CASE OF GREAT BRITAIN. 



4. Did not all the rights of Russia as to jurisdiction, and as to the 

 seal fisheries in Kehring Sea east of the water boundary, in the Treaty 

 between the Tuited States and Russia of the 30th March, 1867, pass 

 unimpaired to the United States under that Treaty? 



5. Has the United States any right, and, if so, what right, of pro- 

 tection or property in the fur-seals frequenting the islands of the 

 United States in Behriug Sea when such seals are found outside the 

 ordinary 3-mile limit? 



Article VII. 



If the determination of the foregoing questions as to the exclusive 

 jurisdiction of the United States shall leave the subject in such posi- 

 tion that the concurrence of Great Britain is necessary to the estab- 

 lishment of Regulations for the proper protection and preservation 

 of the fur-seal in, or habitually resorting to, the Behring Sea, the 

 Arbitrators shall then determine what concurrent Regulations outside 

 the jurisdictional limits of the respective Governments are necessary, 

 and over what waters such Regulations should extend, and to aid 

 them in that determination, the Report of a Joint Commission, to be 

 appointed by the respective Governments, shall be laid before them, 

 with such other evidence as either Government may submit. 



The High Contracting Parties furthermore agree to co-operate in 

 securing the adhesion of other Powers to such Regulations. 



Article VIII. 



The High Contracting Parties having found themselves unable to 

 agree upon a reference which shall include the question of the liabil- 

 ity of each for the injuries alleged to have been sustained by the 

 other, or by its citizens, in connection with the claims presented and 

 urged by it; and, Ijeing solicitous that this subordinate question 

 should not interrupt or longer delay the submission and determina- 

 tion of the main questions, do agree that either may submit to the 

 Arbitrators any question of fact involved in said claims, and ask for 

 a finding thereon, the question of the liability of either Government 

 upon the facts found to be the subject of further negotiation. 



Article IX. 



The High Contracting Parties having agreed to appoint two Com- 

 missioners on the part of each Government to make the joint investi- 

 gation and Report contemplated in the preceding Article VII, 

 6 and to include the terms of the said Agreement in the present 



Convention, to the end that the joint and several Reports and 

 recommendations of said Commissioners may he in due form sxbmitfed 

 to the Arbitrators, should the contingency therefor arise, the said Agree- 

 ment is accordingly herein included as follows: 



Each Government shall appoint two Commissioners to investigate, 

 conjointly with the Commissioners of the other Government, all the 

 facts having relation to seal life in Behring Sea, and the measures 

 necessary lor its jiropcr protection and i)reservation. 



The four Comniissioiiers shall, so far as they may be able to agiee, 

 make a joint Report to each of the two Governments, and they shall 

 also report, either jointly or severally, to each Government on any 

 points upon which they may be unable to agree. 



Tiiese Reports shall not be made public until they shall be sub- 

 mitted to the Arbitrators, or it shall appear that the contingency of the':/ 

 being used by the Arbitrators can not arise. 



Arti(;lk X. 



Each Government shall pay the expenses of its members of the 

 Joint Commission in the investigation referred to in the preceding 

 article. 



Aktule XI. 



The decision of the Tribunal shall, if possible, be made within 

 three months from the close of tlie argument ou both sides. 



It shall be made in writing and dated, and shall be signed by the 

 Arbitrators who may assent to it. 



