APPENDICES TO OBAL AKGUMENTS. 2375 



It will appear, therefore, from the record that the Tribunal were 

 quite justified in assuming that the question as to the reasonableness 

 of the acts specified in the list above referred to had been duly raised, 

 and that in the opinion of the Tribunal they required the assistance 

 of a commission of expert specialists in order to intelligently deter- 

 mine the same. 



As above appears, this request for the assistance of an expert com- 

 mission was made as early as the 20th June, and it is a source of 

 embarrassment, and much to be regretted, that the designation of 

 such an expert on one side was delayed until the 5th August, and on 

 the other not made at all, as it was hoped by the Tribunal that with 

 the assistance of such a commission their judgment upon the reason- 

 ableness of the acts and regulations referred to might, if their award 

 should so require it, be embodied therein. 



In the opinion of the Tribunal it would have been clearly compe- 

 tent for it to have embodied such a judgment in its award, should the 

 award itself have made it necessary to render such judgment. It 

 is true article 3 contemplates, as you say, the making of an 

 1432 award independently of the report of the experts, and if such 

 award calls for any decision upon the reasonableness of any 

 statutory regulation, the same may be referred as questions of fact to 

 such commission as is provided for in article 3, in accordance with 

 your suggestion. 



If the character of the award should render it necessary, the Tri- 

 bunal have much satisfaction in the opportunity, to which allusion 

 was made in my closing remarks, of calling upon the agents of both 

 parties for their further assistance. 



A copy of this letter will be forwarded to the agent for Great 

 Britain. 



I have, &c. LAMMASCH. 



