The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-12-07
ARBITRATION

The year has been notable as witness
ing the pacific settlement OF two import
ant international controversies before the
permanent court of The Hague
The arbitration of the fisheries dispute
between the United States and Great
Britain which has been the source OF
nearly continuous diplomatic correspond
ence since the fisheries convention OF
1918. has given an award which Is salts
factory TO both parties.
This arbitration Is particularly note
worthy not only because OF the cminently
just results secured. but also because II is
fhe first arbitration held under the gem
eral arbitration treaty OF April 4. 1905,
between the United States and Great
britain. and disposes of controverF-.
the settlement of which has resisted every
other resource OF diplomacy. and which
for nearly ninety years has been the
cause Of friction between two countries
whose common interest lies in maintain
ing tho most friendly and cordial rela-
tions with each other.
The United States was ably represented
before the tribunal The complicated his
tory OF the questions arising made the
issue depend more than ordinarily in such
cases upon tho care and skill with which
our case was presented. and l should be
wanting In proper recognition Of n great
patriotic service II | did not refer 10 the
lucid historical analysis of the facts and
the signal ability and force of argument
six days In length-presented TO the court
,n support of our case by Mr.. Elhu Root
As secretary OF state Mr.. Root had given
close study TO the intricate facts bearing
on the controversy, and by diplomatic
correspondence had helped TO frame the
issues. Al the solicitation Of the sec
retary OF state and myself. Mr.. Root.
though burdened by his duties as senator
from New York. undertook the prepara
ton of the case as leading counsel, with
the condition imposed by himself that in
view OF his position as senator he should
not receive any compensation.
The tribunal constituted at The Hague
by the governments OF the United States
and Venezuela has completed Its deliber-
atoms and has rendered an award In the
ease OF the orinoco Steamship company
against Venezuela. The award may be
regarded satisfactory since II has. pure
suant to the contentious OF the United
States, recognized g number of importa ut
in the determining of international dis
putes.
Circular Note to Powers.
I'm view OF grave doubts which had
been raised as to the constitutionality
Of The Hague convention for the estab-
lishment of an international prize court.
TOW before the senate for ratification, be-
cause OF that provision of the convention
which provides that there may be an ap
peal 10 the proposed court from the de-
csons OF national courts. this govern
ment proposed In an identic circular note
addressed 10 those powers who had taken
part In the London maritime conference.
that the powers slgnatory TO the conven-
ton. II confronted with such difficulty.
might Insert reservation to the effect
that appeals TO the international prize
court in respect to decisions of its nd
tional tribunals. should take the form OF
z direct claim for compe usation; that
the proceedings thereupon to be taken
should be In the form OF a trial de novo
and that Judgment Of the court should
consist OF compensation for the Illegal
capture: irrespective of the decision Of the
national court whose judgment had thus
been internationally involved
AS the result of an informal discussion
II was decided TO provide such procedure
by means OF separate protocol which
should be ratified at the same time as the
prize court convention itself.
Accordingly the government of the
Netherlands, at the request OF this gov
ernnent, proposed under date OF May "a
1910, to the powers slgnatory to The
Hague convention. the negotiation of q
supplemental protocol embodying stipula-
tons providing for this alternative pro-
cedure. II is gratifying TO observe that
this additional protocol is being signed
without objection. by the powers sigma
tory To the original convention. and that
there is every reason to believe that the
International prize court will be soon es-
ablished.
The identic circular note also proposed
that the international prize court when
established should be endowed with the
functions of an arbitral court OF justice
tion adopted by the last Hague confer
ence. The replies received from the va
ricus powers 10 this proposal inspire the
hope that this also may be accomplishcd
within the reasonably near future.
1t is believed that the establishment Of
these two tribunals Will go long way to-
ward securing the arbitration OF many
questions which hayc heretofore throat.
ened. and at times destroyed the peace OF
nations,