56 ALASKA. 



protection and preservation of the fur seal in, or liabitually resorting to, the 

 Bering Sea, the arbitrators shall then determine what concurrent regulations 

 outside the jurisdictional limits of the -espective Governments are necessary, 

 and over what waters such regulations should extend, and to aid them in that 

 determination the report of a joint commission to be appointed by the respec- 

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

 Government may submit. 



The High Contracting Paties furthermore agree to cooperate in securing the 

 adhesion of other powers to such regulations. 



Article VIII. 



The High Contracting Parties having found themselves unable to agree upon 

 a reference which shall include the question of the liability of each for the 

 injuries alleged to have been sustained by the other, or by its citizens, in con- 

 nection with the claims presented and urged by it; and, being solicitous that 

 this subordinate question should not interrupt or longer delay the submission 

 and determination of the main questions, do agree that either may submit to 

 the arbitrators any question of fact involved in said claim and ask for a finding 

 thereon, the question of the liability of either Government upon the facts 

 found to be the subject of f\irther negotiation. 



Article IX. 



The High Contracting Parties having agreed to appoint two commissioners 

 on the part of each Government to make the joint investigation and report con- 

 templated in the preceding 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 sub- 

 mitted to the arbitrators should the contingency therefor arise, the said 

 agreement is accordingly herein included as follows: 



Each Government shall appoint two commissioners to investigate conjointly 

 with the commissioners of the other Government all the facts having relation to 

 seal life in Bering Sea, and the measures necessary for its proper protection and 

 preservation. 



The four commissioners shall, so far as they mav 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 points upon which they may be unable 

 to agree. 



These reports shall not be made public until they shall be submitted to the 

 arbitrators, or it shall appear that the contingency of their being used by the 

 arbitrators can not arise. 



