The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1911-08-30
FULL REPORT
Confined from page nine.)

'NNhNlhutN lIOlu DhEe nine
and consent Of the Senate thereof. III.
Maiesty's Government reservinc tn,
right before concluding a special agree
ment in any matter affecting the in.
terests Of a self.governing dominion OF
the British Empire to obtain the con.
currence therein of the government OF
the dominion.
Such agreements shall be binding
when confirmed by the two Govern.
ments by an exchange of notes"
Terms Tee Comprehensive.
It will be observed that by the terms
of this article every difference arising
between the two nations is to be sub
mitted to arbitration if such difreren-
ces are iusticiable in their nature by
reason Of being susceptible of decision
by the application of the principles of
law or equity and it follows neces-
sarily that all differences which are
not justiciable in their nature by rea-
son of not being susceptible of deci-
sion by the application of the princi-
pies of law or equity are excluded
from arbitration under the terms of
this article. 1t will also be obselv we'd
that all special agreements made under
this article must be submitted 20 the
Senate for it's advice and consent. To
this article the committee recon.
mends a slight verbal amendment
which only serves to make clearer the
meaning of the article and which need
not detain us here.
If, following the example of the treat
les of 1908, these treaties stopped at
this point with the article defining lie
scope of the subjects to be submitted
to arbitration, the committee would
have found no difficulty in recommend.
ing to the Senate its immediate rat.ti-
cation. The definition of the questions
to be submitted to arbitration in these
new treaties is, it is true, very large
and general and somewhat iniCterm'n-
ate. 1t is stated that these questions
are to be justiciable by reason Of being
susceptible of decision by the applica-
ton of the principles OF law or equity.
In England and the United States, and
wherever the principles Of The common
law obtain, the words raw OF equity
have an exact and technical signific-
ance, but that legal system exists no.
where else and does not exist in
France, with which country one Of the
treaties is made. We are obliged,
therefore, to construe the word
equity 1t will be seen, therefore,
ceptance as that which is equally
right or just to ell concerned; as the
application of the dictates of good
conscience to the settlement of contro-
versies." 1t viii be seen, therefore,
hat there IS little or no limit 10 the
questions which might be brought
within this article, provided the two
contracting parties consider them
iusticiable.
Couldn't Arbitrate Some Things.
Under Article 1, however, taken by
itself. no question could be dealt with
unless the treaty-making powers of
both countries were agreed that it was
iusticiable within the meaning of the
article. The most vital point, there
fore, to be decided would be whether
the question was justiciable according
to the principles of law and equity.
Everyone agrees that there are certain
questions which no nation, # it expects
to retain its existence as a nation, will
ever submit to the decision Of anyone
else, and by reserving the power to
pass upon all special agreements each
party to the contract reserves at the
same time the power to reject as not
justiciable any of these questions
which is to be admitted no nation
could submit to an outside Judgment
without abandoning it's sovereignty
and independence,
The High Commission.
! These treaties, however, do not stop
with the article which defines and en-
! larges the scope of arbitration. in
articles II and III provision is made
for the establishment, if either party
desires it, of a joint commission IF
inquiry. Such a commission is to be
/ preliminary to arbitration and is TO
examine into and report upon the sub
ject of the controversy between the
two contracting parties. These articles
follow in the main the provisions Of
The Hague convention Of 1907, now in
force, for the establishment of such
commissions. The committee ventures
to think that some Of the changes here
made from The Hague provisions are
not in the direction of an advance, but