New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-08-06

he made on the part Of the l iIeu Ss'I by
nv the President of the lilleu SUI the
and with the advice ana cohseIit -, ,oent
Snnate thereof. his majesty's GoNerIiiiI'l'' ~
roSnr,,inp the right before concluuiIe
special agreement in any ins,e,.nipg do
ing the interests of seh-soNett obtain
minion of the British EnpHt '" ,overn-
The concurrence therein OF the s'''"
such agreement shall be bindlng WI" :, ~
confirmed by the two goVerhllen'' ~
exchange Of notes.
ARTICLE II.
The high contracting pats a,,soe and
agree TO Institute, as occasion 80 high
as hereinafter provided, Soi ,'nor he
commission of inquiry, 10 Mi Mi he referred
request of either party. snali pe t,,,,,nstiga-
FOR impartial and conscientious tiles
zion any controversy between lie pc. ',cb
within lie scope of Article DeiV 70 arhi-
controversy has been suDhn''e GU, .roversy
tratinn and also any otner coHliO a, a.
herea fer arising between them, ent i..ir
they are not agreed that II lalls mdC,i
the scope of Article l. proVlueu' nootnored
that such reference may DC pf,ar the
until the expiration OF one year elser ~
date of the formal request therelogi,, ,i ~
order TO afford an opportunity lol t.Lo
matte discussion and adJustneht VI Nv
questions I'm controversy IL either pa
desires such postponement. 90 d,f
Whenever q question or matter OF ull-
ference is referred to the joint hlSh G9l,I
mission of inquiry, as heTeIn ~ sba II
each of the high CONTRACTING pa -. - ~ a g
designate three of it's nationals 10 az "a. az
,nernblrs of the commission OF inquiry Ior
the purpose of such reference; or lhe co'i ~.
mission may be otherwise cohsuluteeu "a
any particular case by the tel Iiis oo,on,is
erence. the membership OF the coiillhls-
sion and the terms Of reference 10 De ue
,er,nined in eaCn case by an exchange VI
notes. - DC ;ncI,
sive, of the convention for the paclnc SCI
Element of international disputes concur
ed at The Hague on OCTOBER ID, $50 ~
far as applicable and unless they a. Iii liz
consistent with the provisions vi 81, 20
treaty. or are modihed by Ime eartIc,,a
reference agreed upon in any partIcuia al
case. shall govern the organization anu
procedure of the commission.
ARTICLE III.
The Joint high commission OF INQUIRY
instituted in each case, as PROVIDED TOT
in Article IT,, is authorized to examine
into and report upon the particu.ar
questions or matters referred to It, TOR
The nurnose of facilitating the solution
of disputes by calculating the facts
and to define the issues presented by
such questions. and also to include ~
it's report such recommendations ana
conclusions as may be appropriate. =,
The reports of the commission snail
not be REGARDED as decisions OF the
questions or matters so submitted,
either on the facts or on the law, ana
shall in no way have the character OF
an arbitraI award.
Il is further agreed, however, that in
cases in which the parties disagree as
to whether or not difference is sub I.
iect to arbitration under Article ! OF
this treaty, that question shall be SUP
ntted to the Joint high commission OF
inquiry; and il all or all but one OF the
members Of the commission agree and
report that such difference is within the
scope Of Article it shall be referred to
arbitration in accordance with the pro-
visions OF this treaty.
ARTICLE ".
The commission shall have power 10 adj
minister oaths TO witnesses ana take evil
dence on oath whenever deemed neces-
SAW in any proceeding. or inquiry, or
matter within IL jurisdiction under THIS
treaty. and the high contracting parties
agree 70 adopt such legislation as may ne
appropriate and necessary 10 give me
commission the powers above mentioned
and IN nrovide for the issue Of subpoena
and for compelling the attendance of Wit
nesces in the proceedings before the COM
mission.
and each party is entitled to appoint an
agent whose duty II shall he to repre-
sent his government before the commits
sion and 10 present 10 the commission.
either nersonally or through counsel re-
tained for. that purpose. such evidence
and arguments as he may deem neces-
sary and appropriate for the information
of the commission.
ARTICLE V.
The commission shall meet whenever
called upon to make an examination and
reDort under the terms Of this treaty, ana
the commission may fix such times and
places for its meetings as may be neces-
snrv subject ~ all times to special call
or direction Of the two governments.
Each commissioner. upon the first Joint
meeting Of the commission after his ap-
pointment, shall before proceeding with
the work Of tho commission make and
subscribe p solemn declaration in writing
that he will faithfully and impartlallv
perform the duties imposed upon him I'M
der this treaty. and such declaration shall
be entered on the records of the proceed
ings of the commission.
The United States and British sections
Of the commission may each appoint a
secretary. and these shall act as Joint
secretaries of the commission AT its Joint
sessions. and the commission may en-
plov experts and clerical assistants from
time TO time. as IL may deem advisable.
rho salaries and personal expenses OF the
commission and of the agents and coun-
sci and Of the secretaries shall he paid by
their respective governments, and all
reasonable and necessary joint expenses
of tho commission incurred by il shall
be paid i'm equal moeties by the high con
tracing parties.
ARTICLE VI
rms treaty shall supersede the arbitra-
tion treaty concluded between the high
contracting parties on April 4. 1905. but
all agreements. awards and proceedings
under that treaty shall continue i'm force
and effect, and this treaty shall not az
feet in any wa the provisions OF the
treaty of January II. 1909. relating 10
questions arising between The United
States and the Dominion of Canada.
ARTICLE VII.
The present treaty shall be ratified by
the President of the United States Of
America. by and with the advice and
consent OF the Senate thereof and by
His Britannia Majesty. The ratiications
shall be exchanged at Washington as
soon as possible. and the treaty shall
take effect on the date Of the exchange
of It's ratificatiOns. II shall thereafter re-
main I'm force continuously, unless and
until terminated ny twenty-four months
written notice given by either high con
tracing party TO the other.
I'm faith whereof the respective pleni-
potentiaries have signed this treaty In
duplicate and have hereunto aihXed their
seals
Done at Washington, the third day Of
August in the wear OF our Lord one
nin, hundred and eleven