"The two following articles, IX. and X., requiring that all disputes shall be referred to the Commission, stand out as the most important provisions of the treaty. Article IX., after stating that matters of difference shall be referred to the Commission whenever either Government desires, goes on to authorize the Commission in each case so referred to examine into and report upon the facts and circumstances of the particular questions referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of reference. Such reports of the Commission are in no way to have the character of an arbitral award. The Commission shall make joint report to both Governments in all cases wherein all or a majority of the Commissioners agree, and in case of disagreement the minority may make joint report to both Governments, or separate reports to their respective Governments. In case the Commission is evenly divided upon any question referred to it, separate reports shall be made by the Commissioners, one on each side to their own Government. "Article X. extends the powers of the Commission by providing that other matters of difference affecting the rights of either country may be referred to the Commission. In each case so referred the Commission is authorized to examine into and report upon the facts and circumstances of the particular questions and matters referred, together with such conclusions and recommendations as may be appropriate, subject, however, to any restrictions or exceptions which may be imposed with respect thereto by the terms of reference. A majority of the Commission shall have power to render a decision or finding upon any of the questions or matters so referred. "In the event of a failure of the Commission to agree upon the issues submitted to them for decision or report, the article requires the Commissioners to make a joint report to both Governments, or separate reports to their respective Governments, showing the different conclusions arrived at with regard to matters or questions so referred, which shall thereupon be submitted for decision by the high contracting parties to an umpire chosen in accordance with procedure prescribed in the fourth, fifth, and sixth paragraphs of Article XLV. of The Hague Convention for the pacific settlement of international disputes, dated October 18, 1907. Such umpire, the article concludes, shall have power to render a final decision on matters whereon the Commission have failed to agree." The resolution attached to the Treaty by the Senate of the United States related to the use of waters flowing at the rapids of St. Mary’s River at Sault Ste. Marie, and was introduced by Senator Smith of Michigan. It is as follows: