18 



port oP a logitimato indnstry established by the United States on the 

 islands of St, Paul and St. George, in Bering- Sea. 



Two distinct '^ cases" are thus presented to the Tribnnal of Arbitra- 

 tion for consideration and decision, and, while they are not consolidated, 

 as cross actions arc often set down by the conrts as comprising one 

 case, they are to be heard at the same time and the same evidence may 

 be used. 



Eacli "case" must stand upon its own merits, and it does not neces- 

 sarily result that a decision in favor of either Government upon the 

 case presented by it is a denial of all that is claimed in the case of the 

 other Government. 



While the award to be made by the Tribunal of Arbitration may 

 aflirm in whole or in part the claims so asserted by either Govern- 

 ment, it is not a finding in the nature of a recovery of property or 

 judgment for money, as damages or otherwise, in favor of either party 

 as against the other, but is an assent by both to a settlement of con- 

 troversies between them in accordance with the terms of the award 

 which the Tribunal of Arbitration shall malve. When the award is 

 so made, tlie result is the same as if both Governments had stipulated 

 in the Treaty, in terms, that which shall be e:>v pressed in the award. 

 In this sense, and to this effect, whatever shall be declared in the 

 award will he a findimj in favor of both Governments. 



ISTo rule is given or intimated in the treaty to indicate whether the 

 tribnnal is to take the international law, or a just view of the comity 

 of nations, or the peculiar relations of the two Governments to this 

 subject, as a guide to their decisions, or whether the rigid rules of law, 

 or equitable considerations are to govern, and whether the tribunal is 

 held to an unbending rule of law, or whether there are exceptions to 

 it growing out of long usage or governmental necessities which should 

 qualify the right claimed by either party. 



Another important consideration was in view when the treaty Avas 

 made, namely, the necessity for a declaration on their part, reaching 

 beyond the mere question of the inteiests of the United States and the 

 subjects of Great Britain in the Alaskan herd of fur-seals, that the 

 ultimate assertion of governmental control over the subject by all the 

 countries to which fur-seals resort in their breeding season should be 

 established by the consent of the United States and Great Britain. 



It was a. just expectation that all such countries would find, in the 

 results of this investigation, suflicient reasons for adopting the rules, 



