Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-10-15
Mr., RALSTON'S ADDRESS
REMARKS BEFORE THE TRIBU-
NAL AT THE HAGUE.
The United States and Mexico the
First Litigants to Submit Their
Case to the Court.

The State Department has received ca
BILE message from Mr. j. H. Ralston, United
States agent, in the matter of the P1ous
fund claim, giving the substance of the de-
cision of the court of arbitration, as fol-
lows:
THE opinion of the permanent court or
arbitration declares that all parts of the
Judgment of the umpire of the mixed claims
commission in 1875 concerning the debated
points explain and serve to render precise
the sense and bearing of the decisory part
and determine the points res judicata; shat
this rule applies not only to ordinary tribu-
nails, but to arbtral sentences and to inter-
national arbitrations; that the convention
of 1868 between the United States and
Mexico accorded to the mixed commission
and the umpire the right to determine their
own Jurisdiction that there is identity OF
parties and subject matter in the present
controversy and the arbitral sentence rem
dered in 1875; that Mexico conscientiously
executed the former sentence; that 1t IS IN
arrears for thirty-three annual Install
ments. since accrued; that the law or pre-
scription cannot be applied to the present
conflict: that the money In which payment
of annuity should be made, in the absence
of express stipulation. must be that having
currency in Mexico; that upon TINS point
the former sentence, relating to execution
and not to the basis to the right in litiga-
ton, had not the force of res judicata ex-
cepC 1OT the term " WittCH IL ido iSASA
ence.
1.-The permanent court decided that the
present claim determined by the prln-
ciple of res judicata; that conformabiy to
the former sentence there should be PAID
bv Mexico the sum demanded by the United
States, 81, 420,6s26 in Mexican currency,
within the ensuing eight months and. FUR
ther that Mexico should pay to the United
States on February . 1903 and each fol-
lowing year the sum of $43,0J 80 in Mexf-
can currency The contentious of the
United States were sustained in every par
ticular, except that permission is virtually
given to Mexico to pay in silver
Mr.. Ralston's Address.
When the court of arbitration assembled
at The Hague for the consideration of the
Pious fund case Mr.. Ralston, as agent for
| the United States addressed the court in re-
sponse to the address of welcome extended
| by the president of the permanent court to
| the representatives of the United States and
| Mexico.
ION behalf of the United States" said
Mr.. Ralston. 1T is my honor and pleasure
| to offer a brief reply Of thanks to the cour-
teous sentiments of the distinguished presl-
| dent of this court.
| "At this moment permit me to express
| nv appreciation of the action of the Neither
| land government in extending many courte-
| sizes in connection with the establishment
| OF the court Of arbitration, as we'll in
| facilitating the work of the first litigants,
| heartily the compliment shown by the at
| tendance this occasion of the members
| of the administrative council.
I'VE who represent the United States es-
| TEEN highly the opportunity Of presenting
| before this learned body a controversy in
| volving the two foremost nations of the
| North American continent IL is perhaps
| natural that we should facilitate ourselves
| upon the fact that the first nations to re-
sort to this tribunal are of the western
| hemisphere, and are nations which may
| take pride in the fact that they are legiti-
| mate offspring of the peoples of Europe.
| and. SUCH inheritors of centuries of a
| common civilization, the most advanced
! that the world has ever known.
Secretary Hays Suggestion.
| I'VE of the United States find satisfaction
/ In the fact that the first suggestion Of ar
/ bitration of the question now offered for
| your consideration was made by Mr.. Secre-
| tary Hay of the United States. whose fame
| as diplomatist and as a statesman knows
| no national bounds. We congratulate our
| neighbors upon the other side that after
| this suggestion Mr.. Hay and the distin-
| guished secretary of foreign affairs Of Mex
| leo, Mr.. MariScal, came to a speedy accord
| upon the proposition to refer the proposed