Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-04-01

and fact and to exhibit a tone which
| is non-judicial in character. It is point
ed out that all authorities on interna-
tional law are agreed that in certain
cases the awards of tribunals of arbttra-
ton may be impeached and rehearings
properly obtained. The claim grew out
| Of what the company regarded as an
exclusive. franchise to navigate certain
channels of the Orinoco river. The UNI
pire held that this franchise was not
exclusive. He also held that the claim
ant had contracted itself out OF its diplo-
matte remedy" which reason is declared
to be not only erroneous. but in direct
disregard Of the terms of the protocol.
| The third reason for dismissing the claim
was that no notice has been given the
Venezuelan government of the transfer
of the concession. This reason also IS
condemned by this government as bad
The Venezuela Company.
The controversy between Venezuela and
the United States and Venezuela Com
pany, a New Jersey corporation. which is
commonly known as the Critchfield claim.
presents variation to the monotony Of
revoked concessions involved in the other
cases. This Is a company. according to
1.-The State Department. which obtained
concession to mine and export asphalt.
! build a railroad, etc, and which entered
enthusiastically into the work of that
|
pany. which President Castro himself en-
| tered into, stipulated that only certain
duties and taxes would be imposed by the
! government on the exports and Imports
| Of the company. The claim arises from
the fact that after the company had ex-
pended $500. 600 in improvements In Ven
ezuela and had completed its preparations
to export asphalt. the duties and taxes
refused to go into the Venezuelan courts
| and appealed directly to the State De-
partment. 1t is admitted that the case Is
| plainly within the rule which forblds dip
lomatic action until the ordinary means or
! judicial relief have been exhausted. but in
| justification of the demand for arbitration
there Is quoted the saying of Secretary
Fish: ut is useless to attempt to exhaust
Justice in a country where there Is no
Justice to exhaust
The Worst Middle.
Intricate as may seem the complications
of the four preceding cases. they are
CRYSTAL when compared to the muddle
Of concession on concession, revocation on
| revocation mining titles. wild land titles
and titles under changing constitutions
and varying laws; intrigue, revolution,
imprisonment and death, all Of which are
| woven and interviewer in the case Of the
| claim against Venezuela of the New
York and BermudeZ Company. The COM
pany Is now completely dispossessed OF
| Wiidl ID leSdt uco do tiiS XXI o. ""t''~'~
! lake In the world and has been con-
demned by Venezuelan courts to pay that
government a fine of S5.OO0.OOO for incit-
| ing revolution. Though repeatedly re-
| quested. Venezuela has refused TO arbi-
trate this case, and 1t is the opinion of the
| solicitor that it is inadvisable to resub-
NIT the claim through the ordinary chan
nels. AN impasse has been reached In
| this case" he says. (which cannot be re-
solved by ordinary peaceful methods.
| The troubles of this country seem TO
| have begun from the moment Horatio X.
| Hamilton. an American. obtained a TWEEN
| ty-1ve-year concession to exploit the
natural resources Of the state Of Bermu-
dez September L., 1888 The first mistake
| seems to have been the misplacing OF
a decimal point by surveyor. This mis-
| take located the asphalt lake $50 meters
above the sea, instead of 1.S0 meters.
This mistake resulted in the concession
and subsequent titles being successfully
disputed in the Venezuelan courts; other
claims were established and then revoked.
| The Venezuelan government next forcibly
| seized the property and placed it in the
| hands of a receiver, who had formerly
| managed the cOmpany's interests and
| later became its enemy. The most recent
action of that government was to declare
| the receivership ended, the property con-
fscated and the company fined in the
amount stated.
The Calhoun Report.
| The ramifications of this case are gone
into in detail in an exhaustive renort nv