New-York tribune., 1907-07-10
DRAFTING CONVENTION.
arbitration York at The Hague
The american Motion.

The Hague July 9-The subcommittee 20
which was referred the subjects of arbitration
and commissions of inquiry had e long session
to-day. under the presidency OF NJ Bourgeois
France).
NJ. Martens Russia) speaking in support of
commissions Of inquiry in the cases of minor
disputes. said he believed that these commits
sions had fourished the best OF all the trees
planted at the time of the first conference. The
general trend Of the speeches appeared to favor
maintaining the optional character of the con-
vention Of 1899 on this subject. a special com
mittee was appointed to draft a new convention
based on that OF 1899, but modified in accord
ance with the desires Of the delegates TO the
present conference. James Brown Scott repre-
sented the United States before the sub-comnit-
tee.
The American proposal for the arbitration of
disputes is as follows:
Frst-The submission of differences regarding,
the Interpretation of treaties, affecting the in
dependence or honor Of the parties involved or the
interests Of other states. to the permanent court
Of arbitration
second-Each party 10 decide whether the differ
encss affect its Independence or honor
Third-In every arising the parties shall
oraIt q protocol outlining the arbters' powers and
the procedure.
The fourth and fifth clauses provide for keep
ing the records of the court, and allow state
10 Withdraw from the convention on giving
years notice OF its intention to do so.
The American proposal regarding the estab-
lishment OF a permanent court of arbitration at
The Hague is as follows:
Article THE permanent court of arbitration is
enjoying the highest moral consideration and OF
acknowledged competence in questions of inter
national law. They and their successors will be
appointed according to rules established by this
conference, but they will also be chosen by the
different countries IN order that the different sys
TENS OF law and procedure IN the principal Ian
guages Of the world Will be suitably represented
in the personnel OF the court. Judges be ap-
pointed for - years 0he number OF years left
blank. or until their successors are appointed.
Article The permanent court will sit at The
Hague. It viii elect its officers and. except
so far as Is prescribed in this convention, IT will
establish its own rules. All decisions to be
taken by q majority vote, nine members TO compose
a quorum. The judges 10 be Of equal rank.
They shall enjoy diplomatic immunity and receive
q sufficient appanage TO put them in position
devote themselves to the affairs brought before
them.
Article 3-In no case unless the parties expressly
consent thereto can judge participate in the
sideration or decision OF matter brought before
the court IN which his country is concerned.
Article 4-The permanent court shall be compe-
tent TO take cogniZance determine all cases
regarding differences an international character
between sovereign states which could settled
through diplomacy. These cases can be submitted
according to agreement between the parties either
concerning their origin. TO be reconsldered or
revised or 10 determine the relative rights and
duties or obligations arising of DEGREES. deci
slons or sentences OF commissions OF inquiry
arbitration tribunals especially constituted.
Article Judges OF the court shall be competent
TO act as judges IN any commission Of inquiry or
special arbitration tribunal which may be consti-
ruted by any power for the consideration Of any
matter which may be especially submitted. and
which must be determined by said
Article 6-The present permanent court OF arbi-
tration may, go far as possible, contribute TO the
formation of the basis OF the court, taking
into the account the representation Of the powers
who recently signed the convention OF 1899
Among the proposals distributed to the dele
gates to-day the presented by the
United States concerning the use OF explosive
bullets, which was widely discussed at the
last conference. This proposal says:
The employment OF bullets which inflict unnec-
essartly cruel wounds. such explosive bullets
which exceed the necessary limit for putting
Immediately out OF action. should be prohibited.
The American. British, Russian. Dutch and
Spanish delegations to-day conferred regarding
the bombardment OF unfortifed towns. They
all withdrew their proposals on the subject. and
empowered Count TornielH QtaIy) 10 draft
motion embracing the American views.