Evening star., 1897-02-02
THE ARBITRATION TREATY
Doubtful if 1t is Sanctioned by the Senate
Even With Amendments.
The Opposition is Net Organized, but
Delay Imperi1s Favorable
Action.

amended form, can receive the sanction OF
the Senate. The opposition to 1t is not or
ganiZed, as it has by some been supposed
to be. The lack of organization on that
line just saves the situation from being
hopeless for the treaty, and the amend
ments will give it some votes which it
would not have received without. The dis
position to lay over the matter, even among
those who intend to vote for the ratifica-
ton, is dangerous to the treaty. The oppo-
sitiOn is already strong enough to consume
much time before a vote can be had, and
there are indications that some of those
who have been disposed to give the treaty
the benefit of the doubt and to vote for 1t.
though they are not altogether satisfied
with it. gradually drifting into the op-
position.
The character of the opposition vote in
the committee and the fact that several
prominent silver senators are known to
oppose the treaty has led to the impression
that the silver forces were going to be
lined up in opposition. Under present cir
cumstances this assumption is not war
ranted. Several of the well-known silver
men ere now in favor of the treaty, but
arguments are reing used against it that
may ultimately line them all up in oppo-
sition. The chan of ratification viii be
weakened by the matter being held over
until the extra session.
Text of the Changes.
The text of the changes made in the
general arbitration treaty are as follows:
AS sent to the Senate, article one read as
follows: THE high contracting parties
agree to submit to arbitration in accord
ance with the provisions and subject to
the limitations of this treaty all questions
in difference between them which they may
fail to adjust by diplomatic negotiation"
Ihe Serate committee to this added the
in ylNYt
the foreign or domestic policy of either of
the high contracting parties, or the rela-
lions or either TO any other state or DOW
er, by treaty or otherwise, shall be a sub
ject for arbitration under this treaty. ex-
cept by special agreement"
Article Is amended by giving each gov
ernment two. instead of one, jurists of re-
pute, and the following is stricken from
the article: In case they shall fail TO agree
upon an umpire within three months of the
date of an application made to them in that
behalf by the high contracting parties, or
either of them, the umpire shall be selected
i'll the manner provided for in article TO-"
In article the following has been
stricken out: I'm case they shall fail to
agree upon an umpire within three months
of the date of an application made to them
parties, or either of them. the umpire shall
be selected in the manner provided for in
Wherever the word person' is used
L.
person Is stricken out and umpire In
serted.
Article in the original treaty reads as
follows: Objections to the Jurisdiction of
an arbitral tribunal constituted under this
treaty shall not be taken except as pro-
vided in this article. If before the close
of the hearing upon a claim submitted to
arbitral tribunal constituted under arti-
Gle 3, or article ). either of the high con-
tracing parties shall move such tribunal
to decide. and thereupon it shall decide that
the determination of such claim necessarily
involves the decision of disputed ques-
tion of principle of grave general import
ance effecting the national rights of such
party as distinguished from the private
rights whereof it is merely the interna-
tional representative, the jurisdiction OF
such arbitral tribunal over such claim
shall cease and the same shall be dealt
with by arbitration under article s.
Article I, as amended by the committee,
is as follows: OBJECTIONS to the jurisdic-
ton of an arbitral tribunal constituted un-
der this treaty shall not be taken except
as provided In this article. If at any time
before the close of the hearing, upon any
matter except territorial claims submitted
to an arbitral tribunal constituted under
this treaty, either Of the high contracting
parties shall declare that the determine
ton of such matter necessarily involves
the decision of a disputed question which
IS excluded from arbitration except by spe-
cial agreement by the operation of article
l. then the Jurisdiction of such arbitraI
tribunal over such matter shall cease"
Article 10, which read as follows. has
been stricken out: IF in any case the
nominating bodies designated in articles III
and shall fail to agree upon an umpire
In accordance with the provisions of the
said articles, the umpire shall be appointed
by his majesty, the King Of Sweden and
Norway Either of the high contracting
parties, however, may at any time give
notice to the other that by reason of ma
terfal changes in conditions as existing at
the date of this treaty it is of opinion that
substitute for his majesty should be
chosen either for all cases to arise under
the treaty or for particular specified case
already arisen, and thereupon the high con-
tracing parties shall at once proceed to
agree upon such substitute to act either In
all cases TO arise under the treaty. or in
the particular case specified as may be
indicated by said notice: provided however
that such notice shall have no effect upon
an arbitration already begun by the consti-
tuition of al arbitral tribunal under article
III.
THE high contracting parties shall also
AT once proceed to nominate a subst stitute
for his majesty in the event that his
majesty shall at any time notify them Of
his desire to be relieved from the func-
tons graciously accepted by him under this
treaty either for all cases to arise there
under or for any particular specified case
already arisen.'