The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-06-01
Recourse to the Arbitration Tribunal
to BE Optional with the Powers
Signing the Agreement.
SPECIAL SCHEME OF MEDIATION
ALSO PROPOSED BY THE UNITED
STATES COMMISSIONERS.
Text of the Plan Proposed by Sir
Julian PauncefOte-Amend to
the Russian Proposition.

THE HAGUE, May H.-Both sections OF
the disarmament committee of the peace con-
ference met to-day. and, as was anticipated,
failed to agree with regard to the questions
of new inventions in armaments. The draft
ing committee of the arbitration commit
tee made some advance this afternoon. The
American delegates submitted their scheme
relating to an arbitration tribunal. The plan
differs from the British proposal. 1t pro-
yides that each country shall appoint
single arbitrator. to be selected by the Su-
preme courts of the signatory powers. The
tribunals shall have a permanent central
seat and be composed of at least three
judges, who shall not be natives or residents
of countries belonging TO the powers in dis
accord. The general expenses shall be
shared proportionately. In the event of
new facts arising within three months of
decision the same tribunal shall have power
to try again the question in dispute. Re-
course to the tribunal shall be optional for
the signatory powers. The tribunal shall not
take cognizance of any dispute until as
sured that the parties concerned will accept
its decision. The convention shall come into
force and the tribunal be established when
nine powers. eight of whom shall be Eu-
ropean or American and four of whom shall
be signatories Of the declaration Of Paris,
1856. shall have adhered to the convention.
Apart from the above project the Amer
leans proposed a special scheme of media
ton providing that in the event of a differ
ence arising between two powers each shall
choose another power to act as its second.
The powers thus selected shall do all they
can to reconcile the opponents. These Sec
onding powers shall. even when war has
broken out, continue their efforts with a
view of ending hostilities as soon as pos
sible.
TEXT OF THE PROPOSALS
The text of the American arbitration pro-
posals is as follows:
Resolved, That in order to aid in the pre-
vention of armed conflicts by pacific means
the representatives of the sovereign powers
assembled together in this conference be,
to their respective governments a series of
negotiations for the adoption Of a general
treaty, having for its object the following
plan, with such notifications as may be es-
sential TO secure the adhesion of at least
nine sovereign powers, four of whom, at
least, shall have been signatories of the
declaration or Paris, the German empire
being. for this purpose, the successor of
Prussia and the Kingdom of Italy the sue
cessor of Sardinia.
Article l. The tribunal shall be COM
posed of persons nominated on account of
their personal integrity and learning in in
ternatlonal law by majority Of the men,
berS of the highest court at the time exist
ing in each of the adhering states, one from
each sovereign state participating in the
treaty. and snail hold office until their sue
cessors nominated by the same body
and duly appointed.
Article z. The tribunal shall meet for
organization at a time and place to be
agreed on by the several governments, but
not later than six months after the general
treaty snail be ratified by the nine powers as
hereinbefore proposed, and shall organize
itself by the appointment of a permanent
clerk and such other officers may be
found necessary, but without conferring any
distinction upon its own members. The
tribunal shall be empowered to fix its place
OF sessions and to change the same from
time to time, as the interests or justice or
the convenience of litigants may seem TO
cedure
Article g. The tribunal shall be of per-
manent character and shall be always open
for the filing of new cases, subject to it's
own rules OF procedure, either by the con-
tracing nations or by others that may
choose TO submit them; and all cases and
countercases, with the testimony and argu-
ments by which they are TO be supported
or answered. are 10 be in writing or print.
All cases. counter cases. evidence. argument
or opinions in expressing Judgment are to be
accessive after decision is rendered TO all
who desire them and who pay the necessary
charges OF transcription.
Article a. Any and all questions OF dis
agreements may, by actual consent, be SUBJ
mitted by the nations concerned to this in
ternational tribunal for decision: but every
such submission shall be accompanied by an
undertaking to accept the award.
Article 3. The bench of judges for each
particular case shall consist of as many as
may be agreed upon by the litigating ma
tions-either of the entire bench or Of any
smaller number, not less than three to be
chosen from the whole court. In the event
of the bench Of three judges only, no one of
these shall be either native subject or
citizen of state whose interests are in liti-
Article 6. The general expenses of the
tribunal are TO be equally divided on some
equitable basis between the adherent powers.
but those arising from each particular case
shall be provided for as may be directed by
the tribunal. The presentation OF a case
wherein one or both Of the parties may be a
nonadherent state shall be admitted only
upon condition of a mutual agreement that
the states so litigating shall pay respectively
a sum to be fixed by the tribunal for ex-
judges. may. be so adjusted as TO be paid
only when they are actually engaged in the
Article Z. Every litigant before the in
ternational tribunal shall have the right 10
rehearing of the case before the same
judges within three months after notifica-
tion OF the decision, on alleging newly dis
covered evidence or submitting questions
of law not heard and decided al the former
hearing.
Article 8 This treaty shall become on
erative when nine sovereign states such as
are indicated In the resolution. shall have
ratified It's provisions"
The American project was accompanied
by memorandum. entitled Memorandum
Fl ON the Commissioners of the United
States. Submitted with Their Project for
Permanent International Tribunal" The
text OF the memorandum follows:
The proposal herewith submitted takes
its form as resolution looking TO action
OF tside OF the conference from our irstruc-
tions. The proposal shows the earnest de-
sire Of the President of the United States
for permanent international tribunal for
the conduct OF arbitration between nations.
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