New-York tribune., 1902-08-02
ARBITRATION SUCCESSFUL
THIS GOVERNMENT WELL SATISFIED
WITH THE EXPERIENCE OF HE
LAST SIX YEARS.
GBY TELEGRAPH TO THE TRIBUNE.l


Washington, Aug. 1.-The government is
pretty well satisfied over its experiences with in
ternational arbitration in the last six years ana
it is not likely to hesitate to submit to an I'M
partial tribunal any matters of dispute which
may arise with other nations. except such pre-
posterous claims those advanced by Canadian
politicians over the long ago defined Alaskan
boundary. and which cannot be regarded as
open 10 any question whatever. Most of the re-
cent controversies in which the United States
has been concerned and which have been sub
mitted to arbitration tribunals, have arisen from
damage claims filed by American citizens against
Latn-American republics.
Judge Penfield the solicitor of the State De-
partment, VINO prepares all the lnternatlohai
cases of American claimants. and on whose
judgment they are pressed or abandoned says
there have been sixteen cases submitted to arh-
tration by the United States since March T. 1891
and of these three still pending. Only TWO
cases have been lost out of the sixteen ohe
was small case against Mexico, which was de-
cided by Mr. Quesada the Argentine Minister
at Madrid. The other a claim or Slouoo
against Salvador which regarded by this
government as a perfectly plain and just case,
but the arbitrators unfortunately, were citl-
zens of other Latin-American States. The re-
manning eleven cases were won outright py the
United States In two of the three still penang
the courts have Enthusiastically intimated a Ver-
dict for the United States, and the third is re-
earded as a foregone conclusion in favor OF TINS
country AS a general thing this government
assumes all the expense OF pressing the just
claims of its citizens against other States. but
in the case of comparatively generous awards
the State Department expects the successful
claimant to pay the necessary expense, at least
in part and in few cases are private counsel
fees paid by the government.
THE PIOUS FUND CLAIM.
A notable instance of the assumption by this
government of the expenses of arbitration Is
that Of the Pious Fund claim which has the
distinction of being the first case ever placed
on the docket of The Hague international trl-
bunal This is claim by the Roman Cathollc
Church of California against Mexico Tor more
than 100000 of accrued interest, as has al
ready been told in the history OF the case pup
lished in The Tribune July %. The State
Department induced Congress at its last session
to appropriate $4,000 for the conduct OF the
case without expense to the claimant, as 1t IN
wolves considera Bile expenditure for printing and
for transporting original records, that would
cause too great draft on the emergency luhu
of the department. The government has also
furnished all the legal talent required TO pre-
sent the claim properly to the arbitrators ana
o make the argument, by detailing Solcltor
Penfield to go to Holland and appear for the
United States. He will sail from New-1ork on
August 16 and will be compelled to remain be-
fore the tribunal until the end Of October, when
the hearing will be closed and the arbitrators
will have month in which to render their
decision
The action Of the department in assigning
Judge Penfield to the case when he cannot
easily be spared from his duties in Washington
is in part due to the great amount OF money
and the principles involved favorable de.
cision would mean not only sum in excess or
81 0e0o 900 gold for interest from 1865 to this
time but would bind Mexico to keep up the
pavn1ent for all time in the future unless that
government restored the original fund to the
California bishop. But the whole attitude OF this
government toward the case is calculated TO
convince those who responsible for the
maintenance of the obnoxious friars In the Phil
ippnes that the United States can be trustee
to act for the best interests of its people all
over the world, and is not TO be Influenced by
considerations of petty prejudice or partisan
expedency.