Page:United States Statutes at Large Volume 36 Part 2.djvu/1004

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TREATY—·GREAT BRITAIN. JANUARY 11, 1909. 2453 Arrrrcuz X. Any questions or matters of difference arising between the Hi h S“"““¤°*°“ 9* .‘“°· ~>¢Contracting Parties involving the rights, obligations, or interests if pam to Commission .¤>i—*t~he United States or of the Dominion of Canada either in relation to

  • %*0ach other or to their respective inhabitants, may be referred for

i decision to the International Joint Commission by the consent of the two Parties, it being understood that on the part of the United States any such action will be by and with the advice and consent of the Senate, and on the part of His Majesty’s Government with the con- _ sent of the Governor General in Council. In each case so referred, ,,,§2§,‘f“°’ °‘ °°“" the said Commission is authorized to examine into and report upon the facts and circumstances of the particular questions and matters referred, together: with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the refer- . ence. A majority of the said Commission shall have power to render a. D¢¤i¤*·>¤¤ decision or finding upon any of the questions or matters so referred. If the said Commission is equally divided or otherwise unable to p,f*:‘°;§¤°§mg°w§ render a decision or finding as to any questions or matters so referred, questions ‘ it shall be the duty of the Commissioners to make a joint re rt to both Governments, or separate reports to their respective Gp<i)vernments, showing the different conclusions arrived at with regard to the matters or questions so referred, which questions or matters shall thereupon be referred for decision by the High Contracting Parties to an umpire chosen in, accordance with the procedure prescribed in the fourth, fifth, and sixth paragraphs of Aft1ClB'XLV of The Hague *""‘·’· mit Convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpire shall have power to render a final decision with respect to those matters and questions so referred on which the Commission failed to agree. Airrrcuz XI. A du licate original of all decisions rendered and joint reports ,§Q§;,§"{‘,"*°“ °"’°‘ made by? the Commission shall be transmitted to and filed with the C A dmpom Secretary of State of the United States and the Governor General of the Dominion of Canada, and to them shall be addressed all communications of the Commission. Axrricnn XII. The International Joint Commission shall meet and organize at ors¤¤i¤¢g¤é¤¤;:i;i_ lVashington promptly after the members thereof are appointed, and iiiigimgs ° ° when organized the Commission may fix such times and places for its meetings as may be necessary, subject at all times to special call or direction by the two Governments. Each Commissioner, upon the first joint meeting of the Commission after his appointment, shall, before proceeding with the work of the Commission, make and subscribe a solemn declaration in writing that he will faithfully and impartially perform the duties imposed upon him under this treaty, and such declaration shall be entered on the records of the proceedings of the Commission. The United States and Canadian sections of the Commission may remuner each appoint a secretary, and these shall act as joint secretaries of the Commission at its joint sessions, and the Commission may employ engineers and clerical assistants from time to time as it may deem advisable. The salaries and personal expenses of the Commis· ,,Q;§_,§"’°”‘ °* °'* sion and of the secretaries shall be paid by their respective Govern- .4»a,pp.v¤6,1aa.