Russia's foreign indebtedness. Correspondence with M. Krassin respecting. (Cmd. 1546). 4d.

Treaties between the United Kingdom and foreign states. Accessions, withdrawals, etc. (Treaty Series, 1921, No. 28). 7d.

Universal Postal Union. Convention of Madrid, Nov. 30, 1920. (Cmd. 1537). 10 d.

Agreement for exchange of insured letters and boxes. Nov. 30, 1920. (Cmd. 1538). 71⁄2d.

War Graves in Greece. Agreement between the United Kingdom and Greece respecting. Aug. 27-Sept. 9, 1921. (Treaty Series, 1921, No. 24).

4d.

UNITED STATES 2

Alien Property Custodian. Act extending time in which suits may be instituted against, for recovery of money or other property. Approved, Dec. 21, 1921. 1 p. (Public 115). 5c.

Report to accompany. Dec. 17, 1921. 2 p. (H. rp. 520). Interstate and Foreign Commerce Committee.

Anglo-Japanese Alliance, signed at London, July 13, 1911. (S. doc. 117).

Senate.

Arbitration. Agreement between Portugal and the United States extending duration of convention of April 6, 1908. Signed at Lisbon, Sept. 14, 1920. 5 p. (Treaty Series 656). State Dept.

China. Hearing on bill to authorize incorporation of companies to promote trade in, May 10, 1921. 72 p. Judiciary Committee.

Treaty between United States and, confirming application of 5 per cent ad valorem duty to American imports. Signed at Washington, Oct. 20, 1920. 19 p. (Treaty Series 657).

Chinese refugees in United States. Joint to register. Approved Nov. 23, 1921. 1 p. Hearings, Nov. 8, 1921. 980 p.

Naturalization Committee.

State Dept.

resolution permitting certain, (Pub. res. 29). 5c.

(Serial 8). Immigration and

Report to accompany. Nov. 16, 1921. 3 p. (H. rp. 471).

Immigration and Naturalization Committee.

Conference on Limitation of Armament. Addresses of the President and Secretary of State of the United States, Nov. 12, 1921, and United States proposal for limitation of naval armament. 27 p. (S. doc. 77). Senate. Diplomatic list, December, 1921. 37 p.. State Dept.

2 Where prices are given, the document in question may be obtained for the amount noted from the Superintendent of Documents, Government Printing Office, Washington, D. C.

Exportation of arms and munitions of war. Report to accompany joint resolution to prohibit, to certain countries in which domestic violence exists. Jan. 11, 1922. 3 p. (H. rp. 557). Interstate and Foreign Commerce Committee.

Foreign exchange. Depreciated exchange and international trade. 1922. 118 p. il. Tariff Commission. Paper, 15c.

Foreign sovereignties. List of, and their rulers, Nov. 3, 1921. 2 p. Naturalization Bureau.

Franco-Japanese agreement in regard to Asia, signed at Paris, June 10, 1907. (S. doc. 117). Senate.

Haiti and Santo Domingo, Inquiry into occupation and administration of. Hearings. Oct. 4-Nov. 16, 1921. 812 p. Select Committee.

Immigration. Hearings on operation of percentage immigration law for five months. 1921. 1003 p. (Serial 9). Immigration and Naturalization Committee.

List of publications for sale by Superintendent of Documents. (Price list 67, 5th ed.)

Annual report of Commissioner General of Immigration, fiscal year 1921. 165 p. Immigration Bureau.

Insurance, foreign companies in United States. Executive order revoking order of Dec. 7, 1917, prohibiting business by. (No. 3620). Jan. 17, 1922. State Dept.

International Copyright Union. Convention signed at Berne, Sept. 9, 1886; with amendments agreed to at Paris, May 4, 1896. 13 p. (Information Circular 4). Copyright Office.

(Information

Additional protocol to convention of Berlin, Nov. 13, 1908, signed at Berne, Mar. 20, 1914. [English and French]. 2 p. Circular 4B). Copyright Office.

Korea's appeal to Conference on Limitation of Armament. 44 p. (S. doc. 109). Senate.

Loans to foreign governments.

Résumé of laws under which loans were made during and since the war, and main features of loans as disclosed by correspondence between the President, State Department, Treasury Department, and foreign governments. 1921. 388 p. (S. doc. 86). Judiciary Committee.

Naturalization. Hearings on various bills ments to laws. 1921. 1214 p. (Serial 10). tion Committee.

relating to proposed amendImmigration and Naturaliza

Pacific Islands. Address of Senator H. C. Lodge upon submitting draft of treaty between the United States, Great Britain, France and Japan, at 4th plenary session of Conference on Limitation of Armament. 6 p. (S. doc. 101). Senate.

Peace treaty between Austria and the United States. Signed at Vienna, Aug. 24, 1921. 6 p. (Treaty Series 659). State Dept.

Peace treaty between Germany and the United States. Signed at Berlin, Aug. 25, 1921. 9 p. [English and German]. (Treaty Series 658). State Dept.

Peace treaty between Hungary and the United States, signed at Budapest, Aug. 29, 1921. 5 p. (Treaty Series 660). State Dept.

Philippine Islands. Report of Special Mission on Investigation. 1921. 58 p. map. Paper, 10c.

Pollution of navigable waters. Hearings, Dec. 7-8, 1921. 168 p. 1 pl. Rivers and Harbors Committee.

Russian relief. Act for relief of distressed and starving people of Russia. Approved Dec. 22, 1921. 1 p. (Public 117). 5c.

Hearings, Nov. 2, 1921. 19 p. Military Affairs Committee.

Hearings, Dec. 13-14, 1921. 50 p. Foreign Affairs Committee. Report to accompany. Dec. 14, 1921. 2 p. (H. rp. 512). Foreign Affairs Committee.

Report to accompany bill for transfer of certain material to American Relief Administration. Dec. 12, 1921. 2 p. (H. rp. 507). Military Affairs Committee.

Purchasing Commission for, Executive Order naming. Dec. 24, 1921. (No. 3601). State Dept.

Siam. Treaty and protocol between the United States and, revising treaties hitherto existing. Signed at Washington, Dec. 16, 1920. 13 p. (Treaty Series 655). State Dept.

Trading with the enemy. Laws of 65th, 66th and 67th Congresses relating to. 1922. 33 p. Senate.

Universal Postal Union. Convention of Madrid, Nov. 30, 1920, with detailed regulations for its execution. 137 p. il. [French and English]. Post Office Dept.

War, Plan to outlaw, S. O. Levinson. 12 p. (S. doc. 115). Senate. Yap-Guam-Naba cables. Executive Order authorizing Navy to make arrangements for temporary operation of. Dec. 24, 1921. (No. 3600). State Dept.

GEORGE A. FINCH.

JUDICIAL DECISIONS INVOLVING QUESTIONS OF

INTERNATIONAL LAW

AMERICAN AND BRITISH CLAIMS ARBITRATION TRIBUNAL1

[Arbitrators: HENRI FROMAGEOT, SIR CHARLES FITZPATRICK, CHANDLER P. ANDERSON]

IN THE MATTER OF THE FAVOURITE

CLAIM No. 12

Decision rendered December 9, 1921

This is a claim for $19,443.28 together with interest from November 30, 1894, presented by His Britannic Majesty's Government on behalf of Laughlin McLean, for damages arising out of the seizure of the British sealing schooner Favourite by the United States Revenue Cutter Mohican on August 24, 1894, and her subsequent detention.

The Favourite was a British schooner registered at the Port of Victoria, and her owner was Laughlin McLean, a British subject and master mariner. In 1894, R. P. Rithets and Company, Limited Liability, a body incorporated under the laws of British Columbia, and managers of the said schooner, fitted the vessel out for a sealing voyage.

After procuring a special sealing license, the vessel, manned by Laughlin McLean as master, and a crew of eight men, sailed from Victoria on June 18, 1894. When the vessel sailed from Victoria, she had on board no firearms except one double-barrel shotgun, the barrels of which had been cut off to about eleven inches. The presence of this gun was noted on the ship's manifest. The vessel proceeded to Kyuquot on Vancouver Island, where a crew of forty-five Indian hunters was procured.

After the sealing implements on board had been sealed by Her Majesty's Customs Officers and entry made in her log book, the vessel set sail for Behring Sea on July 4, 1894; entered that sea on August 1st; and after breaking the seals on the implements commenced sealing and continued sealing until August 24, 1894. On that date when in longitude 168.30, latitude 54.27, the vessel was boarded and searched by an officer of the United States Revenue Cutter Mohican, who made the following entry in the ship's log: Boarded the 'Favourite.' Found log correctly kept. No violations of regulations, as per log; one shotgun unsealed.

1 Previous decisions of this Tribunal are printed in this Journal, Vol. 13, pp. 875, 890; Vol. 14, pp. 650–66; Vol. 15, pp. 292–304; Vol. 16, pp. 106–116.

The officer then left the Favourite, but returned shortly thereafter and directed the master to go on board the Mohican, bringing with him all his papers and the gun, with which direction the master complied. The gun was fired and found to shoot very accurately for a distance of fifty yards. Whereupon the master was informed that the vessel was under seizure, for the following reasons, which are stated in the declaration of seizure:

for violation of article six (6) of the Award of the Tribunal of Arbitration and of that part of section ten (10) of the Act of Congress approved April 6, 1894, which reads:

or if any licensed vessel shall be found in the waters to which this act applies, having on board apparatus or implements for taking seals, but forbidden then and there to be used, it shall be presumed that the vessel in the one case and the apparatus or implements in the other was or were used in violation of this act until it is otherwise sufficiently proved.' (United States Answer, Exhibit 4.)

On August 30, 1894, the Commander of the United States Naval Forces in Behring Sea sent a report to the Secretary of the Navy, in which he stated

It is more than likely that the shotgun for which the vessel was seized was intended to be used in projecting signal stars, as the barrels were cut off, reducing them to a length of about twelve inches, but it was found after trial, that it could be used to kill seals much beyond the ordinary range of spear throwing.

But whether this was the only intention, or whether there was another to use it for killing seals in case it was allowed for signal purposes, I am not prepared to say; but its possession is clearly in violation of the provisions contained in sec. 10 of the Act of Congress approved April 6, 1894. (United States Answer, Exhibit 7.)

To this report were annexed the reports of the officers of the Mohican with reference to the seizure of this vessel.

The Favourite was immediately sent in the custody of a prize crew from the Mohican to Unalaska, and on August 27th was delivered to the commanding officer of the British cruiser Pheasant at Unalaska, who ordered the Favourite to report to the Collector of Customs at Victoria, B.C.

Upon her arrival at Victoria, the Favourite was released by order of Rear Admiral Stevenson, the British Naval Commander in Chief on the Pacific Station.

The Government of His Britannic Majesty contend that the seizure of the Favourite was illegal and unjustifiable, as neither the Behring Sea Award, nor the regulation made therein or thereunder, nor any legislation or other legal or competent authority, justified or authorized the seizure of the vessel in the circumstances.

The United States Government, on the other hand, denies all liability; first, because its officers were acting on behalf of the British Government and not of the United States Government; second, because there was the