The Montgomery advertiser., 1903-02-18
CLAIMS OF
 THIS NATION Bowen and Hay Sign a
 Protocols WILL NAME l.5S EMISSION
 ; Queen of The . therlands to DeSignat ~le Umpire.
Wilhelmina Agrees to Accept the Task Imposed Upon Her-Com-
 ment on End of the
 Venezuelan Imbrogio.

Washington. Feb. H.-A protocol pro- viding for the adjustment of the United States claims against Venezuela by a commission to meet at Caracas. was signed today by Secretary Hay for the | United States and Mir. Bowen for Vene- I zuela- The protocol 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 Secretaries of State of the United States of America and the plenipotentiary of the republic of Venezuela for submission to arbitration of unsettled claims of citi- zens of the United States of America against the republic of Venszuela- The United States of America and the Republic of Venezuela, through their rep representatives, John Hay, Secretary of and Herbert Bowen. the plenipotentiary of the Republic of Venezuela, have agreed upon and signed the following protocol:
 Article I. All claims owned by citizens of the United States of America against the Republic of Venezuela which have not been settled by diplomatic agreement or arbitration between the two Govern ments, and which have been presented to the commission hereinafter named by the Department of State of the United States | or its legation at Caracas, shall be ex- amined and decided by a mixed commits | sion which shall sit at Caracas and which | shall consist of two members, one of whom is to be appointed by the Presi- dent of the United States and the other | by the President of Venezuela
 Queen to Name Umpire. It is agreed that an umpire may be named by the Queen of The Netherlands. | If either of said commissioners or the umpire should fail or cease to act, his successor shall bs appointed forthwith | in the same manner as his predecessor. | Same commissioners and umpire are to be appointed before the first day of May, 1903. The commissioners and the umpire shall meet in the City of Caracas on the first day of June 1908. The umpire shall pre- side over their deliberations and shall be | competent to decide any question upon which the commissioners disagree. Be- fore assuming the functions of their of fees, the commissioners and umpire shall take solemn oath carefully to examine and impartially decide, according to jus tice 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 basis of ab- solute equity, without regard to objec- tions of a technical nature or of the pro- visions of local legislation.
 The decisions of the commissioners and in the event of their disagreement those of the umpire shall be final and conclu- sive. They shall be in writing.
 Awards shall be made payable in United States gold or its equivalent in silver
 Article g. The commissioners or um- pire shall investigate and decide said claims upon such evidence or information only as shall be furnished by or on be- half of the respective 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 open upon any individual claim, the umpire shall decide.
 To Hasten Award.
 Every claim shall be formally presented to the Commissioners within thirty days
 
 less the commissioners or the umpire ex- tend the period not exceeding three months longer. The Commissioners shall be bound to examine and determine every claim within six months from the day of its formal presentation and in case of their disagreement the umpire shall ex- anime and decide within corresponding period from the date of such disagree ment.
 Article 3. The Commissioners and the umpire shall keep an accurate record of their proceedings for that purpose Ex- cept as herein stipulated all questions in procedure shall be left to the determi- nation of the commission or in case of their disagreement to the umpire.
 Article 4 Reasonable compensation to the commissioners and the umpire for their services and for expenses of the arbitration are to be paid in equal moIties by the contracting parties.
 Article 5. In order to pay the total amount of the claims to be adjudicated as aforesaid and other claims of citizens or subjects of other nations. the govern ment of Venezuela shall set apart for this purpose and alenate to no other pur- pose beginning with the month of March. 1908. 90 per cent in monthly payments of the customs revenues of La Guaira and Puerto Cabello and the payments thus set aside shall be divided and distributed in conformity with the decision of The Hague tribunal
 In case of the failure to carry out the above agreement Belgian officials shall be placed in charge of the customs of the two ports and shall administer them until the liabilities of the Venezuelan government in respect to the above claims shall have been discharged. The reference of the question above stated to The Hague tribunal will be the subject o' separate protocol
 Article G. All existing and unsatished awards in favor Of the United States shall be promptly paid according to the terms of the respective awards.
 John Hay.
 T!c-be-t W. Bawe7 It Is expected that the Minister of For eign Affairs will be chosen as Venezue- las representative and either Mir. Bowen