East Oregonian : E.O. (Pendleton, OR) 1888-current, 1908-07-29
VENENJELA'S SIDE Or AMERICAN CLAIMS

on the company by Venezuela, and 1t
Is insisted that the claims for DANA
ges on that account should be sub-
mltted to arbitration. But Venezuela
insists that these latter claims pre-
sent the same question that was in
volved in the decision Of the arbltra-
ton tribunal of 1903, to the effect
that claims arising out Of the con-
tract Of the company must be adjust
ed in the courts Of Venezuela, and
that they are not proper subject
for reference to an arbitration trl-
bunal.
The Critchfleld Claim.
The last case Is that OF the United
States and Venezuela company. COM
monty known as the Critchfield case.
This, too, is based upon a contract
with the government of Venezuela
containing the stipulation that con-
troversles arising from the contract
be settled by the Venezuelan courts.
The company has not yet appealed
to these courts.
In replying to a note from the
American minister at Caracas regard
ing the re-arbtration of claims, the
Venezuelan minister of foreign af-
fairs called attention to the following
statement contained in a note from
Secretary Hay to the government of
Salvador in reference to a request
IoNN oil
decided by arbitration to reopen:
"A failure to comply with the
award would involve a grave discour-
tesy to the eminent arbltrators who
sat in this case and serious injury
TO the cause of arbitration"
Venezuela applied the above words
of Secretary Hay to the reopenlng OF
the cases already decided by the ar
bitratlon commission of 1903.
The arbitration tribunal passed up>
on 55 American claims against the
Venezuelan government for damages
aggregating over $4,000, 900, of which
$436,45O. or less than per cent of
the sum claimed, was awarded to the
American claimants.
Further argument that the conten-
tions of Venezuela are worthy at
least of respectful hearing is con-
tended In an article published recent
ly in the North American Review,
wherein the writer practically accuses
the United States Of repudiating in.
ternational arbitration by her atti-
tude in the Venezuelan question.
by refusing to accept the award
merely because the arbltrator's view
of equity and justice is different from
that of the claimant" declares this
writer, "or different from even those
of the secretary Of state, our govern
ment takes position unworthy Of a
great nation. II an award be mani,
festly unjust, the evidence could be
referred to congress for investigation,
and II necessary, money appropriated
to satisfy the claimant Surely such
a course is far better than discredit-
ing international arbitration, as has
been done in the case now under con-
SlutTdtloH.
And the same writer says in con-
cluding his article:
Criticises Our Refusal to Accept
Award.
UNLESS fraud is alleged, the United
States should set the example of abid-
ing by the decision Of international
arbitration as at present constituted,
no matter how crude the system, and
find some other way of dealing with
a claimant who is dissatisfied with an
award than sending ultimatums to
weaker nations. Otherwise the inn
will soon prevail that inter-
arbitration is final only when
the award is satisfactory to the
stronger nation"