18 PROTOCOLS. 



PEOTOCOL III. 



MEETING OP TUESDAY, APRIL 4, 1893. 



At 11.45 tlie Tribunal assembled, all the arbitrators being present. 



The president announced that tlie Tribunal had decided to appoint 

 Mr. A. Bailly-Blanchard and Mr. Cunyngliame as co-secretaires with 

 M. Imbert. 



Also, M. le Chevalier Bajnotti, M. Henri Feer, and M. le Vicomte de 

 Manneville as assistant secretaries. 



The president announced that the Tribunal was ready to hear any 

 motion by either of the parties. 



Sir Charles Eussell then spoke, and at the close of liis speech he 

 submitted the following motion : 



That tlie agent of the United States be called npon to produce the original or a 

 certified copy of the report made by Henry W. Elliott on the subject of fur seals 

 pursuant to act of Congress of 1890. 



Sir Eichard Webster supported the motion. 



The Honorable E. J. Phelps replied, and submitted the following 

 answer to the motion : 



The United States Government denies that Her Uritanuic Majesty's Government is 

 entitled under the provisions of the treaty to any order by the Tribunal for the 

 production of the document specified in the motion, as a matter of right. 



The United States Government, however, is willing to waive (so far as it is con- 

 cerned) its right of objection, and. to furnish to the agent of Her Majesty's Govern- 

 ment a copy of the document referred to, for such use as evidence as the Tribunal 

 may deem jiroper to allow ; 



Not conceding, however, in so doing that either party at this o.r any subseijnent 

 stage of the proceedings has a right to introduce any further evidence whatever, 

 upon any subject whatever connected with the controversy. 



And further stipulating that if the document referred to in this motion shall be 

 used in evidence at all it shall be open to the use of both parties equally in all its 

 points. 



Mr. James C. Carter followed in support of the answer. 



The court adjourned for a short time. 



On reassembling, the president said: 



The Tribunal directs that the above-named document be regarded as before the 

 Tribimal, to be made such use of as the Tribunal thinks fit. 



The agent for the United States then read the following motions: 



1*'. The agent of the United States desires to bring to the attention of the Tribunal of 

 Arbitration the fact that he has been informed by the agent of Her Britannic Majesty, 

 in a note dated March 25 ultimo, that he has sent to each of the members of the 

 Tribunal copies in duplicate of a "Supplementary Report of the British Commis- 

 sioners A])pointcd to Inquire into Seal Life in Bering Sea." 



The agent of the United States, in view of this information, moves this Honorable 

 Tribunal that the document referred to be dismissed from consideration and be 

 returned to Her Majesty's agent, on the ground that it is submitted at a time aud in 

 a manner not allowed by the treaty. 



2"''. The agent of the United States moves this Honorable Tribunal to dismiss from 

 the arbitration so much of the demand of the Government of Great Britain as relates 



