ARGUMENT OF ELIHU EOOT. 2223 



friend was putting in all the proceedings. If he is simply putting 

 in this map I dare say we may look at the map and find there 

 1344 is nothing objectionable in it, and I shall be very glad to ad- 

 mit it; but if he is putting in the whole volume of proceed- 

 ings it is rather a different matter. 



SENATOR ROOT: I am putting in nothing. I am responding to a 

 promise made by Mr. Turner in response to a question and the ex- 

 pression of a wish by the Tribunal to have the proceedings of the 

 Halifax Commission, which had been the subject of repeated ref- 

 erence and the basis of extensive argument. The Court asked if it 

 could have access to that proceeding, and Mr. Turner said he would 

 get it for the Court, and I am handing it to them. 



THE ATTORNEY-GENERAL: If it is the desire of the Court, of 

 course, that it should see the volume, then I make no objection. But 

 my learned friend has put in several pieces of fresh evidence, and, 

 really, that is a procedure which is covered by the statement he has 

 just made. He says the treaty stipulates that the evidence should 

 be delivered within a certain time, and then it shall be met by a 

 Counter-Case and by other evidence, and that the parties are con- 

 cluded when that is done, and that they are not able to put in further 

 evidence. I was only objecting to having a great mass of evidence 

 put before the Tribunal at the very last moment, when it is impossible 

 for anyone to deal with it effectively; but as far as the map itself is 

 concerned, if I may see a copy of it, then those who instruct me and 

 advise me will be able to judge whether there is any objection to it, 

 or any observation to make upon it, and I may deal with it at once. 

 At present I have not even seen a copy. I do not know what is 

 being referred to. 



THE PRESIDENT : The Court will consider the point. Perhaps Mr. 

 Root will continue his speech, and we will consider this point at the 

 end of it. 



THE ATTORNEY-GENERAL : In the meantime we might see the map. 



SENATOR ROOT: There have been a number of papers produced in 

 response to expressions from the Tribunal, and there have been some 

 expressions regarding papers which have not been produced. I 

 have understood that that was all in accordance with article 68 of 

 the General Hague Convention: 



' The Tribunal is free to take into consideration new papers or 

 documents to which its attention may be drawn by the agents or 

 counsel of the parties. 



" In this case, the Tribunal has the right to require the production 

 of these papers or documents, but is obliged to make them known to 

 the opposite party." 



I was about to say that we have, in Mr. Field's Code of Proced- 

 ure, in the State of New York, a provision that a plaintiff or com- 



