New-York tribune., 1908-02-03
FISHERIES QUESTION.
Processes Employed at The Hague
Clearing House.
London. January %

without friction Jar. since every cog or wb..,
has been oiled and readjusted. and Their. b,
been experience in operating II various o.
casions. In view OF the meagre results os N.
prolonged session Of the congress OF last vs.-
II is fortunate that there is work 20 be DON. h
! the arbitration court.
| The fisheries case. which Is 20 be subr1ttts1 ~
the two powers responsible for the establisn,n.,.
of the permanent tribunal at The Hague Win
be a fresh proof Of the utility Of the nsechan,,--
for disposing Of troublesome International "a,
troversies and promoting good feeling IN ~.
world. While the suggestion is prepostsrous tb,,
America and England would ever have com. .,
blows dry and technical a questto, =,
the Interpretation of antiquated treaty y
remains true that IL was inconvenient ard ~,
neighborIy TO have any dispute eutstand,,,
especially when the colonial authorities Of Nsr.
foundIand were clamorins for the right o. .s-.
Ting il in their own way. Not only has zood
example been set in referring TO the arbitra.;o,
tribunal matter which has been the suhisc,
of diplomatic negotiations for many decades br-
an important service has also been rendered "a
the cause of rational peace by an appeal 2,
the court so after the failure OF the m
managea BILE congress Diplomacy over annbi~.
nous treaty rights ends in interninable tan.
gle Arbitration cuts through the knot.
While the two governments are now ernplovs.
in the preparation of the fisheries case il i,
interesting 70 note the facility with which tia
mechanism at The Hague can be brought int,
use The diplomatic corps. representing the
powers which have signed the general conven-
tfon OF 1899 is organized administering.
council and has on file list Of Judges or arb.
traitors appointed by the various governments
As the convention of last year has not yet be-
come operative, the procedure is regulated BY
the original treaty
The American and British governments VIII
apply to the international bureau at The Hazu.
for arbitration The subject of the arbitraroa
will be defined clearly in a special act or com.
prornis" signed by representatives Of the txs
powers The scope Of the arbitration win aso
be indicated. and if agreement be reached IN
advance the names Of the arbitrators or Judge.
will be designated. The bureau viii place fs
staff and rooms at the service Of the two
powers. and the tribunal Of arbitration viii as
senble on the date arranged The procedurs
in the Venezuelan preferential claims and other
arbitrations will be repeated The practice
is now strictly regulated by the precedents
established under the supervision Of the admin
istrative council Experience facilitates the
processes
Whenever there Is a failure the part o,
the powers applying for arbitration to agres
upon the composition OF the court the pro-
cedure is regulated by the general treaty Of
1890 Each contestant can appoint two arbitrs-
tors who may be empowered TO choose an um-
pire If the votes are divided the umpire
be selected by third power, appointed by con-
mon consent If there be another failure to
bring about an agreement each contestant can
name a power. the umpire 70 be chosen BY tUo
neutral governments. The umpire when ap-
Dointed in this way becomes the presiding officer
or the tribunal If the arbitratOrs are agreed
upon in advance without recourse 70 the friend
iv services of outside powers they VIII appoint
their own president and organize the tribunal
This is the procedure which will probably Be
adonted I'm the Newfoundland arbitration. as
there is a mutual desire on the part or ns
American and British governments 10 nave tas
controversy settled with as little forHality as
possible The court. when organized. Is a iaT
unto itself and there can be no interferencs
from the administrative council WIN us nietH'1
o. hearing argument and deciding the case
The permanent tribunal has been creaIec nY
the signatory powers and the diplomatlc e'l9'
ar The Hague has arranged the preliminary ae-
tails and set the preCedents in spirit OF nulla
accommodation and good will IL has increase3
the DIPLOMATIC Importance OF the Dutcn capi'a-
and the members of the resident corps laA'
serious view Of every process and forrnuia Gun
nected with IL So also do the senerai secrsA-,
,,5 tho other officials OF the internauonai
bureau Srsceptibilities were perhaps unnsces-
sarilv wounded IN the preliminary procseoi"s.
of the Venezuelan arbitration when points =,
eriouette were overlooked by eminent CouH'''
and the wishes OF the resident dlpionla'i0 . 80
were disregarded Fussiness on the part u - -
local officials and resident ministers j. La la
vben so much tact has been required for se'lA1'
tho rrecedents and ordering the preillnlnalS
rangements OF unique internatlona4 ''i0u"-
and counsel presenting the cases or each s 7
a,,,sn+ naad 70 be cautious. tolerant anu s'O'
natured in their relations with the aollilis-.
tive council ,,r, ia
II is unfortunate that David Jayns HiH -
exnerienced American Minister AT 1H7 -
owing To his prospective promotion 70 d
ufu NOT he there when the Arbitration ~, ~.
= o-e,anized since he has mastered the ue.-
of a complex subject and knows every 'l
etiquette in a punctilious ana sehSit' .-',,,srt
.. manners The court moral ihs'.-A- i.s
of civilization. created III a spirit OF eIi-e
selr-interest by the powers. conln'ailNS 80
sDsct OF ALL disinterested friends Of peace .~,s
flesh anpeaI TO il by influential powers s,-s
y, increase its utility and importance
,ha, ba1ns 10 discredit it 10 impair - -,
+boritv is a serious loss 70 ctvlIza''"- I'D
natural clearing house for tahslsu vs.
cornpIex interests of diplomacy
pepusltcAN CLUB RECEPTION
-rta Republican club Of the 2sth AsSe,,D- .,-sr-
ard