OCR Text |
Show 386 INTERNATIONAL TREATIES The Commission shall make a joint report to both Governments in all oases in which all or a majority of the Commissioners agree, and in case of disagreemenit the minority may make a joint report to both Governments, or separate reports to their respective Governments. In case the Commission is evenly divided upon any question or matter referred to it for report, separate reports shall be made by the Commissioners on each side to their own Government. ARTICLE X Any questions or matters of difference arising between the High Contracting Parties involving the rights, obligations, or interests of the United States or of the Dominion of Canada either in relation to each other or to their respective inhabitants, may foe referred for deci- sion to the International Joint Commission by the consent of the two Parties, it being understood that on the part of ithe United States any such action will be bv and with the advice and consent of the Senate, and on the part of His Majesty's Government with the consent of the Governor General in Council. In each case so referred, the said Com- mission is authorized to examine into and report upon the facts and circumstances of the particular questions and matters referred, to- gether with such conclusions and recommendations as may be appro- priate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of the reference. A majority of the said Commission shall have power to render a decision or finding upon any of the questions or matters so referred. If the said Commission is equally divided or otherwise unable to render a decision or finding as to 'any questions or matters so referred, it shall be the duty of the Commissioners to make a joint report to both Governments, or separate reports to their respective Govern- ments, showing the different conclusions arr'ived 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 Article XLV of The Hague Convention for the pacific settlement of international dis- putes, 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. ARTICLE XI A duplicate original of all decisions rendered and joint reports made by the Commission shall be transmitted to and filed with the Secretary of State of the United States and the Governor General of the Dominion of Canada, and to them shall be addressed all communi- cations of the Commission. ARTICLE XII The International Joint Commission shall meet and organize at Washington promptly after the members thereof are appointed, and 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 |