Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1908-04-02
UNJUST DECISION.

This decision is declared by the
state department to abound in error
of law ami fact and to exhibit a tone
which is non judicial in character. It
is pointed out that all authorities on
| international law are agreed that In
certain cases the awards of tribunals
OF arbitration may be impeached and
! rehearings obtained.
! The controversy between Venezuela
and the United States and Venezuela
company, a new Jersey corporation,
which is commonly known as the
| Critchleld claim, presents a variation
to the monotony Of revoked conces-
sions involved in the other cases
! This is company according to the
state department. which obtained
concession to mine and export as
phalt. build n railroad etc, and
which entered enthusiastically into
the work of that enterprise. The con-
tract with the company, which Presi-
dent Castro himself entered into.
stipulated that only certain duties
and taxes would be imposed by the
| government on the exports and i'm
ports of the company. The claim
arises from the fact that after the
company had expended $500. 900 in
| improvements in Venezuela and had
completed its preparations to export
asphalt, the duties and taxes were
greatly increased. The company re-
fused to go into the Venezuelan
courts ana appealed directly 10 the
state department. 1t is admitted that
the case IS plainly within the rule
which forbids diplomatic action until
tn" ordinary means Of judicial relief
nave been exhausted. but in justifca.
ZION OF the demand for arbitration
there is quoted the saying of Score
tary Fish: 1t is useless to attempt
to exhaust justice in country where
there is no justice to exhaust"
A STILL WORSE CASE.
Intricate as may seen, the comnl;ca
tons Of the four preceding cases they
are crystal when compared tn the
muddle of concessions, revocations.
titles under varying laws and intrigue.
revolution and Imprisonment and death
all OF which are interviewer II, the case
of the claim against Venezuela OF tho
New York and Bermudez company.
The company is now completely dis
Possessed OF what is regarded as the
largest asphalt lake In the world. and
has been condemned by Venezuelan
courts to pay that government a fine
OF $5,oOO,000 for melting revolution.
Though repeatedly requested. Venez-
uela has refused 10 arbitrate this case.
end II is the opinion of the solicitor
that II is inadvisable to consider II
further through - ordinary chan.
nels. AN impasse has been reached
in this case he says. which cannot
ho resolved by ordinary peaceful meth
obs"
The troubles Of this company seem 10
have begun from the moment Iforatlo
r. Hamilton, an American. obtained a
25-year concession to exploit the nat
ural resources of the State Of Bermu
deg, September 10, $50. The first mis-
take seems TO have been the n,isplac-
ing OF decimal point by surveyor
This mistake located the asphalt lake
$50 meters above the sea, instead OF
lS0 metres. 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 forciblv
seized the property and placed II in
the hands OF receiver who had for
merlN managed the 'company's inter-
ests and later became It's enemy The
most recent action of that government
was to declare the receivership ended
the property coniscated and the COM
pany fined In the amount stated
The ramifications of this case are
gone into detail In an exhaustive re-
port by Mr. Calhounk. a special com.
} missioner.