Page:United States Statutes at Large Volume 17.djvu/915

 TREATY WITH GREAT BRITAIN. MAY 8, 1871. 875 should be run through the Canal de Haro, it is agreed that the respective claims of the government of the United States and of the government of her Britannic Majesty shall be submitted to the arbitration and award of his Majesty the Emperor of Germany, who, having regard to the abovementioned article of the said treaty, shall decide thereupon, finally and without appeal, which of those claims is most in accordance with the true interpretation of the treaty of June 15, 1846. Aarxcrn XXXV. The award of his Majesty the Emperor of Germany shall be considered Award or the as absolutely iinal and conclusive; and full effect shall be given to such E'°P°’°¥ °*` GH- award without any objection, evasion, or delay whatsoever. Such deci-  2,% sion shall be given in writing and dated; it shall be in whatsoever form his how delivisred. Majesty may choose to adopt; it shall be delivered to the representatives or other public agents of the United States and of Great Britain, respectively, who may be actually at Berlin, and shall be considered as operative from the day of the date of the delivery thereoii Aarronn XXXVI. The written or printed case of each of the two parties, accompanied by The cm of ms the evidence offered in support of 'the same, shall be laid before his Majesty  g:f"*i°”tj1° b° the Emperor of Germany within six months from the date of the exchange ,,,i,,,,.,,,?,:i h:,,. of the ratifications of this treaty, and a copy of such case and evidence shall and within what be communicated by each party to the other, through their respective repre- "“"°‘ sentatives at Berlin. The high contracting parties may include in the evidence to be considered by the arbitrator such documents, ofhcial correspondence, and other official or public statements bearing on the subject of the reference as they may consider necessary- to the support of their- respectivecases. After the written or printed case shall have been communicated by each party to the other, each party shall have the power of drawing up and lay- ing before the arbitrator a second and definitive statement, if it t ink fit to do.so, in reply to the case of the other party so communicated, which definitive statement shall be so laid before the arbitrator, and also be mutually communicated in the same manner as aforesaid, by each party to the other, within six months from the date of laying the first statement of the case before the arbitrator. ARTICLE XXXVII. Ii, in the case submitted to the arbitrator, either party shall specify or d Papers and allude to any report or document in its own exclusive possession without °°“m"“°" armexing a copy, such party shall be bound, if the other party thinks proper to apply for it, to furnish that party with a copy thereof, and either party may call upon the other, through the arbitrator, to produce Ithe omgmals or certified copies of any papers adduced as evidence, giving m each instance I such reasonable notice as the arbitrator may require. And 1f the arb1trator defgther ern- Should desire further elucidation or evidence with regard to any pomtlcon- ° ` tained in the statements laid before him, he shall be at liberty to require it from either party, and he shall be at liberty to hear one'counsel or agent for each party, in relation to any matter, and at such time, and in such manner, as he may think fit. Azvrrcrn XXXVIII. The representatives or other public agents of the United States and of Agents og Sash Great Britain at Berlin, respectively, shall be considered as the agents of E°"*’mm°“ °'