The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-18
THAT PROTOCOL.
Document That Hay and Bowen
Have Signed.

Washington. Feb. 1s.-The commission
provided for by Secretary Hay and Mr..
Bowen to settle the claims of the Uni
ted States against Venezuela, viii con-
sist of two members, a Venezuelan and
an American, to be appointed respective
~ by President Castro and Roosevelt,
and in the event of q iSagreement an
umpire to be appointed by the queen of
the Netherlands It is expected that the
minister for foreign affairs viii be APP
pointed as Venezuela's representative
and that either Mr.. Bowen or Mr.. Rus
sell, the United States charge, viii be
named to represent the United States.
Baron Covers. the minister for the
Netherlands called at the state depart
ment and gave notice of the acceptance
by Queen Wilhelmina of the task inn
posed upon her, her consent having been
previously sought by both parties to the
arbitration.
The protocol signed is expected to
serve as a model for similar instruments
to be arranged with the other claimant
powers. The text of the protocol is as
follows:
Protocol of an agreement between the
secretary of state of the United States
of America and the plenipotentiary of
the republic of the Venezuela for sub
mission to arbitration of all unsettled
claims of citizens of the United States
of America against the republic of Ven
ezuela:
The United States of America and the
republic of Venezuela, through their
representa- tives, John Hay. secretary of
state for the United States of America
and Herbert W. Bowen. the plenipoten-
tiary of the republic of Venezuela. have
agreed upon and signed the following
protocol:
Article All claims owned by citi-
zens of the United States of America
+ against the republic of Venezuela. which
1 have not been settled by diplomatic
agreement or arbitration between the
two governments and which shall have
! been presented to the commission here
/ matter named by the department of
state of the United States or its lega-
ton at Caracas. shall be examined and
decided by a mixed commission, which
shall sit at Caracas and which shall
consist of two members, one of whom
/ is to be appointed by the president of
the United States and the other by the
president of Venezuela.
1t is agreed that an umpire may be
named by the queen of the Neither
lands If either of said commissioners
or the umpire should fail or cease to
1 act, his successor shall be appointed
4 forthwith in the same manner as his
predecessor. Said commissioners and
umpire are to be appointed before the
I first day of May, 1908.
The commissioners and the umpire
shall meet in the city of Caracas on
the first day of June, 1903 The umpire
shall preside over their deliberations
and shall be competent to decide any
question on which the commissioners
disagree. Before assuming the func
and the umpire shall take solemn oath
lions of their offices, the commissioners
carefully to examine and impartially
decide, according to justice and the
provisions of this convention, all claims
submitted to them, and such oaths
shall be entered on the record of their
! proceedings. The commissioners. or in
case of their disagreement, the umpire
shall decide all claims upon a basis of
absolute equity. without regard to OBJ
! jections of a technical nature or OF the
/ provisions of local legislation.
The decisions of the commission, and
/ in the event of their disagreement, those
Of the umpire. shall be flnal ana conciu-
sive They shall be in writing.
Awards shall be made payable in
United States gold or its equivalent IN
silver.
Article , The commissioners or UNI
pire, as the case may be. shall investi-
/ gate and decide such claims upon sucn
/ evidence or information only as snail
be furnished by or on behalf of the re-
spective governments. They shall be
! bound to receive and consider all written
documents or statements which may be
presented to them by or on behalf OF
the respective governments in support
Of or in answer to any claim. and to
hear oral or written arguments made by
/ the agent of each government on every
claim In case of their failure to agree
in opinion upon any individual claim
the umpire shall decide.
Every claim shall be formally pre-
scented to the commissioners within 30
days from the date of their first meet
1 ing. unless the commissioners or the
umpire in any case extend the period
for presenting the claim, not exceeding
three months longer. The commission
/ ers shall be bound to examine and de-
eide upon every claim within six months
from the day OF its first formal presen-
tation and in case of their disagreement
the umpire shall examine and decide
within a corresponding period from the
date Of such disagreement.
Article 3-The commissioners and the
umpire shall keep an accurate record o.
their proceedings. For that purpose,
each commissioner shall appoint sec
rotary. versed in the language of both
I countries. to assist them in the trans
action Of the business of the commits
sion. Except as herein stipulated, all
questions of procedure shall be left to
the determination of the commission, or,
in case of their disagreement, to the
/ umpire.
Article Unreasonable compensation to
the commissioners and to the umpire
for their services and expenses and
other expenses of said arbitration are to
be paid in equal moieties by the con-
/ tracing parties
Article SIN order to pay the total
amount OF the claims to be adiudicated