficult to find three American
jurists of repute who entertain views
on the subject of the Alaskan boundary
which are acceptable to Canada. Per-
haps they would, If found, be unaccepta BILE
to the United States. In any case it is
CNechy AoI SdudOd u expect the
United States to name three men who are
friendly to Canada. or who do not thor
oughly understand the American case in
advance of their service. They would be
stupid uniformed citizens If they did not
know that the Russian treaty, formally
ratified by England and afterward ex-
pounded by an international commission,
for many years prior to and following the
American purchase was regarded as stipu-
lating that the boundary should run thirty
miles from the coast line and not thirty
miles from headland to headland along
the coast. cutting of from American terri
tory great stretches of sea shore.
Canada will perhaps In a few days real
lie that this treaty Is not designed to sub
NIT the case to an arbitration at all, was
not so intended by either England or the
United States. but Is merely polite means
Of putting an end to boundary claims in
behalf Of which England has never been
able to advance the first substantial argu-
ment, and In opposition to which the Unit
ed States has only to point to the British
admiralty globes and maps, which fix the
line precisely as the American contention
now and always has placed it.