88 FISHERIES ARBITRATION AT THE HAGUE 



The President: In Article 4 they speak of any differences 

 which may arise in the future, vnthout any limitation of time. 

 That seems to settle one of the points. 



Senator Root: I think, both because, as the President has 

 said, they expressly relate to any differences which arise in the future 

 and because they go outside of the function of a compromis, that 

 they constitute in effect a new treaty, and that they would survive 

 the death of the treaty under which the Special Agreement was 

 made. I refer to the question now chiefly in order that I may show 

 that that is the view taken by the United States; and I understand 

 the counsel for Great Britain to express, in behalf of Great Britain, 

 the same view. 



Sir Charles Fitzpatrick: That was clearly the intention of 

 the parties. 



Senator Root: I think it was. I understand the counsel for 

 Great Britain to take that position; and, in behalf of the United 

 States, I accept for the United States that position taken by the 

 counsel for Great Britain, and express the agreement of the United 

 States with that view. 



The President: May I ask counsel for Great Britain whether 

 we understood the former enunciation by counsel for Great Britain 

 in that sense? Perhaps it would be convenient to the Attorney- 

 General to make another declaration. 



The Attorney- General: I am sorry to say that I was engaged 

 in another duty; I was writing a letter, and I did not catch Mr. 

 Root's remarks, but I will make myself acquainted with their 

 purport, and then I will make some further observation to the 

 Tribunal. 



The President : If you please. 



Judge Gray: You will observe, Senator, that Article 2 of the 

 treaty of 1908 provides that 



"the high contracting parties, before appealing to the Permanent Court of 

 Arbitration, shall conclude a special agreement defimng clearly the matter 

 in dispute, the scope of the powers of the arbitrators," etc. 



That has some significance, has it not ? 



