"Take your pair of compasses with a pencil at one end of them and proceed to draw a line of that sort; you will find the most intricate convolutions crossing one another, and that the whole thing, in fact, is impossible to carry out." I do not stop to read that just now, but I shall refer to it byand-by.

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The PRESIDENT. We shall have to interrupt you now, Mr. Attorney, but the Senator has anticipated what I was going to put to you. I am very much struck with what you say as to the word "sinuosities" not being applicable to what you call inlets, but I think if we are to understand that you had better, as no doubt you will, in the course of your argument, develop that by reference to the map and give us an idea of what you mean.

Sir ROBERT FINLAY. Certainly.

The PRESIDENT. You follow what I mean? The same line of thought that Senator Lodge mentioned to you; I should really like to know, if we have to apply such a doctrine, how referring at any rate fairly generally to the map, you would apply the principle, what is a sinuosity and what is an inlet?

Sir ROBERT FINLAY. Certainly. I should at the same time say the answer to that is that one difficulty of this reference is that I do not see that any power is given to the Commission to settle what is a sinuosity and what is an inlet..

The PRESIDENT. It is only for the purpose of understanding what the effect of such an argument would be on the map as bearing upon the real construction of the Article.

Sir ROBERT FINLAY. I am much obliged to you. (Adjourned till Monday next at 11 a. m.)

203

SIXTH DAY.-MONDAY, SEPTEMBER 21, 1903.

All the Members of the Tribunal were present.

Sir ROBERT FINLAY. When the Tribunal adjourned on Friday I was dealing with the question of the meaning to be attached to the word "coast," as an indication of that line which was to be the governing factor in determining the strip. I had called attention to the directions given by Mr. Thorn as set out on p. 268 of the Appendix, and I was proceeding to refer to directions given by Mr. Mendenhall, who, I think, succeeded Mr. Thorn in the Surveying Bureau of the United States, at p. 274, and the following pages. Mr. Mendenhall in sending his directions to Mr. Tittman, who was assigned to the charge of the party which was to be engaged in the survey of the Stikine River, under date of the 16th March, 1893, gave him the directions which will be found on this point at p. 274. He says at the top of the page:

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"You will yourself execute the triangulation from your astronomical station (which will also be connected with one or more points of the coast triangulation) to a point on the Stikine River distant not less than 30 nautical miles from the coast of the mainland in a direction at right angles to its general trend."

Then follow some details as to the mode of marking, and then at the end of the paragraph:

"Should a range of mountains be found to exist, it is of the first importance that its distance from the coast and its general trend should be determined, unless such distance should considerably exceed the specified 30 nautical miles."

In the instructions to Mr. McGrath under date 18th March, 1893, Mr. McGrath being appointed to take charge of the party engaged in the survey of the Taku Inlet, Mr. Mendenhall is even more definite. He begins his instructions by saying to him-I am reading at p. 275:

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"You are hereby assigned to the charge of one of the parties to be engaged on the survey of the Taku Inlet, Alaska, for the purpose of obtaining such information and data as will enable the Commissioners to establish or agree upon a boundary line between South-East Alaska and the British possessions."

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Then at p. 276 occurs this passage:

"The chiefs of parties will themselves execute the triangulation from the Taku astronomical station (which will also be connected with one or more points of the coast triangulation) to a point on the inlet or river distant not less than 30 nautical miles from the coast of the mainland in a direction at right angles to its general trend."

Now, I invite the attention of the Tribunal to the fact that in that passage Mr. Mendenhall clearly contemplated that the 30 nautical miles might stop short of the head of the Taku Inlet. He takes the

general line of coast, and tells Mr. McGrath that he is to execute the triangulation from the astronomical station to a point on the inlet or river "distant not less than 30 nautical miles from the coast of the mainland." I submit that it is impossible to have language which would more clearly indicate that in the opinion of the officials who, on behalf of the United States, were charged with the work of this survey, the line from which you were to measure was such a line that your 10 marine leagues might stop short of the heads of the inlets.

Then in his directions to Mr. Dickins, at p. 278, we have similar language. Mr. Dickins was entrusted with the survey of the Unuk River, also in Alaska, a point somewhat south of the Stikine, and at the top of p. 278 he says:

"You will yourself, with one man, and accompanied by the Canadian party, make a reconnaissance from the mouth of the river to a point not less than 30 nautical miles from the shore of the mainland, in a direction at right angles to its general trend, with a view to determining the most advantageous route for a trigonometrical survey, or whether such a survey is practicable. This is the main object of the expedition, and therefore, by agreement with the Canadian Commissioner, the Canadian party will accompany you and afford you such facilities as they can. They will furnish you with shelter and subsistence, but you will, of course, bear your share of the expenses of the mess. "You will also afford the chief of the Canadian party every facility for informing himself of the nature and progress of your work."

Then, a little further down:

"You will make a topographical sketch of the route, and all possible geographical information will be collected, particularly as to the location of mountain peaks and the existence or non-existence of a range of mountains parallel to the coast. Should such a range be found to exist, it is of the first importance that its distance from the coast and its general trend should be determined, unless such distance should considerably exceed the specified 30 nautical miles."

Now, there are these directions. In the United States' CounterCase they endeavour to extenuate the effect of what Mr. Mendenhall did in this matter by making a quotation of a magazine article which Mr. Mendenhall subsequently wrote. Well, I am not going to read that magazine Article which has been printed in the Appendix to the United States' Counter-Case; p. 269 it begins. It certainly demonstrates that Mr. Mendenhall when he wrote this article in 1896 was not a "Philo-Canadian," and he certainly writes in a tone which renders it impossible to suppose that when, as a surveyor, he gave his directions he was animated by any motives which might lead him in the slightest degree to sacrifice the interests of the United States, because I observe, at the conclusion of the Article, while he pays a very high compliment to Englishmen as individuals he seems to entertain a most unfavourable opinion of their diplomacy.

Now, it is to no purpose that the United States' Counter-Case cites this Article. If it has any bearing at all on the case it emphasizes the point which I am making. The British Case, when it quoted Mr. Mendenhall's directions, was not dealing with his views as an individual, as a citizen of the great country to which he belongs, or as a

patriot. It was dealing with Mr. Mendenhall as a surveyor, 205 and showing that Mr. Mendenhall when, as a surveyor, he

had to grapple with this problem, felt himself constrained to adopt the view which is put forward on behalf of the British Government. Now, the fact that directions were given in these

terms is very much accentuated when we look at what the survey was which the United States carried on. The survey was made, if you take the Taku region, as will appear from a glance at the United States' Survey Map No. 8. In the survey the region of the Taku is carried back, as would appear from a glance at the map, only to a point 10 marine leagues at the mouth from the Taku Inlet.

The PRESIDENT. What is the length of the Taku Inlet, Mr. Attorney?

Sir ROBERT FINLAY. Well, it winds so much that it is somewhat difficult to say.

The PRESIDENT. But I meant the general length, mid-channel? Sir ROBERT FINLAY. I think it is a little more than 10 marine leagues.

The PRESIDENT. I see.

Of

Sir ROBERT FINLAY. It is a little more than 35 statute miles. course, it something depends upon the way in which you draw the line across the mouth of the Taku Inlet.

It is possible to take more than one line. If the line is drawn across from Bishop Point to Circle Point, I think it will be found that to the head of the inlet, in a direct line, is a little more than 10 marine leagues. I think that the scale at the top shows the nautical miles. The one in the middle gives 10 miles, which are measured off, and then two spaces each of 10, so that the length of that bar in the middle is exactly the 30 nautical miles. By applying that one sees at a moment how far. I think that it is not quite so long as I stated if a direct line is taken across. I think if it is measured from Circle Point it will be found that the 30 nautical miles takes you to a bend on what would appear from this map to be a portion of the river which is below the "T" at the beginning of the name Taku Inlet. The PRESIDENT. “T” of Taku on the river?

Sir ROBERT FINLAY. Yes, but what I am calling attention to, my Lord, is this, that in this survey they only profess to carry the survey back to a point which is measured on the principle for which we are contending. If the true principle were that which is now advanced on behalf of the United States the survey must have been carried to a point 10 marine leagues from the head of the Taku River. Now the same thing would appear if the Sheet No. 4 of the Survey is looked at which relates to the Stikine. There it will be found that the survey is carried back 10 marine leagues from the mouth of the Le Conte Bay. Sheet No. 4 of the United States' Survey is that which I am referring to. Of course, the observation here is not quite so striking because you have not to deal with any inlet of anything like the depth of Taku Inlet, which is very nearly 10 marine leagues in length measured vertically from the coast, and a great deal longer if you follow the convolutions. But take the survey on the Stikine, and the survey itself shows how far it is carried, and it will be found that the 10 marine leagues at the very outside measured from the mouth of the Le Conte Bay carry you to the point which has been surveyed.

The PRESIDENT. You mean from Surgief Island when you talk of the mouth of the bay?

Sir ROBERT FINLAY. No; Le Conte Bay, my Lord. Your Lordship will see, a little to the north of the mouth of the Stikine is Le Conte Bay.

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The PRESIDENT. Oh, I beg your pardon. I see it now.

Sir ROBERT FINLAY. You get there I am taking a line at right angles-you get the distance back that they have gone. Well, if the scale at the top is applied, it will be found that 10 marine leagues from the mouth of the Le Conte Bay-not from the headtakes you back to the very verge of the exploration. And the same thing applies with reference to the sort of inlet which is formed by the Stikine where it goes into the sea.

We must now pass to the Lynn Canal, No. 10. Now, the evidence of this map, No. 10, of the survey is very striking indeed for the contention put forward now is that the United States are entitled to go back 10 marine leagues from the head of the Taiya Inlet. They have done nothing of the kind in this survey. They have not gone back from the head of the Taiya Inlet. They have gone back, I think, something like 10 marine leagues at the very outside by bringing in some outlying points which are marked there, but the nautical miles start from a point which is away down below the mouth of the Taiya Inlet, and in the Chilkat Inlet. I am going to deal with this of course more in detail and submit that that is not the proper point, that you cannot stop there, that you must in all probability go a good bit further down before you take the point from which you are to measure your 10 marine leagues. But what I am emphasizing just now is that no one, when this was being dealt with as a surveying matter, no one thought of giving directions to start from the head of the inlets.

Now, I will ask your Lordship to keep this map for a moment because I am going to call attention to the instructions which were given with regard to the survey of the Lynn Canal. The instructions will be found at p. 276 in the United States' Counter-Case. The first letter is one of the 21st March, 1894, from Mr. Mendenhall to Mr. Pratt. The previous instructions were given the year before, in 1893, those that I have already called attention to. Those that refer to the Lynn Canal are given in the following year, 1894, and he says to Mr. Pratt:

"As you are already aware from previous instructions and from verbal conference, you will again be assigned to duty in Alaska in connection with the boundary survey.

"On receipt of these instructions, you will pleases arrange to proceed by the steamer 'Hassler,' which will furnish transportation to and from the field for your party, and outfit; and which will sail from Seattle about the 27th April to Lynn Canal, where you will execute the triangulation and topographical reconnaissance of the Chilkat and Taiya Inlets to the 10 marine league limit."

Nothing is said in the instructions of this year about the point from which the 10 marine leagues is to be measured. It is left undetermined as far as the instuctions go.

"You will also establish an astronomical station on the west side of Chilkat Inlet."

And then on p. 277, the same letter, Mr. Mendenhall says:

"It will be borne in mind that the triangulation to the 10 marine league limit and the topographical reconnaissance of the upper portions of the inlets are of the first importance, and if it is found necessary to leave any part of the work unfinished it should be the topography of the lower portions."

Then, at pp. 278 and 279, there is a letter to Mr. Dickins of the 22nd March, also from Mr. Mendenhall, where he tells him he is to