The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-07-08

at all times and exercising it's functions,
unless otherwise stipulated. between the
contending parties in conformity with the
rules of procedure inserted in the present
convention.
Art Fl. This court is 40 have competency
in all arbitration cases unless the contend
ing parties come to an understanding for
the establishment OF special arbitration
jurisdiction.
Art. %. An international bureau estab-
lished at The Hague and placed under the
direction Of a permanent secretary general
Will serve as the office of the court n will
be the intermediary for communications
concerning meetings. The court is to have
the custody Of archives and the manage
ment Of all administrative affairs.
Art. % Each of the signatory powers
shall appoint within three months of the
ratification of the articles not more than
two persons of recognized competence in
questions of international law. enjoying the
highest moral consideration and prepared to
accept the functions Of arbitrator. The per-
sons thus nominated when entered as men,
bers of the court on list will be
communicated by the bureau to all the
signatory powers. Any modification of the
list will be brought by the bureau to the
knowledge Of the signatory powers. Two
or more powers may agree together regard
Ing the nomination of one or more men,
bers, and the same person may be chosen
by the different powers. Members Of the
court are to be appointed for the term of
six years. The appointments are renew
able. In case of the death or resignation
of a member of the court, the vacancy is
TO be filled in accordance with the regula-
he ari0
HOW ARBITERS ARE TO BE CHOSEN.
Art. "a. The signatory powers who de-
sire to apply to the court for a settlement
Of differences shall select from the general
list number of arbitrator to be fixed by
agreement. They will notify the bureau of
their intention of applying to the court and
give the names of the arbitrators they may
have selected. In the absence of a conven-
ton to the contrary, an arbitral tribunal is
to be constituted in accordance with the
rules Of Article 81. Artitrators thus nomi-
mated TO form an arbitral tribunal for a
matter OF question will meet on the date
fixed by the contending parties.
Art. %. The tribunal will usually sit at
The Hague. but may sit elsewhere by the
consent Of the contending powers.
Art. rs. Powers not signing the conven-
ton may apply to the court under the con-
ditions prescribed by the present conven-
ton.
Art. q. The signatory powers may con-
slider 1t their duty to call attention to the
existence of the permanent court to any
Of their friends between whom a conflict is
threatening. which must always be re-
garded as a tender of good Offices
Art. o. A permanent council, composed
Of the diplomatic representatives of the
signatory powers residing at The Hague
and the Netherland foreign minister. who
will exercise the functions of president,
will be constituted at The Hague as soon
as possible after the ratification of the pres
ent act. The council will be charged to
establish and organize the international bu-
reau, which will remain under its direction
and control The council will notify the
powers of the constitution of the court and
arrange its installation. draw up the stand
ing orders and other necessary regulations.
will decide questions likely to arise in re-
gard to the working of the tribunal have alb
solute powers concerning the appointment,
suspension or dismissal of functionaries or
employees, will fix the emoluments or sal
aries and control the general expenditure.
The presence of five members at duly con-
vened meetings will constitute a quorlm
the votes. The council will address an
nually to the signatory powers report of
the labors Of the court, the workings Of its
administrative service and of its expendi-
lures.
Art. o. The expenses of the bureau are to
be borne by the signatory powers in the
proportion fixed by the international bureau
of the international Postal Union.
Art. so. The powers which accept arbi-
tration will sign a special act clearly de-
filming the subject of the dispute. The pow
ers' act confirms the undertaking of the par
ties to submit in good faith to the arbitra-
ton judgment.
FORMATION OF THE COURT
Art 81. Arbitration functions may be con-
ferred upon a single arbitrator sew
eral arbitrator designated by the parties at
their discretion. or chosen from among the
members of the permanent court estab
lished by the present act. Unless otherwise
decided the formation of the arbitration tri
bunal Is to be effected as follows: Each
party will appoint two arbitrators who will
choose a chief arbitrator. In case of d.
vision the selection is to be intrusted to
third power whom the parties will desig-
nate. If an agreement is not effected in
this manner each party is to designate
different power and the choice of chief
arbitrator Is to devolve upon them.
Art 81 When an arbitrator Is SOW
ereign or head Of state the arbitral pro-
cedure depends entirely on his august de-
cision.
Art 49, The chief arbitrator Is president
de jure When the tribunal does not con-
tain a chief of arbitration the tribunal may
appoint its own president. He may be
designated by the contending parties or
failing this. by the arbitration tribunal.
Articles "a to so provide for the appoint
ment of councillors, the selection OF the Ian
guages to be employed and the rules of pro-
ceiure in the court, whose sittings are to
be behind closed doors.
Art 81. A Judgment agreed to by a ma
jority vote is to be set forth in writing, CIV
ing the full reasons, and is to be signed by
each member, the majority recording its
dissent and signing It.
Articles 80 to So. The decision of the court
| Is to be read at public sitting in the pres
| ence of the agents counsel of the con-
tending parties, who shall finally decide the
matter at issue and close the arbitration
proceedings.
| The concluding clauses relate to the re-
vision OF proceedings in the case of the dis
covery of a new fact, and provide that each
power bear its own expenses and agreed
| share of the cost of the tribunal without
! prejudice to the penalties imposed.
The review of troops this morning was