270 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



Senator Morgan. — If you leave it to article VIII, tliat is all very- 

 well. 



Mr. Carter. — The fact is simply stated — that certain questions are 

 withdrawn from the Tribunal, and not jjassed upon by them. If the 

 Tribunal chooses to accede to that statement, why, it will stand acceded 

 to. What the consequence of it may be is another thing. That will 

 have to take care of itself. 



The President. — In the name of Great Britain, you, Mr. Tupper, 

 call upon us to make a Findina,? 



Mr. Tupper. — Yes. The Counsel have done so, and I stated upon 

 what Facts we agreed. 



Senator Morgan. — I suppose if we adopt it in the form presented by 

 the agreement of Counsel, what we do is to affirm that this Tribunal 

 has a right to leave a matter ojjen to negociation which has been sub- 

 mitted to us for decision"? • 



Sir Richard Webster.— Nothing is left open not contemplated by 

 the Treaty. 



Senator Morgan. — I merely speak of the form in which it is sub- 

 mitted. I am not adverse to it because I think there are probabilities 

 in this case in which we miglit find it necessary to leave some matters 

 open to negociation. 



The President. — I think the matter has been cleared in so far as it 

 can be cleared at present. 



