New-York tribune., 1908-12-16
NO CASE FOR HONDURAS
COUNSEL SO DECIDES.
Opinions on It's Charges Brought
4 gQinst Guatemala.


opinions the charges brought against the latter
by the government of Honduras before the Cen
! traI American Court OF Justice at Carriage costa
Rlca. II is the first case Of international imPor-
tcnce 20 come before this tribunal which u as Gre
ated by treatv at the Central American Peace Con-
ference at Washington The retention OF Anneri-
can counsel by of these republics for OPINIONS
on their tnterreIattons is an innovation and the
{ eninence of the authors OF the opinions adds 10
! their importance and interest.
The lawyers agree that the claims made by Hon
duras. that Guatemala had violated the neuIrallg
laws by permitting in its territory the formation OF
a revolutionary movement against the sister re-
! public are not based on sound foundation, and
they exculpate the government of Guatemala me
opinions will be made part Of the court records
simultaneously with the rendering Of these leeaI
views Guatemala publishes here its defence IN the
case on which decision is expected IN January.
In this document Guatemala declares that there
is not cited by 3ssonduras single fact 10 prove
participation in the revolutionary movement
GUATEMALA MAKES DEFENCE
! In protesting its absolute neutrality Guatemala
asserts.
Guatemala preserved absolute neHtraIty -ia IN
kept from violating 10y its own h3nor anu ,E ~ and
bind UP the bloody wounds inflicted by this same
6f General Manuel Bonila the revolutionary torch
was reighted and war and death were earned 10
/ The Ian government follows and 1I main
affairs OF the other Central American c3aI.LI, @ rs
!
vasion using force against force when aLlaheo, ,1t
As natural consequence Of these facts OF PUBIC pubic
m son SONS e btb q cur T o tSe %trI+ 70 object to these
! measures OF defence which it has been thought
| And. Notwithstanding the clear evidence 2f The
danger against the public tTanQIillity WnLcn tne
the positive BENEFITS which the government OF Cen
esI nsya would rsaP fro from t {9s 9c5 has 81 beeI e made
| cannot cite a Single Fionduran Immigrant who has
passed the frontier.
! To the first Of the many charges brought BY Hon
duras that Salvador and Guatemala had shown
/ marked prejudice against their neighbor, Euate-
/ rsla says IN reply.
esE f governnent Of HoRduras makes the state
nent {hat the g2yernngnt 81 e9a[e {, nq base eT
the former deemed II in league with Ncaraga ana
enemies General Davta himself confesses, through
! fj5e Iar9an5 that IEz dipiomatlc relations with
Guatemala were correct in form, and aIthough ne
81 nc .lGysr22e1t g Of SsfeTIaia it is a fact that
Of this and even though this Preudice had i exlst
be implied as long as the international o0ngatlons
| Surely Russia must have a great pre- Iudices
! against Janan. and the patriotic suscepuDlILty 81
/ coglrtesy exaS.ted in the relationship between
Of GqateHIala assume that the goVer2nenJ II OF Zen.
individuals held by the former as enemies These
would % @Te 10 ne ne FL l"il W6rSfd ~ an he IS At
/ riIa at the doors of Rome or Mahomet before the
Fortunately for Central America these great and
srsge ndT do We Iec@7 anv government Of Hon
! duras capable of bending down the honor and SOY
! how great or powerful he might he. The assertion
for it IS not founded on positive acts: it does not
| even deserve the honor OF. being discussed
The defence goes on to point out that the atti-
| tude OF Honduras is illogical 1T is well
known fact in Central America and in foreign
! tries that the government Of Honduras favofs and
/ protects Guatemalan Immigrants They are given
/ Official and confidential positions
Mr.. CHOATE's OPINION.
NJ Choate in his opinion of the case calls at
! tention TO Article ] Of the Treaty Of Washington.
which provides for the submission of controversies
70 the Central American Court of Justice ony in
case the respective departments Of foreign afalrs
should not be able to reach understanding He
| adds that the complaint Of Honduras is not well
founded in form and Is not sufficient under Article
OF the treaty to give the Jurisdiction Of the
case Mr Choate, referring to the charge Of preJu-
dice. says.
The ars charge is hat hat. t5e t5s SQgsTRsqJs rag & 9t
! dice against the government established In Hon
si; u-5qs 5, - tR oTert9rov5 of General Manuel
Bonilla- do not understand that upon any prig5 g
prejudice by one government against another is
ae @ e se n{ernattona1 Court Of Justice T6ere
are many and frequent manifest tors Of pre- udlce
most inevitable in the nature of things The
nations grast and small entertain such prejldlces
in 10 overt acts nay be matter for aiPl29 tlf
amounts 10 ANYTHING as the founda5Lon OF me ~
Created the Central American Court do not IN.
| Se~sta1d any fact to be alleged in this charge Of
/ conduct the part Of Guaten-ala preJudlclal 70
( Honduras. growing out Of any such prejudice and
> litigation in the court TO be frivolous one
He says in part about the fourth charge.
The right Of asylum is 4 universal right vested
N eyer$ Patlon ana 5 0e5ag'e m laI ot sl s1s
/ right L cannot. Of course be used means Of
hostile conduct but any violation Of the right that
charge does not set forth any such Thing.
After review Of the case on the charges dis
! cIssad NJ. Choate says that there is nothing 70
show that any person within the territory Of Qua
-ernara Initiated or fostered revolutionary move
n1ents against Honduras Fe says also that he be
! leves that costs should follow the judgmenr and
be awarded TO the successful party.
MERITS OF THE CASE
In reply TO a request for an expression e his
views as to general merits OF the case. he
Perhaps II would hardly be becoming. pending
the judgment OF tne court Lol me 10 80 ~ cp-L
! ion IN answer 70 such a general inquiry Inc eFl-
/ derce presented BY the government OF HonduI as
| that which has been submitted oy Qua lenlaIar eN
/ cepJ the instructive answers OF the various
/ dent in CIuateuaI4. ard statement Of the sub
/ stance Of the tWeHty-eight exhibits put IN eE1-
| give an opinion on the merits Of the case with
/ out full examination OF the evidence present ed
( [ have read with great pleasure and t1teTes- i4e
statements Of Minister BarTi2s OF J1ly - ana Jaly
( IN the caze q senior Saazar which. so far
can Judge without critical examination Of the evi-
I n1aIa against The charges "ficn : nave an taal
set forth in m opinion. 70 was not called upon TO
/ q q