Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-05-21
MARKS BIC ADVANCE
Feature of the American Arbi-
tration Proposal.
w. 7. STEAD'S CONTENTION
By William 7. Stead.

Special Cablegram to The Star.
| LONDON, May 2O.-When / read the
draft of the proposed general American
arbitration treaty l felt like singing
| 'Nunc Dimittis.' 1t is indeed seldom
that any one sees within SO brief a term
as fifteen years the realization of an ideal,
which. when it was first propounded,
seemed utterly beyond the bounds OF
practical politics.
| When, in 1896. l published my pam
phlet, Always Arbitrate Before You
Fight" my plea was distasteful alike TO
arbitrationists and militarists. l stuck
TO it and at the first Hague conference I
nearly got involved in duel because OF
my hot tnsistence upon my favorite spe-
ciffc. That specific was not arbitration
in the strictly judicial sense of the term.
by which before cases are sent to the tri-
bunai, both disputants pledge themselves
to accept the award. whatever it may
be. My contention, in which | stood al
most alone in those days, was that no
state would ever arbitrate matters of life
or death If all appeal to the sword was
barred in advance as preliminary con-
dition of calling in the services of an
arbitral tribunal: whereas if the rights Of
appealing to the sword were reserved.
anything might be sent to arbitration
with tolerable certainty that in 800 cases
of 1000 the right Of appeal would never
be exercised.
When the first Hague conference was In
making L proclaimed that clause relat
ing to an International commission of
inquiry, which might be held to inquire
into questions of fact without any pre-
liminary pledge to accept the conclusions
of their report. was one vital article OF
convention.
| Almost Provoked a Duel.
| These commissions, pointed out, would
be arbitral tribunals all but in name. and
| it was the vehemence OF my protest
against Roumania's demand to exempt
| the questions OF honor and vital interest
| from the scope OF these commissions
which brought ME to the edge of duel
with the Roumanian delegates.
| Roumania, however. triumphed, and the
honor and vital interest We're inserted.
| l had the satisfaction during the Rus
so-Japanese question of seeing my con-
/ tention justified, for the suspension OF
| the honor and vital interest clause had
1 to be agreed upon between Russia and
I England before the Gogger Bank dispute
which threatened instant war, could be
referred to an international commission.
which settled the matter amicably.
So obstinate, however, were the hide
! bound pedants of International diplomacy
that at the second Hague conference
that convention came up for revision and
I / could not induce the English and
American delegates to excuse the limit
! ing clause, notwithstanding the expert
ence OF the Dogger bank incident Hence
/ my surprise and delight at finding In the
American arbitration draft tardy but
| complete recognition of the principle for
J which l had contended almost single
! handed for fifteen years.
! That principle is not that which is en-
/ bodied I'm the clause sending all disputes
] I'D l~<f. n
mands prior pledges to accept the award.
whatever ii may be- 1t Is the principle
embodied in the clause providing that
questions which one or the other or both
disputants regard as unjudiciable by ar
duration, shall be referred to the COM
mission whose decision, unless 1T be a
/ decision in favor Of sending the dispute
! to arbitration. shall not be binding upon
either party. That is the vital clause
i which makes the new treaty SO valuable.
I No matter what general treaty you
may make declaring all questions shall
| be sent to arbitration. no really vital
| questions will ever be sent to arbitration
unless both parties are free to appeal to
the sword in the last extremity.
/ That right Is secured by the clause de-
| claring that the report of the commission
| shall not Of necessity be accepted In ad-
| vance AS matter OF fact In nine cases
out of ten the report of such commission
| would have the effect OF an arbitral
award, for rare indeed would be cases
! in which any disputant would dare
to draw the sword after such commission
| on full examination had decided against
/ the Justice of its claim. Reference to
: commission is also valuable because 1t
i does not require prior consent Of the
4 Senate.
4 The Kaiser's Visit.
A London has been absorbed all the week
by the visit OF the German emperor and
his family The weather has been de-
lightful and London and the Thames
valley through which the royal imperial
party drove to Windsor, are now at
their best-horse chestnuts, laburnum
and hawthorn in full bloom.
There is no more fascinating man liv-
II ing than the kaiser when he Is in good
humor and when he sets himself to ex-
ercise his charm. ] note as an instance
of the supersession of the railroad by the
II automobile, that this year for the first
time the king and his imperial guests
u prefeEred the road to the rail when they
Ind