New-York tribune., 1897-07-11
THE DELAGOA BAY ARBITRATION.

Lord Salisbury is said to have spoken some
what cynically of arbitration on Thursday last,
in replying to a question about Delagoa Bay
He could not we'll he blamed for doing, any
way. For that is n sore subject to Great Brit
ain. That country has Loyalty and unhesitat-
inSly acquiesced in the decision Of Marshal
MacMahon by which the southern half Of
Delaroa Bay. after being in its undisputed pos
session for half a century, was taken from II
and given to Portugal. But it Is only human
nature that that decision should still be regard
ed by the British as inexplicably unjust That
was not however what Lord Salisbury had In
mind: nor yet did he mean to speak dsparag-
lngly of the general principle Of arbitration. OF
which he has often declared himself nrm
friend. What he did refer TO Is the now pending
arbitration Of the Delagoa Bay Railroad case.
and with all due respect to the distinguished
arb!trators. It must be said that his impatience
at their slowness seems not without Justlnca-
ton.
a detailed history Of this interesting ana I'M
portant case is printed elsewhere In this morn
ing's Tribune From II 1t Will be seen that the
controversy had its origin just etGht years ago.
when the Delagoa Bay Railroad was cohns-
Gated, arbitrarily ard Illegally. as Is declared
by the Portuguese Government. TWO years
later. or six years ago, the matter was suDnlit-
ted to arbitration. the Governments OF the
United States and Great Britain being the
plaintiffs and that Of Portugal the defendaht'
while the tribunal was formed by appointment
of the Swiss Government 1t took nearly n
year for the court to organize. and two ana
half years more for the various written plead
ings to be submitted But all the latter we're
before the court two and half years ago. and
the final hearing has not yet been announced.
Surely. that Is deliberation worthy of the Court
of Chancery itself. Lord Salisbury Is we'll
within bounds when he calls 1t extraordinary
delay.
But II the Swiss tribunal has been deliberate,
II is also thorough Recognizing that the points
on which the case most turns are technlcai, u
called 10 its assistance three of the abest rail
road and civil engineers in Switzerland. and one
Of these was sent to Delagoa Bay to inspect the
railroad and report upon 1t as m expert. lie
has now returned and made his report to the
tribunal and there is therefore at last. as Lord
Salisbury says. a prospect that the award VIII
he speedily given. There Is also ground 1or
confidence that the award will be such as VIII
command moral respect as well as legal acqules>
cence. In the article already referred 10 the
grounds Of the suit are fully set forth. Briefly
stated. the Portuguese confiscated the railroad
because. they said. 1t was not finished within
the stipulated time while the builders declared
impossible conditions had been imposed upon
them by the Portuguese, In violation OF the
original charter Upon the determination OF the
case many millions Of dollars are at stake. as
we'll as a monopoly of railroad traffic for nine
ty-nine years between the Transvaal and the
sea. The verdict of the court Is therefore await
ed with intense cagerness by all concerned.