The daily morning journal and courier., 1904-11-16

Of the arbitration treaty of 1887, which failed Of ratification: and the action of the great Lord Chief Justice of Eng land, Alverstone. in giving the casting vote in favor of the claims of the Uni ted States, had great effect in satisfy ing the people of this country that even questions of territorial and national honor could be safely settled by a tri- bunal of competent judges.
 The Hague arbitration convention before September. 1900, had been signed by all the powers represented at the convention except China. Under that convention each of the powers is to de- signate within three months from the ratification of the convention, four per sons of recognized competence in inter- national law, and enjoying the highest moral reputation, and disposel to ac- cept the duties of arbitrators. Mem
 bers of the court are to be appointed for six years, and may be reappointed. The signatory powers desiring to apply to the tribunal for a stttlement of a
 difference are to notify the same to the
 arbitrators. They are then to be chos- Gll# HUH l41-A AAoS VI tAAN 1AA%AAA
 bers of the court, each party naming two arbitrators, and these are to choose
 chief arbitrator or umpire. The tri-
 bunal Is to sit at the Hague when prac-
 ticable, unless the parties otherwise
 agree The signatory powers eonsid- cred it duty in the event of an acute conflict threatening to break out be- tween two or more of them, to remind these later that the permanent court is open to them. It was under this pro- vision of the convention that Russia and England agreed to settle the recent questions growing out of the North sea affair. The first step is to have com mission of enquiry, which has been done, and that will be followed later. if l the report of the commission requires l it, by an arbitral tribunal sitting to pass on the question Of damages, etc. I Each party Is to submit to the court all deeds and documents upon which it proposes to rely. After the documenta- " evidence has been lodged, the oral arguments are begun, and this is to be | taken down in writing, but 1t Is only to | be made public with the consent of the | parties. The members of the tribunal
 may question the agents and counsel of l each government on any point they de- | sire to have cleared up. The tribunal l is the sole judge of the extent of it's ju- | risdiction, and the rules of internation- | al law which are applicable to the case. The deliberations of the court to take | place with closed doors. The decision ] is made by a majority and must be in writing. There is no appeal. but if a new fact is discovered which was un-
 known at the time, both to the tribunal and the party alleging 1t. and the fact
 is important and might exercise deci-
 ded influence on the decision, that deci-
 sion, after the evidence is taken, may
 be reversed.
 I The weakness of the Hague conyen- I ton consists in the fact that the sigma
 tory powers are. not bound to go before the tribunal, and the Olney-Pauncefote
 treaty of January, 1897, which failed of
 ratification by four votes in the United
 States senate, and the recent treaty
 ratified between France and England; :; and those which are now proposed at | Washington between the United States
 and France, England and Germany
 and other powers, remedy this defect by providing that practically all con-