The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-02-23
DECISION IN FAVOR OF
THE ALLIES THAT PUISA
PREMIUM ON VIOLENCE
Unanimous Ruling by The Hague
Tribunal in the Venezuela
Preferential Claims Cases.
OTHER POWERS TO WAIT
Until Britain, Germany and Italy
Have Been Paid-United States
to Act as Collector.

THE HAGUE, Feb. 22.-The arbitration
tribunal which has been considering the
claims of the blockading powers for prefer
entail treatment of their claims against
Venezuela has decided, unanimously, that
the three blockading powers, Great Britain,
Germany and Italy, have a right to a pref
erence OF 80 per cent. of the customs duties
at Laguayra and Puerto Cabello the liti-
giants to pay their own costs in the pro-
cedure. and divide equally the costs of the
tribunal The United States is COM
missioned to supervise the carrying out of
the decision of the tribunal, as to costs.
within three months.
In giving judgment the tribunal points
out that it has been guided by international
law, and the equity of the case and that
the protocols signed at Washington since
Feb. 1S 1903, and particularly the protocol
of May Z. whereof the obligatory nature
cannot be doubtful. form the legal basis OF
its sentence; that the tribunal is not COM
petent 70 question the jurisdiction OF the
mixed commissions at Caracas. nor to
judge their action or the character of the
warlike operations of the blockading power,
nor to decide if the three biockading powers
exhausted all pacific means to prevent the
Necessity lOr employing FORCE.
The tribunal decides that it is only in
position to certify that since 1901 Venezuela
refused arbitration, proposed on several oc-
casions 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. further that the question of
preferential treatment was submitted TO
arbitration.
The tribunal declared that it found and
recognized in these facts precious evidence
In favor of the great principle of arbitra-
ton in all phases of international conflict
In adhering to the protocols the blockades
could not have intended to renounee their
acquired rights, nor their privileges, de
| facto position. The government OF Vene-
zuela itself had recognized in principle the
well-foundedness of their claims. while 1t
had not recognized those of the nonblOck-
aiding powers, and until the end of January,
1903. made not the slightest protest against
the. claims for preferential treatment.
Throughout the diplomatic negotiations
the allied powers the neutrals. These
latter, not having protested against the
claims for conference OF the blockading
powers, either at the time the war stopped,
| nor Immediately after the signature OF the
| protocol of Feb. IS, the government OF
venezuela only agreed in respect to the al
! lied powers to offer special guara ntees for
the fulfillment of its engagements The good
| faith which should direct international re-
! lations imposes the duty on the tribunal Of
| declaring that the words ''allied claims"
| employed by the Venezuelan representatives
| in the negotiations with the representa-
tives OF the allied powers could relate only
| TO the latter powers. Neutrals could in
some respect, profit by the circumstances
| created by the opera tons OF the war with
out acquiring new rights, the rights already
acquired remaining absolutely intact
A1ter the delivery OF the decision Presi-
| dent Muravieff (the Russian minister of
| sustice), In a short speech, declared that
the findings had been reached after a most
minute and most impartial Investigation
Like all human acts. ne added the decision
was susceptible OF criticism but now IN was
made, every one should accept it The arbi-
| tratlon, begun in time of peace has ended
amidst the sinister acts of war which wa 8
| terrible obstacle in the path of light and
! progress. In spite of all good will. alas. no
| one was secure against an unexpected hos
! tile attack. nation was Obliged TO accent
| war when the legitimate defense of honor
and liberty was involved The iust nrovi
dence which ruled over battles will disfIn-
| guish between right and unfounded nreten-
sions. AT the end Of this war between a
European and Asiatic people the right
/ will shine afresh. The president concluded
with saying that The Hague Arbitration
tribunal remains always the ramnart OF
| Justice, truth and reason, and the sublime
| hope of the future