Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-08-28

their own number or any other two per-
sons whom they consider competent as
judges. These shall each name a member
OF The Hague tribunal, and the last MEM
Der of the court shall be chosen by lot
from those named, and he shall be the
presiding judge, unless he requests that
some one else be elected president judge.
But by mutual consent of all the desig-
mated judges. the presiding judge may be
chosen by them. In such case he need not
be member of The Hague tribunal.
Article v. All cases under both Articles
1 and II shall be tried, first, by a court con-
stituted as above, by a commission of
inquiry, unless all parties concerned agree
to begin action in the high court Of The
Hague. There may be an appeal In all
eases to the high court Of The Hague,
unless the decision is unanimous, the Dues
ton pencunary, and the amount adJudged
is less than 100000.
There must be an appeal to the high court
of The Hague before exercise of the right
to resort to arms; for such right shall here
after be exercised only after decision by
a high court of The Hague tribunal, either
upon original hearing Of a controversy or
upon an appeal from commission or in
quiry, or from a court of first instance,
constituted provided herein.
Article vi. The courts of first instance
shall decide upon all rules of procedure, APP
point all necessary agents and fix their
compensation, designate the time and place
of their sittings, &c. and SHAH render
their decisions according to the terms of
the treaty of The Hague on this subject;
and shall have power to fix costs and fees
for maintaining the necessary officers of
the court. and order such sums 10 De PAID
in by 1itigants, during the action, as may
be necessary to meet the current costs
Judgments by Default.
Article VII. Either party to a contro-
versy may deliver to the other party or
parties a statement of its contention, and
is entitled to a judgment according to the
Inv ha n1ark of The
Hague court, unless 1t receives a counter
statement in a reasonable time. Upon ap-
plication and proof of delivery of such
statement of the case, the clerk of the
court shall designate what would be
reasonable time for delivery or counter
statement and shall SO notify the other
party or parties.
A Judgment by default may be set aside
by the clerk upon reasonable cause.
Upon issue Joined, the clerk shall certify
the fact with the proper papers to the
highest court of each power concerned. If
the case is to be tried before that court
of first instance.
If the case is to come before a commits
sion of inquiry or before a court of The
Hague tribunal, the clerk Of The Hague
tribunal shall take the necessary steps to
constitute such commission or court as
provided in this treaty and the treaty or
The Hague
When the judges for the trial Of case
shall have been selected It shall be proper
for them to decide and announce to the
contending parties the reasonable rules OF
procedure to be followed for taking evil
dence, hearing motions, &c; time and place
of trial, sittings of court, &c
Rules of procedure once announced ana
followed shall be considered constituting
a part of the procedure of the permanent
court of arbitration, of the courts of first
instance and of the commissions OF In
uuiry, but may be changed by the court OF
commission of inquiry especially constl-
tuted to try any question upon the appn-
cation of any party at the first session
after its constitution or by the judges dur
ing any case on their own initiative.
Article VIII. If a court of The Hague
tribunal or a commission OF inquiry snail
not be constituted by the methods pro
clerk of The Hague court shall summon,
by lot, a sufficient number of the MEM
bers of the highest court or the nations
signatory Of this treaty, not of the parties
to the action. from whom the court or
commission shall be completed by such
method as may be prescribed by the court
In making the members of the highest
court of the nation eligible for duty on the
international court and commission OF In
ouiry. 1t is intended that only those who
are actively judging in their own nation
shall be eligible to judge between nations
Denunciation Of the Treaty.
Article TX. Denunciation of the treaty
OF The Hague by nation shall remove it's
judges from the international courts. and
therefore the high contracting parties agree
that neither OF them shall denounce the
treaty of The Hague while this present
treaty remains operative. And the perma-
nent court OF arbitration provided Tor by
the treaty of The Hague, and such other
courts as are hereby or may hereafter be
created by the signatory powers, shall have
and exercise the jurisdiction created by the