4 TREATY OF ARBITRATION OF 1892. 



tion or property in the fur seals frequenting the islands of tlie United 

 States in Belu ing Sea wlieu such seals are found outside the ordinary 

 three-mile limit? 



Article VII. 



If the determination of the foregoing questions as to the exclusive 



jurisdiction of the United States shall leave the subject 



Eeguiationsforpro- jj^ g^^]^ positiou that the concurreucc of Great Britain 



tcction 01 seals. . -"^ . ,-, ,itt j/. -i-» -, , ■ 



IS necessary to the establishment oi Eegulations lor 

 the proper protection and preservation of the fur-seal in, or habitually 

 resorting to, the Behring Sea, the Arbitrators shall theu determine 

 what concurrent Eegulations outside the jurisdictional limits of the 

 respective Governments are necessary, and over what waters such 

 Eegulations should extend, and to aid them in that determination the 

 report of a Joint Commission to be appointed by the respective Gov- 

 ernments shall be laid before them, with such other evidence as either 

 Government may submit. 



The Iligh Contracting Parties furthermore agree to cooperate in se- 

 curing the adhesion of other Powers to such Eegulations. 



Article YIII. 



The High Contracting Parties having found themselves unable to 

 agree upon a reference which shall intrude the question of the liability 

 of each for the injuries alleged to have been sustained by the other, or 

 by its citizens, in connection with the claims presented and urged by 

 it; and being solicitous that this subordinate question should not in- 

 terrupt or longer delay the submission and determina- 

 m,?j"bf subniuto/'*''* ^i^^ *^f ^^^^ main questions, do agree that either may 

 submit to the Arbitrators any question of fact in- 

 volved in said claims and ask for a finding thereon, the question of the 

 liability of either Government upon the facts found to be the subject 

 of further negotiation. 



Article IX. 



The High Contracting Parties have agreed to appoint two Commis- 

 sioners on the part of each Government to make the 

 im4°tiS™"iaf*iife" J^int investigation and report contemplated in the pre- 

 ceding Article VII, and to include the terms of the 

 said Agreement in the present Convention, to the end that the joint and 

 several reports and recommendations of said Commissioners may be in 

 due form submitted to the Arbitrators should the contingency therefor 

 arise, the said Agreement is accordingly herein included as follows: 



Eacli Government shall appoint two Commissioners to investigate 

 conjointly with the Commissioners of the other Governments all the 

 facts having relation to seal life in Behring's Sea, and the measures nec- 

 essary for its proper protection and preservation. 



The four Commissioners shall, so far as they may be able to agree, 

 make a joint report to each of the two Governments, and they shall 

 also report, either jointly or severally, to each Government on any 

 l)oints upon which they may be unable to agree. 



These reports sluill not be made public until they shall bo submitted 

 to the ^ 'bitrators, or it sliall apixnir that the contingency of their 

 being uood by the Arbitrators can not arise. 



