Convention of October 18, 1907, except as hereinafter provided, to wit:

One arbitrator shall be appointed by the President of the United States, one by His Majesty the King of Norway, and the third, who shall preside over the Tribunal, shall be selected by mutual agreement between the two Governments. If the two Governments shall not agree within one month from the date of the exchange of ratifications of the present Agreement in naming such third arbitrator, then he shall be named by the President of the Swiss Confederation, if he is willing.

The tribunal shall examine and decide the aforesaid claims in accordance with the principles of law and equity and determine what sum if any shall be paid in settlement of each claim.

The tribunal shall also examine any claim of Page Brothers, American citizens, against any Norwegian subject in whose behalf a claim is presented under the present Agreement, arising out of a transaction on which such claim is based, and shall determine what portion of any sum that may be awarded to such claimant shall be paid to such American citizens in accordance with the principles of law and equity.

ARTICLE II.

As soon as possible, and within five months from the date of the exchange of ratifications of the present Agreement, each Party shall present to the agent of the other Party, two printed copies of its case (and additional copies that may be agreed upon) together with the documentary evidence upon which it relies. It shall be sufficient for this purpose if such copies and documents are delivered at the Norwegian Legation at Washington or at the American Legation at Christiania, as the case may be, for transmission.

Within twenty days thereafter, each Party shall deliver two printed copies of its case and accompanying documentary evidence to each member of the Arbitral Tribunal, and such delivery may be made by depositing these copies within the stated period with the International Bureau at The Hague for transmission to the Arbitrators.

After the delivery on both sides of such printed case, either Party may present, within three months after the expiration of the period above fixed for the delivery of the case to the agent of the other Party, a printed counter-case (and additional copies that may be agreed upon) with documentary evidence, in answer to the case and documentary evidence of the other Party, and within fifteen days thereafter shall, as above provided, deliver in duplicate such counter-case and accompanying evidence to each of the Arbitrators.

As soon as possible and within one month after the expiration of the period above fixed for the delivery to the agents of the countercase, each Party shall deliver in duplicate to each of the Arbitrators and to the agent of the other Party a printed argument (and additional copies that may be agreed upon) showing the points relied upon in the case and counter-case, and referring to the documentary evidence upon which it is based. Delivery in each case may be made in the manner provided for the delivery of the case and counter-case to the Arbitrators and to the agents,

1 For text see Vol. II at p. 2243 and p. 2239.

The time fixed by this Agreement for the delivery of the case, counter-case, or argument, and for the meeting of the Tribunal, may be extended by mutual consent of the Parties.

ARTICLE III.

The Tribunal shall meet at The Hague within one month after the expiration of the period fixed for the delivery of the printed argument as provided for in Article II.

The agents and counsel of each Party may present in support of its case oral arguments to the Tribunal, and additional written arguments, copies of which shall be delivered by each Party in duplicate to the Arbitrators and to the agents and counsel of the other Party.

The Tribunal may demand oral explanations from the agents of the two Parties as well as from experts and witnesses whose appearance before the Tribunal it may consider useful.

ARTICLE IV.1

The decision of the Tribunal shall be made within two months from the close of the arguments on both sides, unless on the request of the Tribunal the Parties shall agree to extend the period. The decision shall be in writing.

The decision of the majority of the members of the Tribunal shall be the decision of the Tribunal.

The language in which the proceedings shall be conducted shall be English.

The decision shall be accepted as final and binding upon the two Governments.

Any amount granted by the award rendered shall bear interest at the rate of six per centum per annum from the date of the rendition of the decision until the date of payment.

ARTICLE V.

Each Government shall pay the expenses of the presentation and conduct of its case before the Tribunal; all other expenses which by their nature are a charge on both Governments, including the honorarium for each arbitrator, shall be borne by the two Governments in equal moieties.

ARTICLE VI.

This Special Agreement shall be ratified in accordance with the constitutional forms of the contracting parties and shall take effect immediately upon the exchange of ratifications, which shall take place as soon as possible at Washington.

IN WITNESS WHEREOF, the respective plenipotentiaries have signed this Special Agreement and have hereunto affixed their seals. Done in duplicate at Washington this 30th day of June, 1921.

[SEAL.] [SEAL.]

1 The tribunal rendered its decision on February 26, 1823.

CHARLES E. HUGHES
HELMER H BRYN

PANAMA,

1904.

AGREEMENT DELIMITING THE CANAL ZONE REFERRED TO IN ARTICLE II OF THE CONVENTION OF NOVEMBER 18, 1903.1

Signed at Panama June 15, 1904.

SECTIONS.

1. Limits of the Canal Zone.

4. Provision for further agreements. 2. Limits of city and harbor of Panama. 5. Employment of citizens of Panama 3. Limits of city and harbor of Colon. in Canal Zone.

Whereas by the terms and provisions of Article II of the Convention for the Construction of an Interoceanic Canal between the United States of America and the Republic of Panama, signed by the representatives of the two nations on November 18, 1903, the ratifications of which were exchanged at Washington on the 26th day of February, 1904, the United States acquired the right of use, occupation, and perpetual control from and after the said 26th day of February, 1904, in and over the Canal Zone and other lands, waters, and islands named in said Article II of the convention aforesaid; and

Whereas it has not yet been, and is not now, practicable to make a complete, definite, and exact location of the precise boundaries of all the territory ceded to the United States by the terms and provisions of said Article II of said convention; and

Whereas the successful completion of the work of construction of the interoceanic canal across the Isthmus of Panama is of transcendent importance to the United States, to the Republic of Panama, and to the people of the world; and

Whereas in order that said work of construction of said interoceanic canal may be systematically prosecuted, and in order that a government for the Canal Zone created by the terms and provisions of said Article II of said convention may be successfully organized and carried forward, it is necessary that the extent and boundaries of the said territory ceded to the Government of the United States by the Government of the Republic of Panama under the terms and provisions of said convention shall be provisionally determined and agreed upon:

Now, therefore, Gen. George W. Davis, Governor of the Panama Canal Zone, acting for and on behalf of the Government of the said zone, and Señor Don Tomas Arias, Secretary of State of the Republic of Panama, and Señor Don Ramon Valdes Lopez, Attorney General of said Republic, acting jointly for and on behalf of the Government

This convention has been previously printed in "Senate, Committee on Interoceanic Canals, investigation of Panama Canal matters, hearings in the matter of the Senate resolution adopted Jan. 9, 1906, providing for an investigation of matters relating to the Panama Canal, etc., Jan. 11-Apr. 25, 1906," Vol. III, p. 2300.

of said Republic of Panama, having agreed that the Government of the Republic of Panama has delivered, and the Government of the United States has received, and had, on the 19th day of May, 1904, received, for its use, occupation, and control the Isthmian Canal Zone described in said Article II of the aforesaid convention for the construction of an interoceanic canal, including lands and waters in the said zone, lands under water, islands in said zone, and the islands of Perico, Naos, Culebra, and Flamenco, do make this further

AGREEMENT.

SECTION 1. The limits of the Canal Zone, including lands under water and islands ceded, but not including the cities and harbors of Colon and Panama, delivery of which lands, waters, and islands has been made by Panama, and possession of which has been taken by the United States, are indicated and shown on the attached map1 (marked"A"), signed by the said parties to this agreement, as accurately as it is possible to indicate on a map with the existing information respecting the topography of the region traversed by the canal, by a heavy red line crossed with black, and drawn at the uniform distance by scale of 5 statute miles on each side of the middle line of the canal, and said indicated boundary, or line of division, between the territory ceded by the Republic of Panama to the United States for canal purposes and the adjoining or abutting lands of the Republic of Panama is provisionally accepted and will be strictly observed by the two Governments until the limits or boundaries of the said zone, waters, and islands shall be definitely and finally marked, fixed, and determined.

SEC. 2. The limits of the city and harbor of Panama, as indicated and shown by a heavy red line crossed with black on the attached map1 (marked "B"), and as described on the paper attached to the said map, both of which are signed by the parties to this agreement, are provisionally accepted and will be strictly observed by the two Governments until the true and definite line of division between the Canal Zone and its waters, on the one hand, and the city of Panama and its harbor, on the other, shall be finally surveyed, marked off, fixed and determined: Provided, That the outer or marine boundary of the harbor of Panama shall, as soon as practicable, be agreed upon and marked with buoys or other monuments. SEC. 3. The limits of the city and harbor of Colon, as indicated and shown by a heavy red line crossed with black on the attached map (marked "C"), and as described in a paper attached to said map, both of which are signed by the parties to this agree ment, are provisionally accepted and will be strictly observed by the two Governments until the true and definite line of division between the Canal Zone and its waters, on the one hand, and the city of Colon and its harbor, on the other, shall be finally surveyed, marked off, and determined.

SEC. 4. As necessity may arise, special agreements will be made and entered into from time to time by the parties hereto or by their successors respecting the delimitation of any auxiliary lands or waters outside the Canal Zone which may be found to be ne

1 Not printed.

cessary or convenient to the construction, sanitation, or protection of the interoceanic canal or of its auxiliary works.

SEO. 5. The Governor of the Canal Zone, or his successors, may employ the citizens of the Republic of Panama residing in the territory of the Republic, for which purpose the Government of the Republic gives them the permission mentioned in paragraph 2 of article 7 of the national convention.

In witness whereof we have signed these presents in the city of Panama this 15th day of June, 1904.

(Signed)

GEORGE W. DAVIS,

Governor of Canal Zone. TOMAS ARIAS,

Secretary of State, Republic of Panama.

RAMON VALDES LOPEZ,

Attorney General, Republic of Panama.

PROVISIONAL DELIMITATION OF BOUNDARIES BETWEEN THE TERRITORY OF THE UNITED STATES OF AMERICA ON THE ISTHMUS OF PANAMA, KNOWN AS "THE PANAMA CANAL ZONE," AND THE CITY AND HARBOR OF COLON, IN THE REPUBLIC OF PANAMA.

Being the delimitation to which reference is made in the agreement entered between the government of the Canal Zone and the Government of the Republic of Panama, signed by Gen. George W. Davis, Governor of the Canal Zone, and on behalf of the government of said zone, and by Señor Don Tomas Arias, Secretary of State, and Señor Don Ramon Valdes Lopez, Attorney General, on behalf of the Government of the Republic of Panama, as follows:

The city of Colon: All that portion of the island of Manzanillo which is above low water, except the tract of land reclaimed from the sea and generally known by the name of La Terre Plein de Cristobal Colon, and the boundary between said La Terre Plein and said city is as follows:

Beginning at a point on the northern shore line of Boca Chica, sometimes called Folks River, said point being 50 meters to the eastward of the middle of the main line of track of the Panama Railroad, thence northward and northwestward, always parallel with the said railroad track and at a uniform distance of 50 meters from the middle line thereof to the middle line of Bolivar Street (sometimes called C Street); thence along the middle line of said Bolivar Street to the middle line of Eleventh Street; thence along the middle line of Eleventh Street to low-water mark on the shore of the harbor of Colon.

The harbor of Colon: All that portion of said Limon Bay lying westward of said city of Colon and northward of a straight line from the center of the existing monument of Cristobal Colon, true west to the westerly line of Limon Bay: Provided, however, That the entrance channel of the Panama Canal through said harbor of Colon to its southern boundary, of the width of 330 meters on either side of the middle line or axis of said entrance channel wherever said channel may now or hereafter cross the same, is hereby declared to be a part of the Canal Zone, under the exclusive jurisdiction and