New-York tribune., 1907-10-17
HIGH COURT SHELVED.
DEMAND FOR EQUALITY.
South american action at The
Hague-Summay Of Work.

The Hague Oct. 16.-The ninth plenary sit
ting Of the peace conference opened to-day amid
considerable excitement. due TO the attitude Of
the majority of the Latin American delegates
over the phrase which was suppressed in Arti-
Gle ! Of the project for the establishment Of
high court Of justice. James Brown Scott
(Amerca) explained that the words setting
forth that the court should be based on the
juridical equality of the states" We're inserted
by mistake in the report submitted to the COM
mittee on arbitration, and that the mistake,
which he regretted could not change the stua-
ton as all the provisions regarding the alot-
nlent Of judges and the constitution of the court
having been suppressed the governments were
left free in their decisions the subject.
Notwithstanding Mr. Scott's explanation,
Sefor Esteva said:
ThesNexican delegation thinks it necessary to
state that its vote. which is favorable the
project, must be understood to be so in the
of future negotiations among the govern
ments, which must be guided by the principle
Of the equality of the states. for which this
delegation struggled This is principle which
must not be violated. but must be respected
the basis OF the election of the judges and the
organization of the court.
Dr Barboza made the following statement for
Brazil:
We continue 10 vote in favor of the project
but under the formal, absolute condition that
the negotiations among the governments SfaH
be conducted on the basis and true TO the prln-
ciple OF the juridical equality Of the states
There were thirty-eight votes in favor of the
proposal for the establishment of the high court.
Six countries-Beigum, Denmark. Greece, Ru-
mania, Switzerland and Uruguay-abstained
from voting and the same reserve as made by
Mexico and Brazil recorded by Rumanla,
Greece Colombia. Salvador. Persia, Guatemala,
Havti Venezuela, san Domingo, Paraguay
China BOLIVIA and Mica
ragua
The report Of Baron Guiaume CBelgium) on
the declaration of Count Tornelli Qtaly) re
sarding obligatory arbitration was adopted
unanimously with several reserves, including
the United States and Japan. David J. Hill
(America) saving that the United States would
not depart from her traditional policy OF hoii-
interference in the affairs Of other states
The next subject taken UP by the conference
49,. +te ,ronosal of General Horace Porter
,Ar,erica) on the subject of the collection or
contrac+,,al debts The proposal was approved
nv tbIrtv-nine votes with five abstentions' Bel
giuro Sweden. Rumania Switzerland and Nenez-
uela. and twelve American governments making
reservations The importance of the American
uroposal lies more in the principle which it
establishes than in its practical application
which may seldom occur.
There was great applause in the conference
when the head or tne GERMAN utltSelAlolI' 1oSAOAl
Marshall Won Bieberstein, praised the personal
efforts OF NJ Bourgeois (France), president OF
The arbitration committee of the conference,
and also the work which NJ. Bourgeois did as
president of the committee.
Baron d'Estournelles de Constant France)
then proposed that all the countries represented
at the conference contribute materials and works
Of art to the Palace of Peace, which was adopted
by reclamation.
The final session Of the peace conference will
be held on Saturday next. The thirteen conven-
tons agreed on by the conference are as follows:
The peaceful regulation Of international con-
1iicts; a international prize court; regula-
tiOn OF the rights and duties of neutralS
land; regulation Of the rights and duties Of
neutrals at sea; rules for laying submarine
mines; the bOmbardElent of towns from the
sea: the collection Of contractual debts; the
transformation Of merchantmen into warships;
the treatment OF captured crews; the inViolabi
ity Of fishing boats; the nviolability of the pos
tai service; the applications Of the Geneva Con-
vention and the Red Cross to sea warfare, and
laws and customs regulating land warfare
In addition the conference has concluded the
following declarations and resolutions:
That balloons shall not be used for the throw
ing of explosives; a recommendation in favor Of
obligatory arbitration; a recommendation
garding the establishment of a high court Of
justice; resolution concerning the limitation
OF armaments: the convocation Of the third con-
ference; the prohibition of unnecessarily cruel
bullets in warfare. and the cooperation Of all
countries in the building Of the Palace of Peace.
II is asserted also that before the convocation
Of a third conference Germany. Austria-Hun-
gary and Great Britain VIII insist, in view Of
the experience gained at this conference. that
the small states be excluded, but there is moth
ing TO Justify such statement. Indeed. a ma
3orlty of The delegates are Of the opinion that II
will be impossible TO return again to an arbi
trary division OF the countries as at the frs,
conference