12 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Congress, who was attached to the staff of the agency as international 

 law expert. These compilations proved of great service in connection 

 with the preparation both of the printed and of the oral arguments 

 on the part of the United States. 



The date originally fixed by the special agreement for the meeting 

 of the tribunal having been found inconvenient on account of the 

 extension of time agreed upon for the service of the countercases, it 

 was subsequently agreed by the two Governments that it should be 

 postponed until the 1st day of June, 1910, and on that date the first 

 ment was taken by the tribunal from June 1st to June 6th, when the 

 oral argument was commenced. 



The protocols of the proceedings of the tribunal are hereto annexed 

 as a part of this report, and from them it will appear that an adjourn- 

 ment was taken by the tribunal from June 1 to June 6, when the oral 

 argument was commenced. 



By agreement between the agents and senior counsel on both sides 

 it was arranged that Great Britain should have the opening argument 

 and the United States the closing argument, and that counsel on 

 each side should speak alternately. Accordingly, Sir Robert Finlay 

 opened for Great Britain and the Hon. George Turner opened for 

 the United States, followed by Sir James Winter for Great Britain, 

 Charles B. Warren, Esq., for the United States, Hon. John S. Ewart 

 for Great Britain, Hon. Samuel J. Elder for the United States, 

 Sir William Robson closing for Great Britain, and the Hon. Elihu 

 Root making the closing argument for the United States. 



Forty sessions in all were consumed in the oral argument, which 

 ended on August 12, 1910, four days in each week having been devoted 

 to such sessions, the daily sittings of the tribunal continuing for 

 about four or four and one-half hours, the intervening time being 

 required for the preparation of the arguments and for the other 

 business involved in carrying through proceedings of such an exten- 

 sive and voluminous character. By agreement of the parties the 

 meetings of the tribunal were open to the public. 



On the close of the oral argument the case was taken under con- 

 sideration by the tribunal, and on Wednesday, September 7, 1910, 

 the award of the tribunal was announced. 



Before proceeding to a consideration of the provisions and effect 

 of the award, it is desirable that the situation existing before resort 

 was had to arbitration should be briefly reviewed. 



Throughout the entire history of this controversy, which extends 

 back almost to the time when the treaty of 1818 was entered into, 

 there has been a wide divergence of view between the United States 

 and Great Britain as to the meaning and effect of Article I of that 

 treaty. With the exception of the first 20 years after the treaty was 

 entered into there has hardlv been a time throughout the entire 



