The Washington herald., 1911-08-06
The Arbitration Treaties.

The full text of the arbitration treat
les with Great Britain and France,
which have been negotiated by the Presi-
dent and which are now before the
Senate for ratification, appears in The
Washington Herald this morning.
Framed for the declared purpose Of
preventing hostilities in the future be-
tween the governments concerned, the
documents are unquestionably a distinct
advance along the lines of universal
peace The first article, which provides
that all questions of law and equity which
may be in dispute shall be adjudicated
by The Hague court or by some other
arbitral tribunal, is in line with arbitra-
ton treaties of the past. The second
article provides that all other contro-
Nersies shall be referred to joint high
commission of inquiry for impartial and
conscientious investigation, although
the reference may be postponed for a
year if either party desires such post
ponement. The personnel of the COM
mission is to consist of six members,
each OF the high contracting parties
designating three of its nationals, al
though it is also provided that the COM
mission may be otherwise constituted
in any particular case by the terms of
reference In the third article provision
is made for the examination into the
questions at issue, with authority for
the commission to report such recon-
mendations and conclusions as may be
appropriate. 1t is, however, expressly
provided that the report of the COM
mission shall not be regarded as de-
cisions of the questions or matters so
submitted, either on the facts or on the
law, and shall in no way have the char
acter OF an arbitral award" The re-
naming articles deal with the routine
work OF the commission.
1t is apparent that the purpose of the
treaty is to submit to this joint high
commission all questions which are not
IdklOlidllN III
other words, which affect matters of
vital interest and national honor-and
if all, or all but one, of the members
CT the commission decide that the dis
pute comes within the province of The
Hague court, it shall be submitted for
arbitration. There is, however, ap-
Parently no provision which would di-
rect line of conduct in case this de-
cislon is not reached There would also
seem to be some doubt as to what shall
be done in the case of an unjusticiable
dispute. 1t is asserted by the State
Department that the President, by and
with the advice and consent of the Sen
ate, shall, in cases Of this character.
frame the questions at issue, &c, under
4 special agreement, but under a literal
Interpretation of the treaty this special
agreement applies only to the disputes
which are admittedly subjects for
consideration by The Hague court un-
der the first article.
The treaties also lack any reference
to the course which is to be pursued by
the respective nations during the long
drawn out period of investigation. Sup
pose, for instance, that the United
States should protest against the inter-
ference of Great Britain in South
American affairs, an act which would
ha in N-,nlafyN-, ~ IL fo,.o1
and which might include trespass.
Great Britain would. OF course, ask for
a years postponement of the contro-
vcrsy. The joint high commission
would then have to be designated, and
as there is no limit set by the treaty to
the time in which a report must be
made, one, two. or even three years
might elapse. What is the offending
country to do in the meantime? Shall
it continue the Objectionable occupation,
and finally, having established squatter
sovereignty, so to speak. upon American |
territory, be in the favorable position OF |
pleading that possession is nine points |
OF the law. There IS no provision in !.
the treaties which restores the status |
quo.
Not in hypercritical spirit, but with |
the sincere feeling that in some way
these contingencies ought to be fore
seen and met by adequate provision, it |
seems to us that the treaties, regarding
which so much has been said, and from
which so much has been expected, fall
short of accomplishing the great good
which is their inspiration. It must not |
be forgotten, of course, and this seems
to be the resul, OF the negotiation. that
the year of postponement already men,
toned and the submission of the ques-
ton after this long interval to COM