The Mitchell capital. (Mitchell, Dakota [S.D.]) 1879-1918, 1904-02-26

sLockADlNG POWERS WIN
Great Britain. Germany and italy
Granted Preference to the Ex-
tent of 80 Per Cent.

The Hague, Feb. A.-The arbitration.
tribunal, which has been considering
the claims of blockading powers for
preferential treatment of their claims
against Venezuela, has decided unani-
mously that the three blockading pow
srs. Great Britain. Germany and Italy,
have right to preference of 80 per
cent. OF the customs duties at La
Guaira and Puerto Cabello; the liti-
gants to pay their own costs in the pro-
cedure. and to divide equally the costs
Of the tribunal. The United States is
commissioned to carry out the decision
Of the tribunal within three months.
In giving judgment the tribunal
points that it has been guided by the
International law and equity Of the
case that the protocols signed at Wash
tngton since February 13. 1903, and par
ticularly the protocol of May z, where
Of the obligatory nature cannot be
doubtful form the legal basis of its SEN
tences: that the tribunal is not compe-
tent to question the jurisdiction of the
mixed commissions at Caracas, nor to
Judge their action, or the character OF
the warlike operations of the blockad
ing powers, nor to decide If the three
bloclading powers exhausted all pacific
means to prevent the necessity for em-
ploying force.
4lC l4IOlliedl 0SSlQeS lIt1l IL OIlty III
position to certify that since 1901 Vene-
zuela refused the arbitration proposed
on several occasions by Germany and
Great Britain; that after the war no
formal treaty of peace was concluded:
that the operations of the blockaders
were stopped before they had received
satisfaction for all their claims, and
that the question of preferential treat
ment was submitted to arbitration. The
tribunal declares it has found and rec
ognized in these facts precious evidence
IN favor of the great principal of arbl-
tration in all phases of international
conflict In adhering to the protocols
lhe blockaders could not have intended
to renounce their acquired rights nor
their privileged de facto positions.
Venezuela itself has recognized in
principle the we'll foundedness of their
claims, While 1T had not recognized
those of the nom -blockading powers,
and until the end, January 19, made
not the slightest protest against the
claim for preferential treatment
Throughout the diplomatic negotia-
tons Venezuela constantly distin-
guished between the allied powers and
the neutrals. These latter, not having
protested against the claims for pref
erence of the blockading powers, either
Mt the time the war stopped nor imme-
diately after the signature of the pro-
tocol OF February 13, Venezuela only
agreed in respect to the allied powers
10 offer special guarantees for the full
flment of its engagements. The good
faith Which should direct international
relations imposes the duty on the tri-
bunal of holding that the words ''all
claims employed by Venezuela in ne
gotiations with the allied powers, could
relate only to the latter powers. The
neutrals could III some respects profit
by the circumstances created by the
operations of war, without acquiring
new rights, the rights already acquired
absolutely intact