Evening star., 1909-02-09
|CH0KED W|THA TOWEL AGREE TO ARb|TRATE
Mrs. Eoia Buckley Beaten Into This Country and Venezuela
Unconsciousness and Robbed Reach an Understanding.
BURGLAR ENTERS HOME DIFFER AS TO METHODS
Makes Attack While Early Break Disagreement Regarding the Form
fast Is Being Prepared. Be Adopted
RIFLES PURSE AND ESCAPES ASPHALT MATTER DISPUTE
Attitude of the United States Mls
of Criminal forts to Proceedings
This Country and Venezuela
Reach an Understanding.
DIFFER AS TO METHODS
Disagreement Regarding the Form
to Be Adopted.
ASPHALT MATTER IN DISPUTE
Attitude of the United States Misin-
erpreted-Secretary Roots Eff
forts to Facilitate Proceedings.
EN WILLIAM T.. q EIIS

EY WILLIAM F.. CURTIS
Written for The Star and the Chicago Record
Herald.
The Secre AIRY OF State has heard moth
ing from Special Plenfpotcntiarv William
l. Buchanan in Venezuela for several
DAYS and does not expect 10 hear from
him again until he has something definite
TO report. He has his instructions and
is acting upon them The President and
Secretary have perfect faith in his ability
and Judgment, and also in his powers of
persua sion. which. they think, are suf-
fic;ent to bring President Gomez and
Senor Guinan, the minister Of foreign af-
fairs, to our way of thinking. All that
lies between the two countries is an hon
est difference of opinion as to the method
which shall be used to determine the JUS
tice of the claims now pending. Both
countries have already agreed to arbtrate
and it remains to be decided what form
that arbitration shall take and what ques-
tons shall he submitted.
There has been an agreement in one
case. The government of Venezuela Will
pay 5000 to A. r. Jaurett. an adventurer,
who wanted $2o,O0O damage for being eX
PEELED from the country.
The newspaper dispatches seem to moi
cate that agreement has also been
reached in three other cases, which leaves
the claim of the BermudeZ Asphalt Com
pany alone in controversy; and there Is
newspaper dispatch to the effect that an
agreement is now being arranged privately
between the representatives of that COM
pany and the Venezuelan government
but the Department of State has no In
formation on that subject The latest Off
Cial information was to the effect that
Mr.. Buchanan was insisting that the en-
tire transaction of that company, inc1ud-
ingn the charge that it had financed a
revolution against the government, should
be arbitrated
concession held by this company was
declared forfeited by the government on
the ground that the company had not COM
piled with its terms. The company. 1t is
charged. then organized revolution
which failed, and the courts of Venezuela
for that reason, imposed upon it A fine OF
S5,OoO,OW. The Department of State has
no information as to the delay in this
case. except that the United States de-
mands the arbitration of the entire con-
troVersy.
The Orinoco Corporation Case.
In the case of the OrinocO Steamship
Company there seems to be an agreement.
This case has already been arbtrated by
the Venezuelan claims commission of 1903,
but the claimants insist that its decision
was neither according to the law nor the
facts. The question now is whether that
decision shall he submitted to review.
Both countries have agreed on that point.
and if a tribunal selected from The Hague
shall say that the previous judgment was
just its word shall befinal. But If The
Hague tribunal shall find that there was
a denial of justice the case will be ar
bitra ted again on it's merits.
1t is an interesting fact that in 1868 sev-
eral claims against Venezuela, which had
been decided in favor OF the United States.
were reopened at the request of Venezuela
because of suspicion of fraud and submit
ted to an impartial tribunal a few years
later. The Judgment in several cases was
reversed and several million dollars was
saved to Venezuela.
What is known as tile Orinoco Corpora
tiOn had a concession for lands granted
by the Venezuelan government. which
former President Castro Cancelled on the
ground that the company had not COM
piled with It's terms. The company ap-
pealed to the courts of Venezuela. which
sustained Castro and decided that the for
feiture was just and according to law.
Our government requests that the enSre
case he presented on its merits to an i'm
in which neither countries shall be rep
resented. Venezuela wants to arbitrate
only the question whether there has been
a denial of justice by its courts.
The fourth cause of controversy is the
case of man named Crichfield whose
concession for a railroad and an asphalt
mine provided that the property should be
exempt from taxation. Contrary to this
agreement it was assessed, and, because
Crichfield would not pay the assessment
President Castro Cancelled the concession
and seized the property. There is no al
legation of fraud but Crichfield contends
that the seizure of his property was ar
bitrary and unjust. This case has never
been before the Venezuelan courts, which
that government claims have full jurisdic-
t1on under clause of the contract by
which Crichiield agreed to submit all
questions that might arise TO the local
impartial tribunal selected from The
Hague.
UNIFORMED Criticism.
There has been some criticism i'm the
newspapers and by public men of other
American republics who fear that the
United States is trying to coerce Vene-
.uela and establish precedents which are
hostile TO their interests
1t Is explained at the Department of
State that the attitude of the United
States toward Venezuela is misunder-
stood. Venezuela contends that the iudp-
ments Of the Venezuelan courts shall be
submitted to an international tribunal
to be hereafter appointed; that the iu-
dlclal proceedings affecting the interests
OF American claimants in Venezuela
shall be examined by that tribunal in
order 10 ascertain and determine whether
there has been any denial of Justice i'm
these proceedings. If it appears to the
tribunal that there has been a denial Of
justice Venezuela agrees to an arbitra-
tion of the cases upon their merits The
United States. OH the other hand, insists
that there shall be an arbitration of all
the questions involved in the contro
versy. to be submitted upon their merits
without regard to previous proceedings
in the Venezuelan courts. and that the
tribunal in reaching its conclusion, NAV
take into consideration. as evidence the
diplomatic correspondence concernine
these claims. the legislative acts of
Venezuela affecting them. and the jude-
ment of the Venezuelan courts regard
ing them. for such weight as the tri-
bunal shall consider them entitled to.
MI. Roots Proposition.
Mr.. Root. in presenting this PROPOSE
ton to the government of Venezuela, en-
deavored to make 1t clear that it did
not involve any sacrifice of dignity. and
that REIMBURSEMENT of the Venezuelan
contention did not involve any sacrifice
of honor. He endeavored to make it
clear that the United States government
was not coercing. In dependence
with the Venezuelan government. Secre-
tary Root called attention to the fact
that the United States has repeatedly
submitted to arbitration questions al
ready decided in its own courts and
has confirmed decisions adverse to those
of its own courts.
The United States and Great Britain