The morning journal-courier., 1908-04-01
Declines Arbitration.

The reply of Minister Russell to this cablegram is the final paper in the mass of correspondence relating to the whole subject of the efforts of the United states government to secure an amicable adjustment of the claims. Mir Russell's cablegram, sent from Wlllcmstad February %, 1908, Is as follows
 The Venezuelan government an- swercd to-day my note sent in ac- eordance with your cablegram of in- 1 Structions of February IS, Minister of foreign affairs states that Vcne2ue- [ la refrains from considering for the present the question of arbitration be- cause have not as yet refuted the ar- guments in notes of July 2 and Sep l tembcr 70 in which notes Venezuela plainly stated the grounds for refus- I ing ta athitratc." The note concludes as follows:
 Consequently as the cases tefcrrnd i to cannot be considered as being com- i pflaed among those which call for dip i lomatic action, the governmental Nen- ezucla would view t with satisfaction ! would consider this question as elosal i the parties interested always havip" ! the right of recourse 10 the tribunals of justice of the republic should theS deem ht,"
 \ memorandum by solicitor Scott ot l tho state department, gives exhaustive I lv the facts and law In each or the live l subjects ef disnutc between the Ameri- l can and Venezuelan governments, Tb's I memoranda. which occupies nearly 20l printed pages. forms a part Of the vol umnous record cf tho five cases whirl Secretary Root transmitted to the scn- ate in response to n resolution of Sen. atof Lodge,
 Says Commissioner scott. "Fhc con troyergy between Venezuela and tht I United Suites and tho Venezuela conn pnny. q now Jorsev corporation, Whirf is commonly known as the Critchficf claim presents T variation 10 the mon. otonN of revoked concessions involved ln tho other cases This Is com, pany, according to tho state depart mnnt which obtained Q concession tC mine and oNpprt asphalt build a rnll. road, ctc., and which entered cnthusi Bstically into the work ot that enter nrlsc Tile contract with ihe eomnanY which President Castro himself entcrc, Into, stipulated that only certain dutio' and taxes would he imposed by tho gov. crnmeni Gn he experts and imports Y the cOmpAny.
 No Such Thing as Justice.
 "rhe claim arises from the fact Una after the company had expended 5000 0dn iii Improvements In Venezuela Ant had completed itg preparations to eX port asphalt the duticu and taSrs wert greatly increased. The company retns ed to go Into the Venezuelan court and appealed directly 10 the stpte dc pnrtmcnl II is admitted that the casr is plainly wilhin tho rule which forbid diplomatic action uniil tnc ordinar' Iaoans of judicial rcicf have been e% hanstcd but in justification of the de mand for arbitration there iS quoted ih' saving of Secretary Fish "tt is nse less to attempt to exhaust iugtlco In country where there Is no Justice C exhaust
 "1ntlirate ns may seem the compl catlons of Inc four preceding rasc they are crystal when compared tu th' mlddlc of concession on concession, rp vocation oil revocation, mining titles wild land titles and titles under chung ing conditions and varying laws. in trguc revolution imprlsnnmont ana death, all of which are woven and tn terWovon in thc case of thc clnia against Venezuela of the New York am Bermude2 company The company i noi completely dippoesrssed Of Yhu ts now regarded the largest asnhul inkc ln inc w5>ld md hns been con demned by Venezuelan courts to pa. that government Il inc of S5,o00,0Oo fo melting 10 revolution, Though re nonttdly requested, Venezuela hna re fused to arbtratc thls ense. and fl 1 tho opninn Of the solicitor that if 1 inadvlsablc to re-submlt the cair through tho ordinary channels. "N intpasse has bccn reached in thiB case, he savs, "which cannot be resolved b gV,IlnatsV Etttntq n