(5) The reason of the law, or. the treaty, that is, the wotive which led to the making of it and the'view there proposed is. one of the most certain means of establishing the true sense, and great atten- tion ought to be paid to it. whenever it is required to explain an obscure. equivocal and undetermined point, either of a law or of a treaty or to make an application of them to a particular case, .1s soon as ive certarily binow the reason whieh alone has determine the will of hin who xpeaks, wwe ought to iuterpret his words and to apply them fui natuiner suitable ta that reason alone.[1]
(6) ‘The voice of equity requires that the conditions between the parties should be equal: this is the veneral role of contracts. We do not presume to think, without very strony reasons, that one of the contracting powers has intended to fayor the other to his own prejudice, but there is no danger of extending what is for the common advantage, Tf it then he found. that the contracting powers have not made known their will with sufficient clearness, and with all the precision required, it is certainly more conformable to equity to seek for this will in the seuse most favorable to the common advantage and equality, than to suppose it in the contrary sense.[2]
THIRD.
EVIDENCE TO BE CONSIDERED.
Under the title ** Russian Occupation” in the British Counter case, p. 66. it is said that:
A large part of the case of the United States, and of the evidence contained in the Appondix thereto relates to the action of Russia, and sileequently of the United States im the region throogh which the houndary rans.
This matter is, of course. Introduced pursuant to the provision at the end of Article II of the Treaty nnder which the tribunal sits.
After quoting from Art. 5. omitting the words ‘shall also.” it proceeds;
That clause requires the tribnnal to ‘take inte consideration any action of the several governments, or of their respective representatives prelininary or subse- quent to the conelosion of said Treaties, eo far as the sume tends to show the original aml effective nnderstanding of the Parties in respect to the linits of their several territerial jurisdictions moder andl by virtue of the provisions of said Treaties.’
