New-York tribune., 1907-10-08
ARBITRATION VICTORY.
OBLIGATORY Plan VOTED.
An AngJo-American Tr3umph-A
Central american Scandal.

The Hague oct the approval at this
evenings session of the committee arbitra-
ton OF the Anglo American scheme for obliga-
tory arbitration referred to in the course of the
debates the permanent international high
court Of justice, the court of arbitral Justice
obligatory arbitration and universal arbitration
is regarded as great victory, especially for the
United States. The first proposal on this sub
ject was presented TO the conference on July 8
by the American delegation, and Joseph H
Choate, the first American representative has
labored increasingly for its acceptance
The measure was approved by a majority
greater than was hoped for. It is essentially
American and its basis-the enunciation OF the
idea Of compulsory arbitration-was taken bod
lily from the American proposal The vote to-
day, 81 ayes TO noes, the countries in opposi-
ton being Germany, Austria-Hungary, Switz-
erland. Belgium, Rumania, Greece, Turkey, Bull
garta and Montenegro, proved that, as NJ. Re
nault Grance) said in the discussion this after
noon, arbitration is not a strange beast that
must be nluzzled"
Another great success for s nerca was the
unaninity with which all the countries of the
American continent stood firmly at the side of
the United States. thus putting an end to the
impression Of lack of harmony between the gov
ernments Of the Western Hemisphere created
by reports OF recent dissensions. Only Sefior
Barra CMexico) announced that he would vote
against article OF the measure his govern
rnent being Of the opinion that it restricts the
action of the national courts. DR.. Barboza
CBraziD and DR.. Drago (Argentine) made SINH
lar declarations.
GERMANY FAILS TO GAIN VOTES.
The compactness of Latin America was more
noticeable to-day inasmuch it is known that
Germany exercised strong pressure to get sup
port from some South American countries. All
the combined efforts from Berlin on the different
governments at their capitals and from Baron
Marschal Won Bieberstein, the head of the Ger
man delegation. the delegates here. had only
tire effect Of inducing Austria Hungary to vote
against the measure and Italy to abstain from
voting. but the triple alliance sufficiently ex.
plains this
Outside Of the triple alliance, Germany made
headway only because she did not accept Cen
eral Horace Porter's proposal regarding the
collection OF contractual debts which is mat
ter connected with the scheme Of obligatory
arbitration. Thus Switzerland. a country which
cannot lombard the ports Of any American
debtor country is the only power which refuses
TO adhere 10 the doctrine forbidding the
employment of force for the collection of private
pecuniary debts
At the afternoon sitting of the committee Herr
Mercy Won Kapos-NIere CAustro-Hungary)
ton that il was useless to conclude treaties with
the United States, as the American Senate might
refuse 10 ratify them, but he received from
James Brown Scott, Of the American delegation.
lesson which he will remember for a long time
The Austro- Hungarian delegate said that con-
traTy 70 NJ Renaults assertion al the sitting of
last Saturday, the conditions in the United
States in the matter OF arranging treaties were
not analogous to those in any other state
II Is not question of good faith which is
out of discussion" said Herr Mercy Won Kapos-
Mere but the government of the United States
aIter concluding treaty with Austria Hun
gary in 19a<. did not ratify it. explaining that
the American Senate had imposed a condition
that ratification would compromise namely a
special agreement 10 be submitted TO the Senate
This is an obstacle against which not only the
Peace conference but even the American gov
ernment is powerless."
TART REPLY FROM MR.. SCOTT.
Mr.. Scott then arose and said, with irony:
am touched with the lesson on American
constitutional law which the delegate from
Austrla.Hungary has given me. The question
OF raHncauon ana compromise belongs solely
70 the constitutional law of the United States
II is different from international law, whether
the compromise be by sovereigns or by legisla-
tive bodies or by both. foreign government
looks not 70 the process but to the completed
act, and ii has no right to discuss examine
GUIDED It is the result, not the process which
IS important They say the United States can
not conclude a compromise.
My reply is that the American government
has concluded a compromise in the very cases
submitted TO the Hague tribunal Upon COM
promise made by the United States cases were
won by America If the United States reserves
the right TO submit a compromise to the Senate
and mentions this fact, II is merely because she
wishes to explain the delay which may be
caused by such action. European states insist
that they are bound TO make their compromise,
as most Of them do without recourse to the
legislative body and in thus concluding they are
bound by the treaty. whereas the United States
is not.
The reply to the comment is that the United
States as well foreign governments is bound
70 make compromise in the result Of the preVi-
Gus diplomatic negotiations until both govern
.Aents nave agreed on a compromise. The Aus
tro-Hungarian representative says that the
treaty OF 1904 was not ratified because of the
impossbty of the United States concluding a
compromise. Consequently the present discus
SION Is academic 1 challenge Herr Merry Won
hapos-Mere to cite q single case in which the
United States being bound TO make a compro-
mise, did not make il.
The Austro-Hungarian delegate. although dis
concerted by this vigorous answer. arose and
said he found Mr.. Scott's explanations INSULT
cient because they failed to demonstrate why
the United States had failed to ratify the treaty
o. 1904. and why the American Senate reserved
lis ratification of the compromise
Er. Scott calmly answered.
have only one reply to make The policy of
tne United States is not a subject for discussion
at an international conference
Hearty applause greeted this short phrase,
and il made the position of the Austro- Hun
garian delegate so embarrassing that he said
nothing
According TO a confidential communication
from N. Bourgeois France) to some of the