REPORT OF THE AGENT OF THE UNITED STATES. 23 



minable by the expiration of the general arbitration treaty of 1908 

 between Great Britain and the United States. 



The foregoing examination of the award and of Articles II, III 

 and IV of the special agreement makes it evident that the wise and 

 farsighted provisions of that agreement entered very largely into the 

 satisfactory outcome of this arbitration, and both countries are to 

 be congratulated that a permanent and expeditious method is now 

 provided for settling future diflFerences, if any should arise, in regard 

 to the fisheries under the treaty of 1818. 



The duplicate original of the award, signed by the members of the 

 tribunal, and also of the dissenting opinion of Dr. Drago on question 

 5, which were delivered to the agent of the United States when the 

 award was announced, are transmitted herewith, and a copy of the 

 award and of Dr, Drago's opinion are hereto annexed as part of this 

 report. 



The very important services rendered by counsel in the presenta- 

 tion of the oral arguments on behalf of the United States and other- 

 wise in the course of the proceedings are too well understood and 

 appreciated to require special mention in this report further than to 

 say that ^Ir. Turner's opening of the case was a very strong and able 

 argument and exhibited the results of great industry and research, 

 and the same is true of the arguments of Mr. Elder and Mr. Warren 

 on the particular questions dealt with by them, and that Mr. Root's 

 {argument in closing was a masterly presentation of the entire case 

 of the United States. It is appropriate that the agent should express 

 his obligation to the counsel of the United States for the very cordial 

 and loyal support which they have given him throughout the entire 

 course of these proceedings; also that mention should be made of 

 the fact that the distinguished services rendered by Senator Eoot in 

 this case as senior counsel have been rendered by him without com- 

 pensation. Such services, in addition to the responsibilities attend- 

 ant upon the duties of chief counsel in a case of such magnitude and 

 importance, involved also the necessity of spending, at the expense 

 of his summer vacation, more than three months away from home, 

 and, from June 1st to August 12th. in almost daily attendance at the 

 sessions of the tribunal, and the preparation and delivery of the 

 closing argument, which consumed six sessions of the tribunal, sum- 

 ming up the entire case for the United States. The acceptance of 

 the position of chief counsel was urged upon Mr. Root by the Presi- 

 dent and the Secretary of State, and the agent and the other counsel 

 for the United States in this case: and he gave his services freely to 

 the Government without the expectation of receiving compensation, 

 and to him, as chief counsel, the United States is indebted in large 

 measure for the successful outcome of the arbitration. 



It is also appropriate that acknowledgment should be made of the 

 obligation of the agent and counsel to the Department of State for the 



