The herald., 1897-01-12


details, important but not likely to give
rise to serious controversy. 1t can be
stated. for one thing. that Venezuela has
accepted that provision of the agreement
between the United States and Great
Britain which leaves to those countries
the selection of the arbitrators. Some
difficulty was expected to be encoun-
tered on this point. but apparently Ven
ezuela is content to rest her case in the
hands of the United States. leaving it
to the discretion of the United States su-
preme court to name either citizens of
the United States or of Venezuela, or
even of a third country. as the arbitra-
tors. 1t is possible that some under
standing on this point has already been
I reached between Senor Andrade and Sec
retary Olney, but it is not possible to
confirm this view, though it gains color
from the frequent conferences, even as
late as today between the secretary.
Chief Justice Fuller and Mr.. Storrow,
attorney for the Venezuelan govern
ment.
The congress of Venezuela meets dur
ing February.
The objections raised in Venezuela as
to the arrangement for the settlement
of the long standing boundary dispute,
1t is understood. are not potent enough
to prevent a ratification of the agree
ment in the face of its strong indorse-
ment by President Crespo and members
of his cabinet. 1t is proba Bile that close
ly following the consummation OF the
agreement as to the Venezuelan bound
ary dispute there will be resumption
of diplomatic relations between Nenez-
uela and Great Britain, and the United
States will be the intermediary in bring
ing this about.
EXTRADITION TREATIES
The two treaties providing for the mu-
tual eXtradition of criminals between
the United States and the Argentine re-
public and the United States and the
Orange Free State were ratified.
ENGLISH COMMENT.
LONDON, Jan. 19-The Chronicle
says in an editorial: I'VE announce
this morning the even of the nineteenth
century" and follows this with the
preamble and text of the fifteen arti-
cles of the general arbitration treaty
! signed yesterday at Washington be-
tween the United States and Great Brit
ain.
Article one of the treaty is merely a
| formal statement that the contracting
! parties agree to arbtrate, in accordance
with the treaty, all disputes failing to
adjust themselves by diplomacy.
The second article of the treaty pro-
vides that all pecuniary claim or
! groups of claims not exceeding an ag
| gregate of 100000 sterling, and which
| shall not involve a determination of
| territorial claims shall be decided by al
arbitration tribunal, to be constituted
as provided in the third article.
The third article provides that each
| Of the high contracting parties shall
nominate as arbiter a jurist of national
repute, and these two, within two
! months shall select an umpire. If they
| fail in this the umpire shall be appoint
| ed by agreement between the members
of the supreme court of the United
| States and the judicial committee of
the privy council of Great Britain. each
eliminating body acting by a majority.
! If they fail to agree within two months
| the umpire shall be elected in accord
ance with article 10, namely, by the
| king of Sweden. The umpire shall pre-
side over the tribunal and the award of
the majority shall be fLl.
Article four provides that all pecu-
/ mary claims exceeding e180000 sterl-
ing, or dispute involving treaty rights
| but not territorial claims, Shall be de-
cided by the tribunal in accordance with
article five.
| Article five provides for the Submis-
sion of the foregoing to the tribunal
where awards, if unanimous. shall be
final but if not unanimous either of the
| contracting parties may within siy
| llOHlIlS lrOll lne udle VI tilt dNdlu ut-
| mand a review thereof.
The matter shall be then submitted to
q tribunal Of five entirely fresh jurists,
| each side selecting two and the four thus
| chosen selecting an umpire within three
| months. In the event of a failure the
umpire shall be chosen in accordance
with article three, or failing that by
| King Oscar of Sweden. The award OF
a majority of the tribunal shall be final.
Article six provides that territorial
| claims hall be submitted to q tribunal
| of six three of whom, shubject to the
! provisions of article eight shall be
| judges of the supreme court of the
United States or judges of the circuit
court, nominated by the president of the
United States, and the other three also
subject to article eight, shall be judges
| of the British supreme court or members
of the judicial committee of the privy
| council, nominated by the queen, whose
award by a majority of @less than five
to one shall be final In case the award
is made by less majority it shall also
| be final, unless either power shall, with
| IN three months protest that the award
| was erroneous, when it shall be invalid
There shall even then be no recourse to
hostile measures until the mediation of
one or more friendly powers has been in
| vited by one or both parties.
! Article seven provides that objections
to the jurisdiction of the tribunal shall
only be taken as follows: Before the
conclusions of hearing of a claim un-
der articles three or five either party
| may invite the tribunal to decide wheth-
er that question involves grave matter
i Of national rights. If the tribunal so
decides the jurisdiction of the tribunal
shall cease and the tribunal shall settle
under article five.
Article eight provides where the ques-
| tion involved concerns particular state
or territory they may appoint a judicial
| officer of such state or territory to be
one of the arbiters. The same principle
| applies to Great Britain.
! Article nine provides that the term
| territorial claims" shall include all
other claims involving questions of SER
| vitude, rights in navigation. fisheries and
al rights and interests necessary to con-
troll and enjoyment of the territory.
Article eleven is not given.