Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-02-17
SIGNED A PROTOCOL
To Adjust American Claims
Against Venezuela.
COMMISSION PROPOSED
EACH COUNTRY TO HAVE A REP
RESENTATIvE.
In Event Of Disagreement an Umpire
Is to Be Appointed by Queen Of
the Netherlands.

Is to Be Appointed by Queen Of
the Netherlands.
Secretary Hay for the United States and
Mr.. Bowen acting for Venezuela signed
this afternoon a protocol providing for the
adjustment of the claims OF the United
States against Veezuela by commission
to meet at Caracas. This commission viii
consist Of two members, Venezuelan and
an American. to be appointed, respectively
by Presidents Castro and Roosevelt, ana
in the event Of disagreement an umpire
is to be appointed by the Queen OF the
Netherlands. It Is expected that the min
lister for foreign affairs will be appointed
as Venezuela's representative, and that
either Mr.. Bowen or Mr.. Russell. the
United States charge. will be named TO
represent the United States.
Baron Gevers the minister for the Neither
lands, called at the State Department dur
Ing the morning to give notice Of the &C
ceptance by Queen Wilhelmina Of the task
imposed upon her her consent having been
previously sought by both parties to the
arbitration.
Text Of Protocol.
The protocol signed today 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 fol-
lows:
Protocol of an agreement between the
Secretary of State of the United States OF
America and the plenipotentiary of the
republic of Venezuela for submission to ar
bitration of all unsettled claims of citizens
of the United States of America against tAe
republic of Venezuela.
The United States Of America and the re-
public Of Venezuela, through their repre-
sentatives, John Hay, Secretary OF State
of the United States Of America, and Her
bert w. Bowen, the plenipotentiary OF the
republic of Venezuela. have agreed upon
and signed the following protocols:
Article I.
All claims owned by citizens OF the
United States Of America against the re-
public OF Venezuela which have not been
settled by diplomatic agreement or by ar
| bitration between the two governments.
and which shall have been presented to the
commission hereinafter named by the De-
partment of State of the United States or
its legation at Caracas, shall be examined
and decided by mixed commission, which
shall sit at Caracas, and which shall con-
sist 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 Netherlands II either
| Of said commissioners or the umpire should
! fail or cease to act, his successor shall be
| appointed forthwith in the same manner as
| his predecessor. Said commissioners and
| umpire are to be appointed before the 1st
day Of May, 1908.
| meet in the city of Caracas on the LIST day
Of June, 1903. The umpire shall preside
over their deliberations and shall be COM
| petent to decide any question on which the
commissioners disagree.
Before assuming the functions Of their
office the commissioners and the umpire
shall take solemn oath carefully to exam
inc 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 de-
eide all claims upon basis of absolute
equity, without regard to objections of q
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 final and conclusive.
They shall be in writing. All awards shall
be made payable in United States gold. or
its equivalent in silver.
Article II.
The commissioners, or umpire, as the case
| may be, shall investigate and decide said
claims upon such evidence or information
only as shall be furnished by or on behalf
Of the respective governments.
They shall be bound to receive and con-
slider 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
anf nm
claim. In case of their failure to agree In
opinion upon any individual claim the
umpire shall decide.
Every claim shall be formally presented
to the commissioners within thirty days
from the day of their first meeting, unless
the commissioners or the umpire In any
case extend the period for presenting the
claim not exceeding three months longer.
The commissioners shall be bound to exam
Inc and decide upon every claim within six
months from the day Of its first formal pre-
ment the umpire shall examine and decide
within a corresponding period from the
date of such disagreement.
Article III.
The commissioners and the umpire shall
keep an accurate record Of their proceed
fngs. For that purpose, each commissioner
shall appoint secretary versed in the Ian
guage Of both countries to assist them in
the transaction Of the business of. the COM
mission. 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 w.
Reasonable compensation to the commits
sioners and to the umpire for their services
and expenses, and the other expenses of
said arbitration, are to be paid in equal
moieties by the contracting parties.
Article v.
In order to pay the total amount of tho
claims to be adjudcated, as aforesaid, and
other claims of citizens or subjects of other
nations, the government Of Venezuela shall
set apart for this purpose, and ALLEVIATE to
no other purpose beginning with the month
Of March. 1903, 80 per cent in monthly pay
ments of the customs revenues Of La
Guaira and Puerto Cabello, and the pay
ments 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 he
placed in charge Of the customs of the two
ports, and shall administer them until the
liabilities Of the Venezuelan government in