The Savannah morning news., 1901-11-07
N-AMERICAN CONGRESS.
Goes Into Secret Session After q
Vote of Fifteen to Four.


City of Mexico, Nov. 6-This morn
ing the Pan American Congress decid-
ed to go into secret session to hear the
project of the arbitration treaty pro-
posed by the Mexican delegation. The
votes against the secret session were
those Of Paraguay and Argentine Re-
public, Bolivia and Peru, against IS.
The press representatives were COM
PEELED to vacate the hall.
After the proposed arbitration treaty
had been reviewed in secret session the
doors of the convention hall were again
thrown open to hear the proposal OF
the Guatemala delegation for d con-
vention for the Pan American court of
claims. The proposed convention among
other things provides that with the
object of facilitating the adjustment of
controversies which the several gov
ernments participating in the conven-
ton may have been unable to settle
diploma tically, the high contracting
parties agree-t submit to the court OF
claims all pending and future ques-
tions between governments of any of
the participating powers and citizens
of any of the other powers, provided
that the claimants in such
cases shall have not served
as enemies of the government
against which the claim is brought
or shall not voluntarily have aided
them. 1t shall be obligatory to present
such cases to the court for adjudica-
ton, but the claimant must first show
that he has exhausted all legal re-
sources in the tribunals of the country
against which the claim is preferred
ha oloi Sc 90 70 hn a
proper subject for the action of these
tribunals. Four months after the ex
change of notifications of the conven-
ton, each nation participating shall
appoint three jurists learned in inter-
national law. The members of the
court to decide any given case will be
selected in the following manner:
Each nation interested in any par
ticular controversy shall appoint one of
the jurists on the list, and both to-
gether shall at the same time appoint
third as a referee or umpire. The
persons designated must not be citi
zens of either of the countries inter-
ested. If two nations cannot agree on
the referee he shall be appointed by a
third power not interested in the con-
troversy. Two nations may, if they
choose, appoint a single arbiter among
those on the list, provided he is not a
citizen of either country. The court
of claims must endeavor to hand down
a decision within six months. The case
may be reopened, if within six months
from the rendering of the decision fur
Their evidence throwing substantially
light on the subject of the controversy
is forthcoming. If the winning side is
not willing to have the case reopened
the claimant must appeal to
the tribunal which adiudicates
the claim. and if it considers his
request reasonable 1t will order a re-
view of the case. Though the tribunal
primarily is for the benefit of the ma
tons entering into the convention, it
may offer its good services to any
other government in case of claims
against it or to the claimants them
selves.
At to-day's conference a telegram
was read from Secretary of State Hay
expressing thanks for his appointment
as honorary president.
The following is the text of the mes
sage:
Washington, Nov. 4. 1901-Senor G.
Raigosa, President of the international
Conference of the American States,
City of Mexico: In acknowledging the
announcement of my election as honor
airy president of the conference, permit
me to express my great appreciation
of the distinguished honor conferred
upon my country by the action of the
delegates, and my earnest wishes that
the deliberations may tend to bind to-
gether in still. closer harmony the en-
tire family of American republics.
beg you to accept the assurance of my
highest consideration. John Hay"
Although the reading of Mexico's
project of the arbitration took place
in secret session. some very interesting
facts have leaked out. The principal
one is that the project is decidedly fav-
orable to Chill and correspondingly dis
tasteful to Peru. 1t is true that the
project Is largely on lines recommend
ed by The Hague Peace Conference,
but with two noted exceptions, both
in favor of Chilli. The first is as fol-
lows:
The Hague convention in its article 16
recognizes arbitration as the most eff
cacious and equitable means of settling
all questions arising from interpreta-
tons and application of international
conventions. The Mexican project
omits this declaration and the omis-
sion is an evident triumph for
Chill inasmuch as the entire difficulty
between Chill and Peru hinges pre-
cisely upon the Interpretation of the
convention of Ancon. The Mexican
project states that all questions not
involving the independence or honor
of a country are Mt subjects for arbi-
tration, but authorize each nation be-
fore signing the ratification of a treaty
to withhold concrete questions from
the convention even though they do
not affect it's honor or independence.
This is another point favorable to Chilli
and the second point of difference from
The Hague convention.
The omission of a reference TO arbi-
tration as a means of settling ques-
lions arising from Interpretation of the
convention is all the more remarkable
for the fact that Mexico is one OF the
Powers that signed The Hauge conven-
ton.
The Mexican project OF the arbitra-
ton treaty enumerates certain ques-
tions in which neither the honor or the
independence of a nation Is to be con-
sidered as involved. These questions are
private claims for damages and inter-
probation Of treaty, or concerning the
following points:
Controversies on issues of private
international law; on water rights or
fisheries and boundary disputes when
they involve merely technical ques-
lions; international protection OF routes
OF communication or moral and intel
lectual interests.
Arbitration Is not prescribed for
questions arising out of Interpretation
OF any other kind OF convention 60
49,