The Wichita daily eagle., 1904-02-23
THE HAGUE DECISION
Arbitration Board Decides the
Venezuela Affair
PREFERENTIAL PRINCIPLE
II Stands and theThree Powers
Gain by Force.

The Hague. Feb. 22-The arbitration tri-
ounaI which has been considering the
claims of the blockading powers for pre-
ferential treatment of their claims
against Venezuela, has decided anani
mously that the three blockading powers,
Great Britain, Germany and Italy, have
the right to appropriate per cent of the
customs at La Guayra and Puerto Ca
beIIo, the ltigants to pay their own cost
in the procedure and divide equally thz
cost 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
out that il has been guided by inIerna
tional law and the equity Of the case and
that the protocols signed at Washington
since February l3, 1903, and particularly
the protocol Of May Z, whereof the obli-
gatory nature cannot be doubtful. form
the legal basis of its sentence; that the
tribunal is not competent To question the
jurisdiction Of the mixed commissions at
Caracas. nor to judge their action or the
character Of the waTlike operations Of
the blockading powers, nor to decide If
the three blockading powers exhausted
all pacific means to prevent the necessity
for employing force. The tribunal decides
that it is only in a position to certify
that since 1901 Venezuela refused arbitra-
ton proposed an 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. further. that the question Of prefer
entiaI treatment was submitted to arbi-
tration. The tribunal declares that IL
found and recognized in these facts pre-
cious evidence in favor Of the great prin-
ciple of arbitration in all phases of in-
ternational conflict In adhering to the
protocols the blockaders could not have
intended 10 renounce their acquired right
nor their privileged, de facto position.
The government of Venezuela itself has
ressrecognized in principle the we'll
fcundedness of their claims while it had
not recognized those of the non-blOckad-
ing powers. and until the end of January,
1903. made not the slightest protest
against the claims for preferential treat
tiations Venezuela constantly distinguish
ed between the allied powers and the
neutrals These latter, not having pro-
tested against the claims for preference
of the blockading powers, either at the
time the war stopped. nor Immediately
after the signature of The protocol OF
February i3. the government Of Venezuela
only agreed in respect to the allied pow
ers TO offer special guarantees for the
fulfllment of its engagements. The good
faith which should direct international
relations imposes the dujy from the tri-
bunaI Of declaring that the words ''all
claims employed by the Venezuelan rep
resentative in the negotiations with the
Representatives, of allied powers could
relate only to the latter powers. Neutrals
could in some respect profit by the cir-
cunstances created by the operations or
the war without acquiring new rights.
the rights already acquired remaining
absolutely iutacs.
In the decision the United States is
charged merely TO supervise the carrying
out of the decision regarding costs.
After the delivery Of the decision Presi-
dent Muravieff (the Russian minister OF
JuSAl'tt IN a Siltll SLtttl fltliehAtfl tlitAN
the findings had been reached after
most minute and most impartial invesi-
CATION like all human acts" he added.
the decision was susceptible to criti-
cism, but uow it was made every one
should accept it. Thei arbitration. begun
in times of peace. had ended amidst the
sinister acts Of war which was a terrible
obstacle in the path Of light and pro-
gresS. In spite of all good will, alas. no
one was secure against an expected histilc
attack. nation was obliged 10 accept
a war when the legitimate defense of
honor au6 liberty was involved. The
just Providence which rules over battles
Will distinguish between right and un-
founded pretensions. At the end of this
war between a European and an Asiatic
people the light will shine out afresh.
The president concluded by saying that
"The Hague arbitration tribunal is al
ways the rampant of Justice, truth and
reason and the sublime hope Of the fl
ture.'