The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-11-08
The Arbitration Treaty.


us that perhaps our statement
Il in yesterdays Tribune that the
method of arbitration arranged
by the recent peace conference has
been sufficiently explained in the
American press Is erroneous; and we
have been requested to review briefly
the provisions of the treaty on this
subject which will come before the
senate at Washington this winter for
ratification or rejection. In COM
pliance. we desire in the first instance
to acknowledge indebtedness to +. de
Martens paper in the North American
Review for many of the facts about
to be stated: as was as to the admir-
able paper by Hon. Seth Low.
AS was said yesterday, the chief
treaty brought back by our delegation
to The Hague for consideration by our
senate is entitled "a convention for the
peaceful settlement of international
DISPUTES" and consists of four parts:
% a general agreement to settle dis
putes peaceably when possible; (2)
ton; (3 recommending international
commissions of inquiry; and, "a, pro-
viding a permanent tribunal of arbi-
tration. The latter is constituted in
the following manner: Within three
months after each signatory power
shall have ratified the treaty it will
name four persons or more of "recog-
nized competency in questions of inter-
national law and highly respected on
the ground Of morals" The names of
thes, hall be entered upon the records
of an international bureau to be estab-
lished at The Hague and also COM
municated to the signatory powers.
The bureau is to be established and
controlled by permanent administra-
tive council consisting of the diplo-
matte representatives of the signatory
powers accredited at the Dutch capital.
tOgethe: with the Dutch minister of
foreign affairs, who is it's president ex-
oficio. These various nominees are to
form the eligible list from which pow
ers in dispute may select the judges
for the adjudication of their differen-
ces. II is at all times open to nations
in dispute to make special arrange
mcnts for arbitration. The court at
The Hague is an optional recourse: but
once its good offices are accepted there
is no backing out.
Now as to the rules of procedure in
case of arbitration. If powers in dis
pute cannot agree upon the odd arbi-
traitor, they are to ask a neutral pow
er to recommend one; If this does not
work, each power is to name a neutral
power and these neutral powers will
try to agree upon the odd arbitrator.
Once the court is organized, il will
proceed very much as an American
appellate court. First there will be in
struction Ohat is production OF records
and documents); and, next, debate, or
as we would say argument. The court
decides upon all questions of COM
potency; is, in fact the Judge of it's
own limitations: and renders its de-
cision on points at issue by a majority
vote. Those decisions, being put in
writing, signed by each member of the
court and read in court. constitute the
decree in arbitration and by this de-
cree the quarrel is adjusted definitely
and without appeal. An attempt by
the American delegation TO provide for
revision of decree within three
months, in the event of the discovery
of new evidence sufficient to influence
the verdict, was defeated; but powers
in dispute may afterward modify any
decree by special agreement between
themselves.
Objection in the senate to this treaty
is likely to arise at three points more
especially. The first of these concerns
the section which recommends inter-
national commissions of inquiry 10 as
certain the facts as to matters in dis
pute. This will doubtless be opposed
as opening a door to foreign inter-
meddling; but the wording of the sec
tion shows that a commission of in
quiry can only be named at the request
of the powers in dispute, hence IL
either power objects there is no in
termeddling. In the case Of the blow
ing up of the Maine, for example, an
international investigation could not
have been forced against the will of
the United States. In minor matters,
such as frontier incidents, confiictins