[After the argnracuts of counsel were conclndefl, the Ti'ihnnal of Arhitration wont 

 into Coiifereuco to consider anil determine tlie various matters submitted to it. All 

 the questions discussed were examined and fully coiisidcri-d by the Arbitrators, and 

 in order that they miglit liave an opportunity to put upon record in the form of 

 written opinions ("if they sd desircul), the views eKpressed bj^tiicm in coufereuce, the 

 Tribunal, at the close of its deliberations, adopted and embodied in the Protocol of 

 August 14, 1893, the following resolution: 



"The right is reserved to each Arbitrator to file with the secretary of this Tribunal, 

 at anytime after the adjournment, and before the lirst day of January, 1894, an 

 opinion or opinions upon tlie questions or any of them submitted for determination, 

 and such opinion or opinions shall be regarded as an annex to this Protocol." 



The opinions below embody, substantially, what was said orally in conference by 

 Mr. Justice Harlan upon the questions or matters alluded to in those opinions,] 



PART I. 



THE JURISDICTION OF THE TRIBUNAL OF ARBITRATION. 



1. 



RGITIARK!^ IIV SUPPORT OF ITBOTBOiV TBIAT TIfflE TRDB51J1VAI. FIR.SIT 

 DETEItitBIXE ITS COMPB^TEXi; V OBfi PO^VKRS, UrVBtER THE 

 TREATV, IIV RESPECT TO CERTAIIV MATTERS. 



(These remarks were made at the first meeting of the Arbitrators after counsel had 

 concluded their arguments.) 



Mr. President: It Iris been suggested that tlie Arbitrators have a 

 full iuterchange of views touchiug the questions submitted by the 

 treaty for determination before any formal vote is taken. I entirely 

 approve this suggestion. We ought to have the benefit of such an in- 

 terchange of views before placing upon record the conclusions we have 

 respectively reached. 



But, in my judgment, our first duty is to determine the competency 

 of this Tribunal, under the treaty, to deal with the various matters sub- 

 mitted to us by the two governments. I move, therefore, that the 

 Tribunal, before entering upon the consideration of these matters 

 upon their merits, determine its competency, so far as it may be in- 

 volved in the following questions: 



1. Is it competent, under the treaty, for this Tribunal to prescribe 

 regulations applicable to such parts of the IsTorth Pacific Ocean, outside 



6 



