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 sixth day of July, one thousand nine hundred and eleven, 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 Honorable James Bryce, O.M., on behalf of Great Britain. PHILANDER C. KNOX JAMES BRYCE EXEMPTION OF SALESMEN'S SAMPLES FROM CUSTOMS INSPECTION Declarations signed at Washington December 3 and 8, 1910 III Redmond 2626; Treaty Series 552 BRITISH DECLARATION In order to facilitate the clearance through the Customs Department of the United Kingdom of Great Britain and Ireland of samples brought into the territory of that country by commercial travellers of the United States of America, such samples being for use as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Alfred Mitchell Innes, His Britannic Majesty's Chargé d'Affaires at Washington, duly authorized thereto, and in virtue of a similar Declaration made by Philander C. Knox, Secretary of State of the United States, does hereby declare that, from and after the first day of January, 1911, and until the expiration of one month after the day on which either the United Kingdom or the United States shall give notice of the withdrawal of said Declaration, the officially attested list of such samples, containing a full description thereof issued at the time of exportation by the British consular authorities established in the United States, shall be accepted by the customs officials of the United Kingdom as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United Kingdom. A. MITCHELL INNES WASHINGTON, December 3rd, 1910. UNITED STATES DECLARATION In order to facilitate the clearance through the Customs Department of the United States of America of samples brought into the territory of that country by commercial travelers of the United Kingdom of Great Britain and Ireland, such samples being for use as models or patterns for the purpose of obtaining orders and not for sale, the undersigned Philander C. Knox, Secretary of State of the United States, duly authorized thereto, and in virtue of a similar Declaration made by Alfred Mitchell Innes, His Britannic Majesty's Chargé d'Affaires at Washington, does hereby declare that, from and after January 1, 1911 and until the expiration of one month after the day on which either the United States or the United Kingdom shall give notice of the withdrawal of said Declaration, the officially attested list of such samples containing a full description thereof, issued at the time of exportation by the American consular authorities established in the United Kingdom, shall be accepted by the customs officials of the United States as establishing their character as samples and exempting them from inspection on importation except in so far as may be necessary in order to comply with the law of the United States. WASHINGTON, December 8, 1910. P. C. KNOX Secretary of State of the United States 308-581-74-24 ARBITRATION: NORTH ATLANTIC COAST FISHERIES Minutes of conferences signed at Washington January 12, 1911 III Redmond 2627; Treaty Series 553 MINUTES OF CONFERENCES held at Washington the 9th, 10th, 11th and 12th of January, 1911, as to the application of the Award delivered on the 7th September, 1910,1 in the North Atlantic Coast Fisheries Arbitration to existing Regulations of Canada and Newfoundland. The Undersigned having considered in detail and with expert assistance the steps to be taken in consequence of the Award in connection with the objections of the United States Government to existing regulations of the fisheries in Canadian and Newfoundland Treaty Waters as recorded in Protocol XXX of the Proceedings before the Tribunal of Arbitration, and having conferred as to the best means of dealing with these objections, have arrived at the following conclusion: It is unnecessary to refer any existing regulations to the Commission of Experts mentioned in the Award in application of Article III of the Special Agreement of January 27, 1909,2 or to reconvene the Tribunal of Arbitration; but any difference in regard to the regulations specified in Protocol XXX, which shall not have been disposed of by diplomatic methods, shall be referred to the Permanent Mixed Fishery Commissions to be constituted as recommended by the Hague Award, under Article IV of the Special Agreement in the same manner as a difference in regard to future regulations would be so referred under the recommendations in the Award, unless by mutual consent some other rules and method of procedure are adopted. January 12, 1911. For text, see 1910 For. Rel. 544. TS 521, ante, p. 331. PHILANDER C. KNOX E. A. MORRIS CHANDLER P. ANDERSON A. B. AYLESWORTH L. P. BRODEUR ARBITRATION: NORTH ATLANTIC COAST FISHERIES , 1911 Minutes of conferences signed at Washington January 14, 1 III Redmond 2628; Treaty Series 554 MINUTES OF CONFERENCES held at Washington the 13th and 14th of January, 1911, as to the objections of the United States to existing laws and fishery regulations of Canada as recorded in Protocol XXX of the proceedings upon the North Atlantic Coast Fisheries Arbitration. The Undersigned, having considered the best means of dealing with the objections above referred to, subject to the minute of previous conferences signed January twelfth,' have arrived at the following conclusion: Having regard to the present method of administering the Canadian laws and fishery regulations and to certain amendments which Canada is willing to make therein and to the present state of the fisheries and conditions under which they are carried on and places of fishing, the United States does not press at present any of the objections referred to in Protocol XXX which relate to Canadian laws and fishery regulations, it being understood that the right of the United States to renew such objections is not thereby in any way prejudiced should conditions change. The amendments in regulations above referred to are: Sub-section one of Section five of the Special Fishery Regulations, Province of Quebec, approved on the twelfth day of September, one thousand nine hundred and seven, is repealed and the following substituted therefor: 1. Fishing by means of cod trap-nets without a license from the Minister of Marine and Fisheries is prohibited in the waters of the Gulf of St. Lawrence, except at the distance of one thousand yards from shore or one thousand yards from any similar net set from the shore. Sub-section four of Section five is repealed and the following substituted therefor: 4. If the leader of a cod trap-net extends from the shore, any Fishery Officer may determine in writing or orally the length of the leader that shall be used. 1 TS 553, ante, p. 350. |