D. B. Smith & Co. (12 vessels): Smuggler, Lucinda I. Lowell, Sylvanus Smith & Co. (7 vessels): Lucile, Bohemia, Claudia, Arcadia, Parthia, Arabia, Sylvania. John Chisolm (5 vessels): Admiral Dewey, Harry G. French, Monarch, Judique, Conqueror. Carl C. Young (3 vessels): Dauntless, A. E. Whyland, William E. Morrissey. Hugh Parkhurst & Co. (6 vessels): Rival, Arthur D. Story, Patrician, Geo. Parker, Sen. Saulsbury, Diana. A. D. Mallock (3 vessels): Indiana, Alert, Edna Wallace Hopper. Thomas M. Nicholson (13 ves- M. J. Dillon (1 vessel): Edith Russell D. Terry (1 vessel): Centennial. Lemuel E. Spinney (3 vessels): American, Arbitrator, Dictator. Wm. H. Thomas (2 vessels): El- M. Walen & Son (7 vessels): Ken- Atlantic Maritime Co. (7 vessels): Waldo I. Wonson (5 vessels): Henry Atwood (1 vessel): Fannie Fred Thompson (1 vessel): Elsie CLASS III. Claims based on damages to the property of either government or its nationals, or on personal wrongs of such nationals, alleged to be due to the operations of the military or naval forces of the other government or to the acts or negligence of the civil authorities of the other government. AMERICAN. Home Missionary Society, Daniel Johnson, Union Bridge Company, Medeiros. BRITISH. FOUR CABLE COMPANIES CLAIMS. Cuban Submarine Telegraph Co., Eastern Extension Cable Co., PHILIPPINE WAR CLAIMS. Ackart, Balfour, Broxup, Cundal, HAWAIIAN CLAIMS. Ashford, Bailey, Harrison, Ken- CLASS IV. Claims based on contracts between the authorities of either government and the nationals of the other government. BRITISH. King Robert, Yukon Lumber, TERMS OF SUBMISSION. I. In case of any claim being put forward by one party which is alleged by the other party to be barred by treaty, the arbitral tribunal shall first deal with and decide the question whether the claim is so barred, and in the event of a decision that the claim is so barred, the claim shall be disallowed. II. The arbitral tribunal shall take into account as one of the equities of a claim to such extent as it shall consider just in allowing or disallowing a claim any admission of liability by the government against whom a claim is put forward. III. The arbitral tribunal shall take into account as one of the equities of a claim to such extent as it shall consider just in allowing or disallowing a claim, in whole or in part, any failure on the part of the claimants to obtain satisfaction through legal remedies which are open to him or placed at his disposal, but no claim shall be disallowed or rejected by application of the general principle of international law that the legal remedies must be exhausted as a condition precedent to the validity of the claim. IV. The arbitral tribunal, if it considers equitable, may include in its award in respect of any claim interest at a rate not exceeding 4 per cent. per annum for the whole or any part of the period between the date when the claim was first brought to the notice of the other party and that of the confirmation of the schedule in which it is included. The foregoing schedule and terms of submission are agreed upon in pursuance of and subject to the provisions of the special agreement for the submission to arbitration of pecuniary claims outstanding between the United States and Great Britain, signed on the 18th day of August, 1910, and require confirmation by the two governments in accordance with the provisions of that agreement. Signed in duplicate at the city of Washington, this 6th day of June, 1911, by the Secretary of State of the United States, Philander C. Knox, on behalf of the United States, and by his Britannic Majesty's ambassador at Washington, the Right Hon. James Bryce, O. M., on behalf of Great Britain. PHILANDER C. KNOX. CONVENTION BETWEEN JAPAN, GREAT BRITAIN, RUSSIA AND THE UNITED STATES FOR THE PROTECTION AND PRESERVATION OF FUR SEALS AND SEA OTTERS IN THE NORTH PACIFIC OCEAN.1 Signed at Washington, July 7, 1911. (Not ratified at date of publication of the Journal.) The United States of America, His Majesty the King of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, His Majesty the Emperor of Japan, and His Majesty the Emperor of all the Russias, being desirous of adopting effective means for the preservation and protection of the fur seals which frequent the waters of the North Pacific Ocean, have resolved to conclude a convention for the purpose, and to that end have named as their Plenipotentiaries: The President of the United States of America, the Honorable Charles Nagel, Secretary of Commerce and Labor of the United States, and the Honorable Chandler P. Anderson, Counselor of the Department of State of the United States; His Britannic Majesty, the Right Honorable James Bryce, of the Order of Merit, his Ambassador Extraordinary and Plenipotentiary at Washington, and Joseph Pope, Esquire, Commander of the Royal Victorian Order and Companion of the Order of St. Michael and St. George, Under Secretary of State of Canada for External Affairs; His Majesty the Emperor of Japan, Baron Yasuya Uchida, Jusammi, Grand Cordon of the Imperial Order of the Rising Sun, his Ambassador Extraordinary and Plenipotentiary at Washington; and the Honorable. Hitoshi Dauké, Shoshii, Third Class of the Imperial Order of the Rising Sun, Director of the Bureau of Fisheries, Department of Agriculture and Commerce; 1 Senate Doc. No. 75, 62d Cong. 1st Sess. |