ARGUMENTS ON PRELIMINARY MOTIONS. 65 



Senator Morgan, — I say that I liave been misunderstood if I liave 

 been supposed to insist that the j^ower to ordain Regulations exists 

 only upon certain conditions and at a certain time, — if Counsel will 

 allow me to say so— if this Tribunal should come out with an award 

 in which the Eegulations should be adopted or established, and the 

 award should fail to fiiul the existence of any of these comlitions prece- 

 dent, as they are alleged, I think that that award would be unassailable. 



Sir Charles Eussell. — I am not prepared to say, Sir, that the 

 award requires the recital of any conditions. 



Senator Morgan. — If it does not then it rests with the Tribunal to 

 say whether the conditions have occurred, and at what time they will 

 decide the matter. 



Sir Charles Eussell. — Undoubtedly, always as far as the Treaty 

 does not in express terms state the way in which those questions are to 

 be dealt with. 



Lord Hannen. — The Tribunal is required to find on those five 

 questions. 



Sir Charles Eussell. — No doubt. 



Senator Morgan. — Not as a conditioji precedent. 



Sir Charles Eussell. — As a condition i)recedent. 



Senator Morgan. — I insist the other way. 



Sir Charles Eussell. — I am afraid now that I must make the 

 charge that 1 am being diverted from the point that I was making. 



Senator Morgan. — I understood that Counsel quoted me as having 

 said the establishment of the condition 'precedent was a necessary founda- 

 tion of the jurisdiction and power of this Tribunal to make the Aumrd on 

 the determination of Regulations. 



Sir Charles Eussell. — My learned friend, Mr. Phelps, may have 

 so cited you, that I do not recollect, I certainly did not, and I do not 

 think my learned friend did either. I content myself with reading what 

 is plain English, and that plain English is, that the decision of the Arbi- 

 trators, a distinct decision, shall be given on each of the five questions. 



Senator Morgan. — In their final Awardl 



Sir Charles Eussell. — I will come to the question of the final 

 Award, or interlocutory Award in a moment, that is not the point 1 am 

 upon, — they shall give a distinct decision on each of those five questions. 



Senator Morgan. — But only one Award. 



Sir Charles Eussell. — I will come to that in a moment, but that 

 they shall give a distinct decision, I, for the third time, repeat on those 

 five questions, and, it is only if the determination of those five ques- 

 tions shall leave the subject in a condition in which the concurrence of 

 Great Britain is necessarj^, then and tlien only, the Eegulations are 

 necessary, and, whether a particular member of this Tribuiuil thinks so 

 or not, that is my very respectful, clear and resolute submission. 



Senator Morgan. — I was merely setting* myself right about it, as 

 Counsel have alluded to the subject, I uiust say I have not intimated 

 the subject to be considered, was anything less than the subject as to the 

 preservation of seal life, not in Behring sea, but in any ivaters to which 

 they might resort. 



Sir Charles Eussell. — I think that latter observation is not ger- 

 mane to the matter in controversy noAV, but, as it has been adverted 

 to, when the j)roper time comes, I shall hope to demonstrate that the sole 

 area of dispute from the Jirst moment the dispute arose down to the last 

 moment, was Behring sea, and Behring sea only. But I do not wisli to 

 be led away at this moment. 

 B S, PT XI 5 



