New-York tribune., 1907-10-11
HIGH COURT OF JUSTICE
Report adopted Nearly Unani-
mously by Committee at Hague.

The Hague. Oct 1O.-The first part Of the
proposition of Professor de Martens Russia).
suggesting a plan for obligatory arbitration
in the form Of an additional act Of the conven-
ton. was rejected to-day by the committee on
arbitration whereupon the professor withdrew
his whole proposition.
NJ. Bourgeois France who presided at the
meeting Of the committee. proposed the ap
pointment of special committee TO draft a
declaration. which the conference must aD-
prove unanimously. stating that obligatory ar
bitratlon is adopted IN principle.
The report OF James Brown Scott (Americ)
on the proposed international high court OF JUS
tice was adopted by the committee by 3S 10 3
votes. three delegates being absent.
The resolution of Sir Edward Fry Great
Britain) to the effect that the governments In
stitute the court soon they have agreed
on the method by which the judges TO be
chosen was then passed almost unanimously
by the committee.
The work of the peace conference is now prac-
tically finished. The sitting tomorrow will
merely agree on the form Of q declaration re-
garding obligatory arbitration.
The commission drafting the final act OF the
conference discussed at length today whether
or not the convention concluded at this confer
ence should be open or closed. open conven-
tions are those TO which even the powers that
did not assist at the conference can later ad-
here. within a fixed period. while closed con-
ventons are limited TO the sgnatory powers
present at the convention. The commission
has not yet reached decision in this matter.
In 1890, at the first conference. the conven-
tions were closed. chiefly at the instigation of
Great Britain and italy. the former country de-
string 10 avoid the adhesion of the South Afri-
republics and the latter wanting TO prevent
the adhesion OF the Pope. This second objec-
tion still holds good while the only states not
represented at this conference are Abyssinia,
Andorra the Congo. Liberia. Morocco. Monaco
and San Marino. There is reason to believe that
1t viii be decided to leave open the convention
regarding the rules of warfare but to close the
others.
The most important part Of to-day's discus
sion concerned the theory. sustained chiefly b,,
Joseph II. Choate OF the American delegation
that, while the decisions Of the majority should
not be imposed upon the minority, the latter
should not prevent the former from applvi,g
the decisions reached. Mr.. Choate cited as ax
amples the proposals forbidding the use of
dumdum bullets and asphyxiating gases in war;
fare. Both these propositions were adopted in
1899, although they not voted unanimously
Similarly the proposition brought before the
present conference concerning the collection OF
cohtIactuai uepls "ouId nave been adopted, even
if Switzerland and a few other powers had per-
sisted in voting against il.
Notwithstanding these and other good argu-
ments, Mr.. ChOate's theory defeated by
coalition composed Of NJ. Nelldof (Russa),
NJ. de Beaufort (Netherlands), Baron Marschall
Won Bieberstein Germany and Mercy Won Ka-
pos-Mere austria Hungary, who demanded
absolute unanimity for question of such i'm
portance as obligatory arbitration. Consequently
the only hope of reaching unanlmity is In the
agreement on the declaration 10 be presented
Tomorrow, but this, TO satisfy everybody. will
have to be somewhat colorless.
Baron Marschall Bieberstein will leave
The Hague for Germany after the sitting Of to-
morrow. The next plenary meeting of the con-
ference will be on Wednesday of next week.