In reply to the said note I have been instructed by my Government to inform Your Excellency that my Government agrees to the suggestions set forth in the note, and that an agreement thus is concluded. Please accept, Mr. Secretary of State, the assurances of my highest consideration. His Excellency Hon. W. J. BRYAN, etc. etc. etc. H. BRYN. 1918. AGREEMENT EXTENDING THE DURATION OF THE ARBITRATION CONVENTION OF APRIL 4, 1908. Signed at Washington March 30, 1918; ratification advised by the Senate April 30, 1918; ratified by the President July 1, 1918; ratified by Norway May 14, 1918; ratifications exchanged at Washington July 1, 1918; proclaimed July 12, 1918. (Treaty Series, No. 632; 40 Statutes at Large, 1618.) ARTICLES. I. Extends 1908 convention five years. | II. Ratification; effect. The Government of the United States of America and the Government of the Kingdom of Norway, being desirous of continuing for another period of five years the Arbitration Convention concluded between them on April 4, 1908, which by the terms of the Agreement signed between them on June 16, 1913, will expire on June 24, 1918, have authorized the undersigned, to wit: Robert Lansing, Secretary of State of the United States, and H. H. Bryn, Envoy Extraordinary and Minister Plenipotentiary of Norway to the United States, to conclude the following Agreement: ARTICLE I. The Convention of Arbitration of April 4, 1908,1 between the Government of the United States of America and the Government of the Kingdom of Norway, which by the terms of the Agreement signed between them on June 16, 1913,2 will terminate on June 24, 1918, is hereby continued in force for a further period of five years from June 24, 1918. ARTICLE II. The present Agreement 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 Majesty the King of Norway, and it shall become effective upon the date of the exchange of ratifications, which shall take place at Washington as soon as possible. 1 For text see Vol. II, p. 1306. 2 For text see p. 2744. Done in duplicate in the English and Norwegian languages, at Washington this 30th day of March one thousand nine hundred and eighteen. ROBERT LANSING. [SEAL.] 1921. AGREEMENT FOR THE SUBMISSION TO ARBITRATION OF CERTAIN CLAIMS OF NORWEGIAN SUBJECTS. Signed at Washington June 30, 1921; ratification advised by the Senate July 27, 1921; ratified by the President August 10, 1921; ratified by Norway July 28, 1921; ratifications exchanged at Washington August 22, 1921; proclaimed August 24, 1921. (Treaty Series, No. 654; 42 Statutes at Large.) ARTICLES. I. Composition and jurisdiction of tribunal. II. Times and methods for delivery of cases, counter-cases, and arguments. III. Procedure before tribunal. IV. Decision of tribunal and its effect. The United States of America and His Majesty the King of Norway, desiring to settle amicably certain claims of Norwegian subjects against the United States arising, according to contentions of the Government of Norway, out of certain requisitions by the United States Shipping Board Emergency Fleet Corporation; Considering that these claims have been presented to the United States Shipping Board Emergency Fleet Corporation and that the said corporation and the claimants have failed to reach an agreement for the settlement thereof; Considering, therefore, that the claims should be submitted to arbitration conformably to the Convention of the 18th of October, 1907, for the pacific settlement of international disputes and the Arbitration Convention concluded by the two Governments April 4, 1908, and renewed by agreements dated June 16, 1913, and March 30, 1918, respectively; Have appointed as their plenipotentiaries, for the purpose of concluding the following Special Agreement; The President of the United States of America: Charles E. Hughes, Secretary of State of the United States; and His Majesty the King of Norway: Mr. Helmer H. Bryn, His Envoy Extraordinary and Minister Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in good and due form, have agreed on the following articles: ARTICLE I. The Arbitral Tribunal shall be constituted in accordance with Article 87 (Chapter IV) and Article 59 (Chapter III) of the said 29479-S. Doc. 348, 67-4-19 Convention of October 18, 1907, except as hereinafter provided, to wit: One arbitrator shall be appointed by the President of the United States, one by His Majesty the King of Norway, and the third, who shall preside over the Tribunal, shall be selected by mutual agreement between the two Governments. If the two Governments shall not agree within one month from the date of the exchange of ratifications of the present Agreement in naming such third arbitrator, then he shall be named by the President of the Swiss Confederation, if he is willing. The tribunal shall examine and decide the aforesaid claims in accordance with the principles of law and equity and determine what sum if any shall be paid in settlement of each claim. The tribunal shall also examine any claim of Page Brothers, American citizens, against any Norwegian subject in whose behalf a claim is presented under the present Agreement, arising out of a transaction on which such claim is based, and shall determine what portion of any sum that may be awarded to such claimant shall be paid to such American citizens in accordance with the principles of law and equity. ARTICLE II. As soon as possible, and within five months from the date of the exchange of ratifications of the present Agreement, each Party shall present to the agent of the other Party, two printed copies of its case (and additional copies that may be agreed upon) together with the documentary evidence upon which it relies. It shall be sufficient for this purpose if such copies and documents are delivered at the Norwegian Legation at Washington or at the American Legation at Christiania, as the case may be, for transmission. Within twenty days thereafter, each Party shall deliver two printed copies of its case and accompanying documentary evidence to each member of the Arbitral Tribunal, and such delivery may be made by depositing these copies within the stated period with the International Bureau at The Hague for transmission to the Arbitrators. After the delivery on both sides of such printed case, either Party may present, within three months after the expiration of the period above fixed for the delivery of the case to the agent of the other Party, a printed counter-case (and additional copies that may be agreed upon) with documentary evidence, in answer to the case and documentary evidence of the other Party, and within fifteen days thereafter shall, as above provided, deliver in duplicate such counter-case and accompanying evidence to each of the Arbitrators. As soon as possible and within one month after the expiration of the period above fixed for the delivery to the agents of the countercase, each Party shall deliver in duplicate to each of the Arbitrators and to the agent of the other Party a printed argument (and additional copies that may be agreed upon) showing the points relied upon in the case and counter-case, and referring to the documentary evidence upon which it is based. Delivery in each case may be made in the manner provided for the delivery of the case and counter-case to the Arbitrators and to the agents. 1 For text see Vol. II at p. 2243 and p. 2239. The time fixed by this Agreement for the delivery of the case, counter-case, or argument, and for the meeting of the Tribunal, may be extended by mutual consent of the Parties. ARTICLE III. The Tribunal shall meet at The Hague within one month after the expiration of the period fixed for the delivery of the printed argument as provided for in Article II. The agents and counsel of each Party may present in support of its case oral arguments to the Tribunal, and additional written arguments, copies of which shall be delivered by each Party in duplicate to the Arbitrators and to the agents and counsel of the other Party. The Tribunal may demand oral explanations from the agents of the two Parties as well as from experts and witnesses whose appearance before the Tribunal it may consider useful. ARTICLE IV.1 The decision of the Tribunal shall be made within two months from the close of the arguments on both sides, unless on the request of the Tribunal the Parties shall agree to extend the period. The decision shall be in writing. The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal. The language in which the proceedings shall be conducted shall be English. The decision shall be accepted as final and binding upon the two Governments. Any amount granted by the award rendered shall bear interest at the rate of six per centum per annum from the date of the rendition of the decision until the date of payment. ARTICLE V. Each Government shall pay the expenses of the presentation and conduct of its case before the Tribunal; all other expenses which by their nature are a charge on both Governments, including the honorarium for each arbitrator, shall be borne by the two Governments in equal moieties. ARTICLE VI. This Special Agreement shall be ratified in accordance with the constitutional forms of the contracting parties and shall take effect immediately upon the exchange of ratifications, which shall take place as soon as possible at Washington. IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Special Agreement and have hereunto affixed their seals. Done in duplicate at Washington this 30th day of June, 1921. [SEAL.] [SEAL.] 1 The tribunal rendered its decision on February 26, 1823. CHARLES E. HUGHES PANAMA. 1904. AGREEMENT DELIMITING THE CANAL ZONE REFERRED TO IN ARTICLE II OF THE CONVENTION OF NOVEMBER 18, 1903.1 Signed at Panama June 15, 1904. 1. Limits of the Canal Zone. SECTIONS. 4. Provision for further agreements. 2. Limits of city and harbor of Panama. 5. Employment of citizens of Panama 3. Limits of city and harbor of Colon. in Canal Zone. Whereas by the terms and provisions of Article II of the Convention for the Construction of an Interoceanic Canal between the United States of America and the Republic of Panama, signed by the representatives of the two nations on November 18, 1903, the ratifications of which were exchanged at Washington on the 26th day of February, 1904, the United States acquired the right of use, occupation, and perpetual control from and after the said 26th day of February, 1904, in and over the Canal Zone and other lands, waters, and islands named in said Article II of the convention aforesaid; and Whereas it has not yet been, and is not now, practicable to make a complete, definite, and exact location of the precise boundaries of all the territory ceded to the United States by the terms and provisions of said Article II of said convention; and Whereas the successful completion of the work of construction of the interoceanic canal across the Isthmus of Panama is of transcendent importance to the United States, to the Republic of Panama, and to the people of the world; and Whereas in order that said work of construction of said interoceanic canal may be systematically prosecuted, and in order that a government for the Canal Zone created by the terms and provisions of said Article II of said convention may be successfully organized and carried forward, it is necessary that the extent and boundaries of the said territory ceded to the Government of the United States. by the Government of the Republic of Panama under the terms and provisions of said convention shall be provisionally determined and agreed upon: Now, therefore, Gen. George W. Davis, Governor of the Panama Canal Zone, acting for and on behalf of the Government of the said zone, and Señor Don Tomas Arias, Secretary of State of the Republic of Panama, and Señor Don Ramon Valdes Lopez, Attorney General of said Republic, acting jointly for and on behalf of the Government This convention has been previously printed in "Senate, Committee on Interoceanic Canals, investigation of Panama Canal matters, hearings in the matter of the Senate resolution adopted Jan. 9, 1906, providing for an investigation of matters relating to the Panama Canal, etc., Jan. 11-Apr. 25, 1906," Vol. III, p. 2300. |