The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-02-23

Preferential Treatment for the Nations
That BIockaded Venezuela. The
United States Commissioned
to Garry Out the Decis-
ion of the Tribunal.
(By the Associated Press.)

The Hague, Feb. 22-The Arbitration
Tribunal which has been considering the
claims of the blockading powers for pref
ercntia treatment to the claims against
Venezuela has decided unanimously that
the three blockading powers, Great Brit
sin, Germany and Italy, have the right
10 preference of 80 per cent of the Gus
toms duties at Gualra and Puerto Ca
bello. the litigants to pay their own costs
in the procedure, and 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
out that it has been guided by interna-
t;onal law and the equity Of the case and
that the protocols signed at Washington
since February 10. 1908, and particularly
the protocol of May T. whereof the obi
gatory nature cannot be doubtful, form
tie 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 OF the
che racter of the warlike operations oil the
biCckading powers, nor to decide IL the
three blOckading powers exhausted all
pacific means to prevent the necessity OF
employing force. The tribunal decides
that it is only in a position to certify
that since 1901, Venezuela refused ar.
bitration, proposed on several occasions
Z 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
cntial treatment was submitted to arbi-
tr:.tion The tribunal declares that it
found and recognized in these facts pre-
cious evidence in favor of the great prin-
chile of arbitration in all phases OF III
tcrnational conflict In adhering to the
PROTOCOLS the blockade could not have
intended to renounce their acquired rights
no: their privileged, de facto position. The
government of Venezuela, itself, had rec
ognized in principle the well foundedness
of their claims, while it had not recog-
nized those Of the Notwithstanding powers.
and until the end OF January, 1903, made
no. the slightest protests against the
claims for preferential treatment.
Throughout the diplomatic negotiations
Venezuela constantly Distinguishing be-
tween the allied powers and the nedtrals.
the claims for preference of the block
aiding powers, either at the time the war
stopped or Immediately after the sigma
turc of the protocol of February 10, the
government of Venezuela only agreed in
respect to the allied powers to offer
spe cial guarantees for the fulfllment Of
it's engagements. The good faith which
should direct International relations i'm
poses the duty on the tribunal of de-
caring that the words ''all claims" en-
plcyed by the Venezuelan representative
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 circum-
stances created by the operations of the
war without acquiring new rights, the
rights already acquired remaining abso-
lutely intact.
In the decision the United States is
charged merely to supervise the carry
ing, out of the decision regarding costs.