The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-11-26
Mr.. RalSton Briefly Re-
views Work of UmpireS
IN Venezuela.
COURT OF ARBITRATION
Rights of Belligerent Gov
ernmentm Subduing Revo-
luton in It's Borders.

Jackson r. Ralston, of the law firm
Of Ralston a Siddons. who acted rs Um-
pire FOR the Italian Venezuelan commits
sion which met al Caracas. has returned
TO Washington after an absence of six
months.
In speaking Of his stay in Caracas. Mr..
Ralston saia he was treated with the
greatest consideration by all whom he
met. Ii was true that at one time con-
siderable c-sSicism was INDUCED in by
the Caracas aewspn Pers toward some OF
the umpires. bat the conduct of no
American connected with the commits
sions was ever made the subject of
hostile comment in the newspapers. or.
so Tar as he knew. by the public officials
OF Venezuela Even where decisions
were given contrary II the contentious
OF the Venezuelan government it was
recognized Il at the Americans were
acting WIKI perfect good falJh.
Americans Impartial.
Perhaps Il reason for the Venezuelan
attitude was 10 be found in the fact
that the Americans treated or sought to
treat the nations in controversy with
absolute impsrtiality and in addition
always sustained their conclusions BY
careful examination and summing up
of international ant other authorities
So far was confidence felt by the Ven
ezuelans IN Americans that one of the
most prominent men connected with the
commission said he would have been
perfectly content TO have had the Amer
lean claims against Venezuela decided
by Venezuelan. Mr. Bainbridge. the
American commissioner. and another
American. although he himself felt the
most perfect confidence in DR.. Barge
the Hollander umpire who presided
over the American commission
The most important matters which
came up for settlement, Mr. Ralston
said. were the limitations upon the right
OF Venezuela TO expel foreigners. the
right of Venezuela TO collect a second
time taxes once paid to de facto revo-
lutionary government, the application of
the principles of prescription 10 interna-
tioaal clc n, the control ..hich could be
exercised by Venezuela o Ter commerce
passing over Venezuelan W-ters. al
though coming from another country.
the limitations upon the right of bonn
bardment OF unfortised cities by war
vessels having 70 supporting land forces
Sufficient to take the cities and capture
the garriso rs. questions OF citizenship in
case Of conflict of laws. and rate of in
ferest 10 be given upon awards with the
time OF its commencement and termina-
ton
Right of Expulsion
Continuing. Mr.. Ralston said that diff
ferent An erioan unpires decided that
while Venezuels had the right to expel
foreigners, such expulsion must be con-
lined within strictly legal limits and be
- 4
not collect a second time taxes once
paid regularly to a de facto revolu-
t5onary government, that local statutes
OF prescription or limitation could not
be recognized in international tribunals.
but that state claims Of which a de-
PENDANT government had received no
notice. although many years had passed
10y. would not be recognized; Shat Ven
ezuela had COZ troll over commerce com
ing from anO;her country. but. seeking
an outlet 10 the sea through Venezuelan
waters; that an unfortihed town in pos
session OF thu enemy could not be wan
tonly bombarJed when there were no
land forces % sustain the ships that
IN the event of the conflict Of laws on
a question Of citizenship, the law OF
the domicile OF birth should control In
a demand against the land of birth. and
that interest should commence upon an
international claim from the date OF de-
mand upon the government itself either
by the claimant or the legation of his
country. and shoui1 cease according 10
the protocols under which the commits
sions acted ~ some time during their
life and the date oe December 81. 1895.
was for various reasons accepted, the
rate of Interest being hxed at 3 per cent.
I'm pires Virtually Agree.
Another important question receiving
attention at he hands OF. the commits
sions was the liability of Venezuela for
acts OF unsuccessful revolutionists. The
American, italian, English. and Neither
lands commissions held that no HabIIi-
lies existed unless there was proven
negligence on the part Of the govern
ment. The umpire OF The German com
mission held similarly. except that with
regard 10 such damages originating in
the Matos revolution. he held the proto-
col under which he acted. created re-
sDOnsibility for Venezuela In All other
cases he accepted and followed the rule
governing other American umpires.
The umpire Of the Spanish commits
sion. Mr. Otero. of Mexico. apparently
considered that by international authOri-
ties such responsibility was not accept
ed. bur regarding the objection as tech
nicaI. held Venezuela responsible. The
umpire Of She French commission. Mr.
Filtz. of Holland held Venezuela respon-
sibie for revolutionary damages. nut
without giving reasons Tor his conclu-
sIOns
While the work OF the Hague court
IN connection with the settlement OF the
Pious fund was one of the most inter
esting international questions settled.
and notable as marking the opening OF
that bod SIR. Ralston said the work
OF the ten Venezuelan commissions eli.
ting this summer at Caracas was re-
markaDle IN the number OF important
questions presented. and their variety
and the amounts In controversy as well
as being such an Illustration Of whole,
sale arbitration as has never before
taken place IN the worlds history
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