AMERICAN continued. Fishing Claims-Continued, Nickerson, Gossip, Flirt, Ella G. King, Helen G. Wells, Ramona, Massachusetts. Ellen C. Burke, J. J. Flaherty, Geo. R. Alston, Maxine Elliott, Vera, Orinoco, Miranda, Madonna, Atlanta, Gov. Russell, Mystery, Jas. A. Garfield, L. I. Lowe!!. Dora A. Lawson, Tattler, Alice R. Lawson, Olga, J. R. Bradley, Fannie Smith, Rob Roy, Smuggler, Essex. Athlete, Valkyria, Sceptre. W. H. Jordan (6 vessels)-Lewis H. Giles, O. W. Holmes, The Gatherer, Hattie E. Worcester, Goldenrod, Joseph Rowe. Orlando Merchant (16 vessels)—Avalon, Constellation, O. W. Holmes, Golden Rod, Grayling, Joseph Rowe, Harvard, Mary E. Harty, Harriet W. Babson, Richard Wainwright, Henry M. Stanley, Lewis H. Giles, Lottie G. Merchant, Oriole, Clintonia, Esperanto. Jerome McDonald (3 vessels)-Preceptor, Gladiator, Monitor. John Pew & Sons (5 vessels)-A. E. Whyland, Essex, Columbia, Orinoco, Scepter. D. B. Smith & Co. (12 vessels)-Smuggler, Lucinda I. Lowell, Helen F. Whittier, Dora A. Lawson, Carrie W. Babson, Golden Hope, Fernwood, Sen. Gardner, Maxine Elliott, J. J. Flaherty, Tattler, Stranger. Sylvanus Smith & Co. (7 vessels)— Lucile, Bohemia, Claudia, Arcadia, Parthia, Arabia, Sylvania. John Chisolm (5 vessels)—Admiral Dewey, Harry G. French, Monarch, Judique, Conqueror. Carl C. Young (3 vessels)-Dauntless, A. E. Whyland, William E. Morrissey. Hugh Parkhurst & Co. (6 vessels)Rival, Arthur D. Story, Patrician, Geo. Parker, Sen. Saulsbury, Diana. A. D. Mallock (3 vessels) -Indiana, Alert, Edna Wallace Hopper. Thomas M. Nickolson (13 vessels) — Ada S. Babson, Elizabeth N., Hiram Lowell, M. B. Stetson, A. V. S. Woodruff, T. M. Nickolson, Landseer, Edgar S. Foster, A. M. Nickolson, Wm. Matheson, Robin Hood, Annie G. Quinner, N. E. Symonds. M. J. Palson (3 vessels)-Barge Tillid, Schooner J. K. Manning, Tug Clarita. M. J. Dillon (1 vessel)-Edith Emery. Russell D. Terry (1 vessel)-Centennial. Lemuel E. Spinney (3 vessels)-American. Arbitrator, Dictator. Wm. H. Thomas (2 vessels)-Elmer E. Gray, Thos. L. Gorton. AMERICAN-continued. Fishing Claims-Continued. Frank H. Hall (3 vessels)-Ralph H. Edward Trevoy (1 vessel) — Edward Trevoy. Henry Atwood (1 vessel)-Fannie B. Atwood. Fred Thompson (1 vessel)-Elsie M. Smith. CLASS III.-Claims based on damages to the property of either Government or its nationals, or on personal wrongs of such nationals, alleged to be due to the operations of the military or naval forces of the other Government or to the acts or negligence of the civil authorities of the other Government. AMERICAN. Home Missionary Society, Daniel Johnson, Union Bridge Company, Madeiros. BRITISH. Four Cable Companies Claims. Cuban Submarine Telegraph Co., Eastern Extension Cable Co., Canadian Electric Light Co., Great Northwestern Telegraph Co. Philippine War" Claims. Ackart, Balfour, Broxup, Cundal, Dodson, Fleming, Forbes, Fox, Fyfe, Grace, Grindrod, Hawkins, F., Hawkins, J., Hendry, Hill. Hogg, Holiday, Hong Kong Bank, Iloilo Club, Eastern Extension Telegraph Co., Higgins, W., Higgins, N. L., Hoskyn & Co., Kaufman, Ker Bolton & Co., Launders, McLeod, McMeeking. Moore, Philippine Mineral Syndicate. Pohang, Pohoomul, Smith, Stevenson, Strachan, Thomson, Underwood, Warner, Zafiro, C. B. Chiene, N. L. Chiene, Parsons & Walker. BRITISH-Continued. "Hawaiian" Claims. Ashford, Bailey, Harrison, Kenyon, Hardman, Wrathall, Cadenhead. CLASS IV.-Claims based on contracts between the authorities of either Government and the nationals of the other Government. BRITISH. King Robert, Yukon Lumber, Hemming. TERMS OF SUBMISSION. I. In case of any claim being put forward by one party which is alleged by the other party to be barred by treaty, the Arbitral Tribunal shall first deal with and decide the question whether the claim is so barred, and in the event of a decision that the claim is so barred, the claim shall be disallowed. II. The Arbitral Tribunal shall take into account as one of the equities of a claim to such extent as it shall consider just in allowing or disallowing a claim any admission of liability by the Government against whom a claim is put forward. III. The Arbitral Tribunal shall take into account as one of the equities of a claim to such extent as it shall consider just in allowing or disallowing a claim, in whole or in part, any failure on the part of the claimants to obtain satisfaction through legal remedies which are open to him or placed at his disposal, but no claim shall be disallowed or rejected by application of the general principle of international law that the legal remedies must be exhausted as a condition precedent to the validity of the claim. IV. The Arbitral Tribunal, if it considers equitable, may include in its award in respect of any claim interest at a rate not exceeding 4 per cent per annum for the whole or any part of the period between the date when the claim was first brought to the notice of the other party and that of the confirmation of the schedule in which it is included. The foregoing Schedule and Terms of Submission are agreed upon in pursuance of and subject to the provisions of the Special Agreement for the submission to arbitration of pecuniary claims outstanding between the United States and Great Britain, signed on the 18th day of August, 1910, and require confirmation by the two Governments in accordance with the provisions of that Agreement. Signed in duplicate at the City of Washington, this sixth day of July, one thousand nine hundred and eleven, by the Secretary of State of the United States, Philander C. Knox, on behalf of the United States, and by his Britannic Majesty's Ambassador at Washington, the Right Honorable James Bryce, O. M., on behalf of Great Britain. PHILANDER C KNOX 1910. DECLARATIONS EXEMPTING COMMERCIAL TRAVELERS' SAMPLES FROM CUSTOMS INSPECTION. Signed at Washington December 3 and 8, 1910; effective January 1, 1911. (Treaty Series, No. 552.) DECLARATION. In order to facilitate the clearance through the Customs Department of the United Kingdom of Great Britain and Ireland of samples brought into the territory of that country by commercial travellers of the United States of America, such samples being for use as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Alfred Mitchell Innes, His Britannic Majesty's Charge d'Affaires at Washington, duly authorized thereto, and in virtue of a similar Declaration made by Philander C. Knox, Secretary of State of the United States, does hereby declare that, from and after the first day of January, 1911, and until the expiration of one month after the day on which either the United Kingdom or the United States shall give notice of the withdrawal of said Declaration, the officially attested list of such samples, containing a full description thereof issued at the time of exportation by the British consular authorities established in the United States, shall be accepted by the customs officials of the United Kingdom as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United Kingdom. A MITCHELL INNES WASHINGTON, December 3rd, 1910. DECLARATION. In order to facilitate the clearance through the Customs Department of the United States of America of samples brought into the territory of that country by commercial travelers of the United Kingdom of Great Britain and Ireland, such samples being for use as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Philander C. Knox, Secretary of State of the United States, duly authorized thereto, and in virtue of a similar Declaration made by Alfred Mitchell Innes, His Britannic Majesty's Chargé d'Affaires at Washington, does hereby declare that, from and after January 1, 1911 and until the expiration of one month after the day on which either the United States or the United Kingdom shall give notice of the withdrawal of said Declaration, the officially attested list of such samples containing a full description thereof, issued at the time of exportation by the American consular authorities established in the United Kingdom, shall be accepted by the customs officials of the United States as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United States. PC KNOX Secretary of State of the United States. WASHINGTON, December 8, 1910. 1911. 11TH MINUTES OF CONFERENCES HELD AT WASHINGTON THE 9TH, 10TH, (Treaty Series, No. 553; Foreign Relations 1911, p. 271.) The Undersigned having considered in detail and with expert assistance the steps to be taken in consequence of the Award in connection with the objections of the United States Government to existing regulations of the fisheries in Canadian and Newfoundland Treaty Waters as recorded in Protocol XXX of the Proceedings before the Tribunal of Arbitration, and having conferred as to the best means of dealing with these objections, have arrived at the following conclusion: It is unnecessary to refer any existing regulations to the Commission of Experts mentioned in the Award in application of Article III of the Special Arrangement of January 27, 1909,2 or to reconvene the Tribunal of Arbitration; but any difference in regard to the regulations specified in Protocol XXX, which shall not have been disposed of by diplomatic methods, shall be referred to the Permanent Mixed Fishery Commissions to be constituted as recommended by the Hague Award, under Article IV of the Special Agreement in the same manner as a difference in regard to future regulations would be so referred under the recommendations in the Award, unless by mutual consent some other rules and method of procedure are adopted. January 12, 1911. 1 For text see Foreign Relations, 1910, p. 544. 2 For text see Vol. I, p. 835. PHILANDER C. KNOX E. A. MORRIS |