New-York tribune., 1907-08-27
TERMS OF ARBITRATION
NEW .ATERIC4N NOTION.
list Of Obligatory CGses-Aust'ian
Pro DOsci Blocked.

Tne Hague. Aug. 26.-Tae question OF obliga-
tory arbitration entered to-day on a definite
rhase as result Of the new American proposal
which was worked out. drafted and presented
bv General Horace Porter. Of the American
delegation, to the peace conference and ap-
uroved by Washington. Except fer this Arne-i-
san move. the austrian proposal. also presented
to-day. which practically postpones the ques-
ton, would certainly have been adopted.
The first two articles C the new proposal are
the same as those IN the original draft which
Tas presented on July g These provide that
lhe permanent court Of arbitration is 20 be con-
stituted and composed OF fifteen judges chosen
by the different countries, TO serve for --
years Uhe number OF years left blanl1). until
their successors are appointed. that the court
TO sit at The Hague. that II is TO establish its
own rules and that all decisions TO be taken
by majority vote, nine members TO compose
quorum.
The new third article covers the following
cases: The differences regarding the interpre-
tation Of the stipulations in the matter Of GUS
tariffs. the measurement Of ships, the con-
sidera1ion Of foreigners citizens as far as
taxation is concerned and the right Of foreign
ers 10 buy and possess property, as well as the
differences regarding the Interpretation and the
application OF the following conventions: For
the International protection Of workers, concern
ing railways means to prevent collisions at sea-
literary and artistic copyright, rules Of CONNER
cial and industrial companies, weights and
measures. reciprocal free assistance for poor
patients the conventions regarding boards of
health. international and private law, and civil
and penal procedures This article covers also
the differences regarding pecuniary claims for
damages when the principle OF indemnity is ad-
mitted by the parties concerned
Article in the original draft becomes Article
IN the new draft, and recites that in no case.
unless the parties expressly consent thereto. can
fudge participate in the consideration or de-
cision Of a matter brought before the court in
which his own country is concerned
By the fifth article Il IS understood that the
etipulations admitting obligatory arbitration
der special conditions in treaties already con-
cluded or 10 be concluded remain in force.
The sixth article says that the provisions Of
Article cannot in any case be claimed in
cases Of the Interpretation and application Of
eytra-territorial rights.
Article Of the original draft which says
that the court shall be competent 10 take cog
rizance Of and determine all cases regarding
diNyrerces Of an international character be
tween sovereign states which cannot be settled
through diplomacy. becomes Article in the
new draft. and Article Of the original draft
which says that the present permanent court
Of s-bit-eIion may. far possible, contribute
- the formation OF the basis Of the new court
becomes with the addition Of minor details
Article Of the draft
II is supposed that the Austrian proposal was
made in behalf Of Germany after the receipt OF
instructions by Herr Kriege. Of the German del
eza-ior who went 10 Berlin three days ago to
receive them.