The San Francisco call., 1904-02-23

THE HAGUE. Feb 22.-The arbitra-
. ton tribunal which has been consider
ing the claims Of the blockading pow
trs for preferential treatment of their
aaims against Venezuela has decided
unanimously that the three blockad-
ing powers. Great Britain, Germany
and Italy. have the right 10 prefer
ence Of go per cent Of the customs du-
ties at Ia Guaira and Puerto Cabello,
the Hugants To Ply own costs in the
procedure. and divide equally the costs
90 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
international law and The equity of the
case and that the protocols signed at
washington since February IS. 1909,
and particularly The protocol Of May
=, whereof the obligatory nature can
NOT be- doubtful. form the legal basis
Of its sentence; that the tribunal is not
competent 10 question the jurisdiction
of the mixed commissions at Caracas,
nor TO judge their action or the char
acter Of the Warlil1e operations Of the
blocSading powers. nor to decide if the
three blOckading powers exhausted all
pacific means 10 prevent the necessity
for employing force. The tribunal de-
cides that IL is only in a position to
certify that since 1901 Venezuela re
fused arbitration proposed on several
occasions by Germany and Great Brit
ain. that after the war no formal treaty
Of peace was concluded. that the oper-
stions OF the blockaders were stopped
before they had received satisfaction
for all their claims. and. further that
the question Of preferential treatment
was submitted 70 arbitration. The tri-
bunal declares that it found and recOg-
nized in these facts precious evidence
In favor Of the great principle Of arbi-
tration in all phases Of international
conflict In adhering 10 the protocols
the blockaders could not have intended
10 renOunce their acquired rights. nor
their privileged de facto position. The
Government of Venezuela Itself has
recognized in principle the well-fOund-
edness OF their claims while il had not
recognized those of the nom blockad-
ing powers, and until the end of Jan
Uary, 1903. made not the slightest pro-
test against the claims for preferential
, treatment.
Throughout the diplomatic negOtia-
uons venezuela constantly dis
unguished between the allied powers
and the neuUals, these latter not
having protested against the claims
Tor preference of the blOckading
powers, either at the time the war
stopped nor Immediately after the
signature of the protocol Of February
l3- The Government Of Venezuela only
agreed in respect to the allied powers
10 offer special guarantees for the full
nllment Of its engagements The good
faith which should direct international
relations imposes the duty in the tri-
bunal of declaring that the words "all
claims" employed by the Venezuelan
representatives in the negotiations with
the representatives Of allied powers.
could relate only to the latter powers.
Neutrals could in some respect profit
by the circumstances created by the
operations Of the war without requiring
new rights. the rights already acquiring
remaining absolutely intact
In the decision the United States is
charged merely 70 supervise the carry
ing out Of the decision regarding costs.
After the delivery of the decision.
President Mouraviem (the Russian Min
lister Of Justice). in a short speech. de-
clared that the findings had been
reached after a most minute and most
impartial investigation. Like all human
acts he added, the decision was sus-
cepuble TO criticism, but now it was
made every one should accept it. The
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 progress.
In spite Of all good will alas. no one
was secure against unexpected hostile
attack. A nation was obliged TO accept
a war when the legitimate defense of
honor and liberty was involved. The
Just providence which ruled over battles
win distinguish between right and un-
founded pretensiOns.
At the end Of this war between a
European and an Asiatic people. the
right viii shine out afresh. The presi-
dent concluded with saying that The
Hague arbitration tribunal remains
always the rampant Of justice, truth