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On the other hand, Sir Charles Russell, formally submitting the proposition "that the supplementary report of the British Commissioners dated the 31st January 1893, presented solely with reference to the question of regulations and under the provisions of the Treaty of Arbitration of February 29, 1892, is properly presented to the tribunal, and so should be considered by them in the event of their being called upon to determine, pursuant to Article VII., what, if any, concurrent regulations are necessary," contended that, under the treaty, the tribunal must determine, as judges, the questions of right before proceeding to ordain, as just men, a system of regulations; that the words "other evidence" meant evidence specifically applicable to the subject of regulations; and that the "contingency" referred to was a decision of the questions of right adverse to the United States. The subject was argued on the 4th, 5th. 6th, and 7th of April, and on the 12th the president announced the following decision:

"It is ordered that the document entitled a 'Supplementary Report of the British Behring Sea Commissioners,' dated January 31, 1893, and signed by George Baden-Powell and George M. Dawson, and delivered to the individual arbitrators by the agent of Her Britannic Majesty on the 25th day of March 1893, and which contains a criticism of, or argument upon, the evidence in the documents and papers previously delivered to the arbitrators, be not now received, with liberty, however, reserved to counsel to adopt such document, dated January 31, 1893, as part of their oral argument if they deem proper.

"The question as to the admissibility of the documents, or any of them, constituting the appendices attached to said document of January 31, 1893, is reserved for further consideration, without prejudice to the right of counsel on either side to discuss that question, or the contents of the appendices, in the course of the oral arguments."

At the same time the president read the decision of the tribunal on the second motion submitted by the agent of the United States, which had not been argued. The decision was as follows:

"It is ordered that the argument and consideration of the motion made by the United States of America, on the 4th day of April 1893, to strike out certain parts of the Counter Case and proofs of the Government of Great Britain, be postponed until such time as may be hereafter indicated by the tribunal."

The president then expressed the desire of the tribunal not to spend time in discussions on procedure, but to enter as soon as possible upon the main question.

He accordingly invited counsel to address themselves immediately to the matter at issue.

Sir Charles Russell indicated the order in which it had been agreed that counsel would present their arguments, and his statement was confirmed by Mr. Carter.

The president declared that the tribunal would approve of the mode of proceeding agreed upon by counsel, but he requested them to be kind enough, so far as possible, in the arrangement of their arguments, to keep separate the discussion of the matters relating to right and of those relating to the regulations which might eventually be proposed.

Agents and Counsel.

In this relation it is proper to refer to certain The Functions of the points of procedure which were settled by the tribunal during the course of the discussions. When the agent of the United States offered the two motions which we have just been considering, Sir Charles Russell interposed and suggested that the motions should be made by counsel. The president observed that the official representatives of the governments were their agents, and that counsel acted with the agents, but that they must agree between themselves how they would proceed. Mr. Phelps then stated that Mr. Foster was on the point of reading the motions, but was not intending to address the tribunal in support of them. Mr. Foster said: "I fully concur with the president of the tribunal as to my duties. I appear here to present a motion on behalf of the Government of the United States. When I have presented that motion it will be the pleasure of the counsel of the United States to argue that motion. In the proper discharge of my duty, I rise for the purpose of reading and laying before this tribunal a motion." The president inquired whether British counsel protested against this mode of proceeding. Sir Charles Russell replied that they did not wish to do so. The president then said: "We will not recognize the agents as arguing the

We recognize them as representing the government. Counsel will argue the matter and we will dispose of it." Mr. Foster then read the motions, and counsel proceeded to argue them.

On the 7th of April Mr. Phelps called the Shorthand Reports. attention of the tribunal to certain errors in the shorthand notes. The president stated that the only official minutes which were specially under the

authority of the tribunal were the protocols; that the responsibility for the shorthand notes rested exclusively with the agents of the two governments.1

Counsel.

During the oral arguments questions were Questions Addressed frequently addressed to counsel by the arbiby Arbitrators to trators. The president of the tribunal, referring to this circumstance, and especially to certain remarks which he himself had made, announced that if, in the course of the arguments, the arbitrators were led to make observations or to address questions to counsel, such observations and questions must not be considered as expressing any opinion on the part of the arbitrator who made them, and still less as binding the country to which he belonged; that they were simply, so far as the tribunal was concerned, the means of obtaining from the representatives of the parties a more complete elucidation of the points under discussion.

Admission of Documents.

On the 20th of April the agent of the United States caused to be delivered to the tribunal a collection of "Citations from the writings of jurists and economists as an appendix to the argument of the United States."

On the 21st of June Sir Richard Webster produced and proposed to read to the tribunal certain documents then recently presented to the Parliament of Great Britain containing correspondence between Great Britain and Russia on the subject of the seizure of British vessels by Russian cruisers in the Behring Sea.

Mr. Carter objected to these documents being regarded as before the tribunal.

The president, after consultation with his colleagues, announced that the tribunal would permit the documents to be read, but reserved to itself for further consideration the question of their admissibility as evidence.

Sir Richard Webster then read an extract from the documents in question.

The United States, being dissatisfied with the shorthand reports, subsequently withdrew from the arrangement in regard to them, and the British Government continued them on its own account. Soon after the conclusion of Mr. Carter's oral argument, however, a shorthand report of it, revised and corrected, was presented to the tribunal by the agent of the United States.

Illness of an Arbitrator.

On the 25th of April, all the arbitrators being present except Lord Hannen, who was confined to his house by illness, Sir Richard Webster stated that any decision of the tribunal as to the suspension of its labors during the time necessary to insure his lordship's complete recovery would be agreeable to the wishes of the British Government. Mr. Phelps expressed the same disposition in behalf of counsel for the United States. The tribunal decided to adjourn till the 2d of May, when it reassembled, all the arbitrators being present.

Absence of a Co-secretary.

On several days, during the temporary absence of Mr. H. Cunynghame, one of the two co-secretaries, the tribunal authorized Mr. H. A. Hannen, secretary to Lord Hanuen, to perform Mr. Cunynghame's duties.

Sessions of the
Tribunal.

The regular hour of meeting of the tribunal was 11.30 a. m. At 1.30 p. m. a recess was usually taken, and after reassembling the tri

bunal sat till 4 p. m.

ments.

The oral argument on the merits of the case Order of Oral Argu- was opened by Mr. Carter on the 12th of April and was continued by him on April 13, 14, 18, 19, 20, 21, and May 2. On the last day Mr. Carter discussed the subject of regulations. As he was proceeding to deal with it, Sir Charles Russell observed that counsel for Great Britain would in the discussion keep absolutely separate matters relating to right and those relating to regulations. The president "recalled the fact that the tribunal had decided, without prejudging the question of right, to give to counsel on each side, who had agreed upon this point, full liberty to ar range their arguments in such manner as they thought most convenient, but always, as far as possible, so as to keep the questions of right distinct from the regulations;" and he added "that the tribunal took note that both parties had decided to defer to this desire."

On the 3d of May Mr. Coudert began his oral argument, which was continued on the 4th and 5th and concluded on the 9th.

Sir Charles Russell began his argument for Great Britain on the 10th of May. He continued it on the 11th, 12th, 16th, 17th, 23d, 24th, 25th, 26th, and 30th, and concluded on the 31st.

He was followed on the same day by Sir Richard Webster, who spoke also on June 1, 2, and 6, and concluded on the 7th. Sir Richard Webster was followed by Mr. Robinson, who opened his argument for Great Britain on the 7th of June and closed it on the 8th.

On the same day Sir Charles Russell opened for Great Britain on the subject of regulations, continuing his argument on the following day and closing on June 13. He was immediately followed by Sir Richard Webster, who continued on June 14, 15, and 16, and concluded on the 20th. Mr. Robinson followed, concluding his argument on the following day.

Mr. Phelps began the closing argument for the United States on the 22d of June. He continued it on the 23d, 27th, 28th, and 29th of June, and the 3d, 4th, 5th, 6th, and 7th of July, concluding on the 8th.

ing.

On the conclusion of Mr. Phelps's argument Conclusion of Hear- Sir Charles Russell, in the name of his colleagues, thanked the members of the tribunal for the kind attention with which they had followed the lengthy debates. He also thanked the secretary, co-secretaries, and assistant secretaries of the tribunal, as well as the private secretaries of the arbitrators for their obliging and useful assist

ance.

Mr. Phelps, concurring, in behalf of counsel for the United States, in what Sir Charles Russell had said, spoke of their appreciation of the ability and courtesy with which the president had directed the discussions, and renewed the expression of their gratitude for the hospitality of France.

The president thereupon announced that the tribunal would take the case under consideration.

Sir Charles Russell and Mr. Phelps expressed the desire that if the tribunal should, during its deliberations, find it necessary to obtain from counsel any further information, the request for such information and the answer thereto should be in writing.

The president replied that the tribunal would take note of the request as far as possible, without, however, surrendering the right given it by the treaty to require all such information, whether oral, written, or printed, as it might deem useful.

The agent of Her Britannic Majesty announced that the agent of the United States and himself would remain in Paris at the disposition of the tribunal.

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