Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-08-07

tioles SO and ~ Of such convention, shall
govern the arbitration proceedings to be
taken under this treaty.
The special agreement in each case shall
be made on the part of the United States
by the president OF the United states, by
and with the advice and consent OF the
senate thereof, his majesty's government
reserving the right before concluding q
special agreement in any matter affect
ing the interests Of self-governing do
minion of the British empire to obtain
the concurrence therein of the govern
ment of that dominion.
Such agreement shall be binding when
confirmed by the two governments by
an exchange of notes.
Article 2-The high contracting par
ties further agree to institute as occa-
sion arises, and as hereinafter provided
a joint high commission OF inquiry to
which, upon the request of either party,
shall be referred for impartial and con-
scientious investigation any controversy
between the parties within the scope of
article /, before such controversy has
been submitted to arbitration. and also
any other controversy hereafter arising
between them even il they are not agreed
that 1t falls within the scope of article
Il provided, however, that such refer
ence may be postponed until the expira-
tion, Of one year after the date of the
formal request therefor, in order to af-
ford an opportunity for diplomatic dis
cussion and adjustment of questions in
controversy, IL either party desires such
postponeiment
Whenever a question or matter of differ
ence is referred to the joint high commits
sion of inquiry, as herein provided, each
of the high contracting parties shall deslg-
nate three of Its nationals to act as mem
beers % the commission of inquiry for the
purpose of such reference; or the commits
sion may be otherwise constituted I'm any
particular case by the terms Of reference,
the membership of tho commission and
the terms OF reference to be determined in
each case by an exchange Of notes
The provisions Of articles to &c, inclu-
sive, of the convention for the pacific set
Element of international disputes CON
cluded at The Tague ON october IS. 1907,
so far as applicable. and unless they are
inconsistent with the provisions of this
treaty, or are modified by the terms 81
reference agreed upon In any particular
case, shall govern the organization and
procedure of the commission
Article 3-The joint high commission Of
Inquiry. instituted In each case as provided
for in article 2, is authorized to examine
into and report upon the particular ques-
lions or matters referred to II, for the
purpose of facilitating the solution of dis
putes by calculating the facts, and to de-
fine the issues presented by such questions,
and also to include in its report such
recommendations and conclusions as may
be appropriate.
The representations OF the commission
shall not be regarded as decisions of the
questions or matters so submitted, either
on the facts or on the law and shall in
no way have the character OF an arbitral
award.
1t is further agreed, however, that in
cases In which the parties disagree as to
whether or not a difference is subject to
arbitration under article l of this treaty,
that question shall be submitted to the
Joint high commission of inquiry; and II
all, or all but one of the members-of the
commission agree and report that such
difference is within the scope OF article h
II shall be referred to arbitration In &C
cordance with the provisions of this treaty.
Article 4-The commission shall have
power to administer oats to witness and TO
take evidence on oath whenever deemed
necessary in any proceeding, or inquiry, or
matter within its jurisdiction under this
treaty, and the high contracting parties
agree TO adopt such legislation as may be
appropriate and necessary to give the COM
mission the powers above mentioned and
to provide for the issue of subpoenas and
for compelling the attendance Of witnesses
in the proceedings before the commission.
On the inquiry both sides must be heard,
and each party is entitled to appoint an
agent, whose duty II shall be to represent
his government before the commission and
to present to the commission, either per-
sonaly or through counsel retained for
that purpose, such evidence and arguments
as he may deem necessary and appropriate
for the information OF the commission.
Article 5-The commission shall meet
whenever called upon to make an examlna-
ton and report under the terms of this
treaty, and the commission may fix such
time and places for It's meeting as may be
necessary subject at all times to special
call or direction OF the two governments.
Each commissioner upon the first joint
meeting of the commission after his APP
pointment, shall. before proceeding with
the work Of the commission. make and sub
scribe a solemn declaration in writing that
he will faithfully and impartially perform
the duties imposed upon him under this
treaty and such declaration shall be entered
on the records OF the proceedings of the
commission,
Article 6-This treaty shall supersede
the arbitration treaty concluded between
the high contracting parties on April 4,
1908, but all agreements, awards and pro-
ceedings under that treaty shall continue
in force and effect and this treaty shall
not affect in any way the povislons OF
the treaty of January IL, 1903, relating
TO questions arising between the United
States and the Dominion OF Canada
Article THE present treaty shall be
ratified by the president OF the United
States OF America, by and with the adj
vice and consent of the senate thereof,
and by his Britanic majesty. The rati-
fications shall be exchanged at Wash
ington as soon as possible and the treaty
shall take effect on the date Of the ex-
change OF its notifications. 1t shall there
after remain in force continuously I'M
less and until terminated By twenty-four
months written notice given by eth er
high contracting party 10 the other
In faith whereof the respective pleni.
potentiaries have signed this treaty in
duplicate and have hereunto affixed their
seals.
Done at Washington. the third day OF
August In the year OF our Lord one thou
sand nine hundred and eleven