The sun. [volume] (New York [N.Y.]) 1833-1916, 1907-08-30
Obligatory Arbitration OF Certain
Questions Proposed.


Experience has shown that a pcrma-
nent international court of arbitration has
little TO do when the submission Of a con-
troversy to that tribunal depends on the
assent of both parties. But for the ini-
tiative taken by the United States in in
sisting upon the reference 3 il Of an
important matter the court established
in 1899 at The Hague would by this time
have been a laughing stock and would
have discouraged the present conference
from an attempt to create a more impos-
ing body. As it is, the representatives of
Austria on August 20 presented a resolu-
ton which If adopted would have re-
suited practically in poetponing the
question Of compulsory arbitration for
an indefinite period. Accepted it would
have been had not General PORTER
fastened t. put forward an alternative
proposal explicitly defining such minor
disputes as, without prejudice to the
national honor or vital interests Of any
State concerned, might be made the
subjects OF obligatory submission to
arbitrators.
The list Of matters suggested an falling
properly within the definition includes
differences regarding the Interpretation
Of stipulations in customs taSifs; the
measurement Of ships, with regard to
which diverse usages prevail; the extent
to which foreigners may be considered
as citizens with respect to taxation, and
also the concession to foreigners OF a
right to buy and possess real estate. If
this category of subjects necessarily
arbitrable should meet with the approval
of the conference it would obviously be
impossible for Germany and the United
States to 20 to war over the construction
of our custom house regulations, or for
hostilities to break out between Japan
and a European Power" because the
former country does not permit foreign
ers to own real estate In fee, although in
practice the prohibition is evaded by
mean OF long leases.
The list Of arbitrable questions COM
piled by General PORTER likewise covers
differences regarding the interpretation
and application Of conventions for the
international protection of laborers; con-
corning international railways, meansto
prevent collisions at sea, literary and
artistic copyright, rules of commercial
and industrial companies with reference
to the employment of workmen, weights
and measures, the reciprocal bestowal
of gratuitous assistance upon poor pa
tients, conventions regarding boards of
health, international and private law, and
civil and penal procedure. This cata-
logue embraces, further, disputesregard-
ing the amount Of ~pecuniary claims for
damages when the principle Of indemnity
is admitted by the parties to the contro-
versy. 1t is patent that il all the matters
here named were made by international
agreement subjects of obligatory arbi-
tration no wal could possibly have arisen
between the United States and Italy
about the lynching Of Italians in New
Orleans, or could arise between the
United States and Japan about the treat
ment of Japanese laborers or shop own
ers in San Francisco-unless, indeed. the
decision rendered by the arbitrators
should be disregarded by the party Rd-
judged, delinquent.
A il is difficult to foresee just what "a
particular Power may look upon as in
volving its national honor or vital inter-
ests. General PoRTER's list, OF course,
will receive rigorous scrutiny. and il may
we'll happen that some Of the matters