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amount thereof; but the Mexican government shall not be required to answer and the commission will not consider any claim so filed by a memorandum unless and until a memorial thereon is filed as in these rules provided; or
(b) Upon there being presented to the secretaries (without such preliminary memorandum or statement) by or on behalf of the agent of the United States. a memorial in duplicate, one in English and the other in Spanish, accompanied by copies of all documents and other proofs in support of the claim then in possession of the agent of the United States.
2. Upon receipt of the memorandum or statement mentioned in clause (a) of section 1 hereof, or of the memorial mentioned in clause (b), an indorsement of filing, with the date thereof, shall be made thereon and signed by the secretaries, and the claim shall be immediately docketed under the appropriate number.
3. Every claim shall be filed with the commission whether in the manner mentioned in clause (a) or in clause (b) of section 1 hereof before the 18th day of August, 1926, unless in any case the reasons for the delay satisfactory to the majority of the commissioners shall be established, and in such case the period for filing may be extended by the commission not to exceed six additional months. 4. At any time after August 18, 1926, the commission will, on motion of the Mexican agent, fix a time for filing memorials as to claims filed as provided in clause (a) of section 1 hereof then pending and as to which memorials have not theretofore been filed.
IV. Pleadings.-1. Omit "confirmed by the commission," in line 3 of paragraph 1 under General Claims Commission.
2. At the end of the first paragraph substitute "United States" for "government filing the same," in corresponding paragraph under General Claims Commission.
2 (a) Substitute the following for corresponding subparagraph under General Claims Commission:
(a) Facts showing that the losses or damages for which the claim is made resulted from some one or more of the causes specified in article III of the Special Claims Convention between the United States and Mexico dated September 10, 1923, which became effective by exchange of ratifications on February 19, 1924, and that the same occurred between November 20, 1910, and May 31, 1920, inclusive.
2 (d) Substitute "filing thereof" for "memorial," in line 2 of corresponding subparagraph under General Claims Commission.
2 (e) Contains only the first sentence of the corresponding subparagraph under General Claims Commission.
3 (c) and 5 (c) Omit "other" before "proof" and "proofs," respectively, in corresponding subparagraphs under General Claims Commission.
5 (a) Substitute the following for the corresponding subparagraph under General Claims Commission:
(a) The memorial, answer, and/or reply may be amended at any time before final award either (1) by stipulation between the agents of the respective governments agreeing to the filing of any amendment set out in such stipulation, which shall be filed with the secretaries as in the case of original pleadings, or (2) by
leave of the commission in its discretion, such leave to be granted only upon motion, after due notice to the opposite party given as herein provided, and upon such terms as the commission shall impose.
Add 5 (e):
The Commission will not consider any matter of claim or defense not set up in appropriate pleadings or amendment thereto made as herein provided; but the commission may in its discretion at any time before final award direct or advise amendments to pleadings which it may deem essential to a proper consideration of any claim or to meet the ends of justice.
V. Same as under General Claims Commission, except omit "typewritten" in paragraph 2.
VI. Notice to Parties.--The filing with the secretaries of the commission of any pleadings, amendments, documents, or notice by the respective agents or counsels shall constitute notice thereof to the opposite party and shall be deemed a compliance with these rules as to any notice required to be given hereunder.
2. Insert "to the agent of the other party" after "notice" in line 1, under corresponding paragraph under General Claims Commission; and substitute the following for corresponding paragraph under General Claims Commission:
4. Where the original of any document or other proof is filed at any government office on either side, and cannot be conveniently withdrawn, and no copy of such document is in the possession of the party desiring to present the same to the commission in support of the allegations set out in his pleadings, he shall notify the agent of the other party in writing of his desire to inspect such document. The action taken in response to the request to inspect, together with such reasons as may be assigned for the action taken, shall be reported to the commission, and the commission will take note thereof.
IX. Same, except substitute for corresponding paragraph under General Claims Commission the following:
3. A witness may testify either in English or Spanish, but in any case the language used shall be that best adapted to the understanding of the witness. Where oral testimony is given in English or in Spanish, the same shall be translated under the direction of the commission into the other language.
X. Paragraphs 1 and 4 are the same as the corresponding paragraphs under the General Claims Commission, and for corresponding paragraphs 2 and 3 the following are substituted:
2. When the agent of the United States is ready to submit a case to the commission he shall file notice with the secretaries, which notice shall be notice to the agent of Mexico to that effect, and the agent of the United States may file together with such notice a brief prepared by himself or his counsel, or a brief prepared by the claimant if countersigned by the agent, and such documentary proofs in support thereof, in addition to those already filed by him, as he may desire. On the filing of notice and brief, the Mexican agent may within twenty (20) days file with the secretaries a reply brief, together with such written proofs
in addition to those already filed by him as he may care to present. Within ten (10) days the agent of the United States may reply thereto by a counter brief, accompanied by additional written proofs, if any. Any new matter presented in or with the reply brief may be answered by the Mexican government within five (5) days.
3. When a case comes on for submission to the commission, the agents or their respective counsel shall be heard on either side. The agent of the United States or his counsel shall open the case and the Mexican agent or his counsel may reply, in which event further discussion shall be within the discretion of the commission. The time allowed for oral argument will be fixed by the commission.
XI. Awards.-1. The award of the commission in respect of each claim shall be delivered at a public session of the commission as soon after the hearing of such claim has been concluded as may be possible.
2. The award shall set out fully the grounds on which it is based, and shall be signed by the members of the commission concurring therein.
Paragraphs 3, 4, and 5 are the same as corresponding paragraphs under General Claims Commission, and paragraphs 6, 7, and 8 under the latter are omitted. XII. Duties of the Secretaries.-Paragraphs 1 (a), (b), (d), (f), and (h) are the same as paragraphs 1 (a), (b), (d), (f), and (g) under General Claims Commission; paragraph 2 of the latter is omitted, and the following are substituted or added:
(c) Make and keep in the English and Spanish languages the Docket, Minute Book, and such other books and documents as the commission may from time to time order.
(e) Keep a duplicate Notice Book in Spanish and English in which entry shall be made of all notices required by these rules to be filed by the respective agents with the secretaries; and promptly give notice thereof to the agent required to be notified thereby. Entry shall be made in said Notice Book of the date on which said notice is given, and all proceedings in respect and in pursuance of said notice.
(g) Provide duplicate books, in which shall be recorded all awards and decisions of the commission signed by the commissioners, including dissenting opinions, if any, and countersigned by the secretaries.
XIII. Same as under General Claims Commission.
XIV. Amendments to Rules.—After five (5) days' notice in writing to each of them, these rules may be amended at any time at a meeting participated in by the Presiding Commissioner and the American and Mexican Commissioners, and by the affirmative vote of not less than two. The agents of the respective governments shall be heard on any proposed amendment to these rules before action is taken thereon by the commission.
Rule XV under General Claims Commission is not adopted.
(a) The commission is composed of a commissioner selected by each of the governments and a presiding officer selected by mutual agreement of the two governments.$
(b) A Secretary appointed by each of the governments, the two secretaries acting as "Joint Secretaries of the Commission and * subject to its in
(c) Agency of the United States, with counsel, authorized to present arguments in favor of or against any claim before the commissions This agency is also the Agency of the General Claims Commission (q. v. ante, and its office is in Washington.
(d) Agency of Mexico, with counsel, representing Mexico. This agency is in Mexico City.
3 Article I. Special Claims Convention. United States and Mexico, signed September 10. 1923. proclaimed by the President February 3 184
4 Article V, Special Claims Convention. United States and Mexico, signed September 10, 1923 proclaimed by the President February 23 1824
5 Article IV of the Special Claims Convention, United States and Mexico, signed September 10, proclaimed by the President February 23, 1924
INTERNATIONAL JOINT COMMISSION
1. Origin and Mission
The International Joint Commission was created by the treaty between the United States and Great Britain signed January 11, 1909,1 the object of which is "to prevent disputes regarding the use of boundary waters and to settle all questions which are now pending between the United States and the Dominion of Canada involving the rights, obligations, or interests of either in relation to the other or to the inhabitants of the other, along their common frontier, and to make provision for the adjustment and settlement of all such questions as may hereafter arise."
The International Joint Commission was designed to meet the special needs of two countries whose inhabitants have a common fountain of law, the same traditions, and similar institutions of government, but who live under two distinct and separate governmental jurisdictions.
The line that marks the boundary between these two governmental jurisdictions extends across the continent, from the Atlantic to the Pacific, a distance of more than 3,500 miles. At least 2,000 miles of this boundary is marked by navigable and nonnavigable waters, with an aggregate population inhabiting their shores of approximately six and a half millions of people. These waters are the common property of the people of both the United States and Canada, and the right to their use for sanitary and domestic purposes, for navigation for power, and for irrigation purposes, or for any other lawful purpose, is a right which the inhabitants of the two countries enjoy in common. In the exercise of this common property right, or in the use of this common property, controversies between the inhabitants of the two countries have arisen in the past, are now pending, and, as the demand for the use of these boundary waters for these purposes increases with the increase of population along the boundary, controversies will continue to arise and increase in number. The International Joint Commission affords these neighboring populations, in their international relations, a simple, inexpensive, common-sense means of settling promptly their differences, whether these differences are national, state, municipal, or individual.
The genesis of the International Joint Commission dates back to the 90's, when two irrigation congresses were held at Denver and Albuquerque. At the first of these, in 1894, one of the Canadian delegates introduced a resolution, which was unanimously adopted, urging upon the United States "the appointment of an international commission to act in conjunction with the authorities of Mexico and Canada in adjudicating the conflicting rights which have arisen, or may
136 Stat. 2448,