The sun., 1897-04-18
oLNET, CHEEK, AND SIAM.
The Record OF tho Last Administration in
Case suited TO Arbitration.


The Record or tho Last Administrator In .
Case suited TO Arbitration.
To THE EDITOR OF TIE suN-Sfr: Tho contro-
versy between tho United States and Siam re-
lates to q business transaction be :woen; Mari ion
A. Cheek, n citizen of the United States, for
morly residing in Siam, and Prince wRrawan
Nakorn, who represented the Siamese Govern
ment in an agreement made on April 30, 1880,
as to tho cutting of teak timber In the forests
OF Siam by Cheek, and advances of money by
the Govern mont to defray the expenses OF
la DOR, cutting, rafting, and purchasing and
keeping elephants. The Government agreed
TO advance 900. 900 ticals, which amount was
subsequently Increased TO 800, 900.
As security for these advances, n bill Of sale
mortgage was made by Check TO Prince War
avian Nakorn on "ali teak wood belong to
Cheek, or which may be worked or purchased
BY him during the currency of the agreement,
and also upon the elephants owned or pur-
chased" On the money advanced, interest OF
~ per cent. per annum was to be paid. Tho
contract WAS to run ten years. The books for
tkis transaction were to be made up on March 81
OF each year, and the not profits realized were to
be divided, one third going to Prince Warawan
Max orn and two thirds to Cheek.
The operations between the parties to the
agreement ran on until March, 1891, when
Cheek. having failed to pay interest on his ad-
vances. the time was extended until March,
1892. BeinG still In default ut the last named
aate, and HE financial condition making II evil
dent that he coulL not pay either interest or
any part of the principal sum advanced, tho
Siamese Government decided to take posse s.
sion of the timber and sell II and apply the pro-
ceeds to his Indebtedness. The Siamese view
of the case Is, that whom Cheek violated tho
conditions on q hich the money was advanced
thereon, the transfer of the property made In
the bill Of sale mortgage beca-e absolute, So
9ar en- ssinh Sead nWfn There beng no law
OF mortgages in Siam, foreclosure proceedings
could not be instituted, and seizure and sale
by an officer of the Royal Treasury was the only
leaitimate method OF enforcing the rights OF
siam against Cheek.
THIS is n brief outline Of the case as rep orted
by Sectreary Olnev to the Senate in response to
n resolution OF inquiry from that body: In
the letters between Secretary Olney and Minis.
ter Barrett, and between that Minister and tho
Minister of Foreign a fairs Of the Slamese Gov.
ernment, it apnesrs that the siamese Govern
seItlrment to arbitration, The Minister of
Foreign Affairs said. in his letter to Minister
Barrett on Der. %. 1896:
This matter might have been considered as
settled between both Governmerts nearly
three years ago II DIR. Chsek had not simply re-
fused IN agree to this mode OF Just AID friend
" settlement. Since then the proposal Of arbI-
tration was renewed by HIS Matesty's Govern
sis,ed sn Grf on in mg letters to you But it is only
on tho I4th Instant that you intima ted your
Governments acuuiescence to the idea.
Secretary Olney, in his letter to Minister
Barrett OH Oct. Is. says:
THE Siamese Government has. in your last
and in previous dispatches, ex pressed a desire
to have the matter OF this claim submitted to
arbitration. on condition that tho SiRmese
counter-ciaim against the estate of DR.. Cheek
shall be included in the submission and con-
sid OF ed by the arbitrator"
SO from first to last Siam was ready for ar
bitration. In the treatment OF the case the
tate Department override the treatv provision
for determining disputes between an American
citizen and a Siameso subject. The treaty
stipuIates that disputes arising between an
American citizen and Siamese subject shall
posed OF the Consul In conjunction with tho
proper Siame>s officers. In spite Of this pro-
vision the United States Government took up
n complaint not having the dignity OF n claim,
not having been tried or established AS auch nv
any legal proceeding in Siaui. for three yrars
tn. com mplainant, End finally yielded to arbitra-
tIon Just Secretary Olney was going out or
office, so that II could proclaim IT. ns diplo-
matio triumph that he had succeeded In secur-
ing arbitration. Yet moro, 1t was contrary
to the precedents and safeguards usual In the
State Department, which baye been that
an in nternational court before action upon 1t
can be entertained.
The whole proceeding. therefore. from the ini-
tiatIon by the department. has been irregular
and UNIV. rranted and has no. comp rted with
the dignity OF the Government Of the United
States. Therefore. instead Of a boasted diplo-
matte triumph, 1t is q humiliating defeat, and
not maintaining good faith 10 treaty obigA.
tions ia calculated TO weaken the influence OF
the United States Government in tho far East.
New YORK, April 7. DIS.