Evening star., 1915-12-29
CLAIM AMERICAS
ALL WANT PEACE
Washington Attorneys Discuss
General Leaning Toward
Arbitration.
PACTS SHOULD BE BROAD,
SAYS w. S. PENFIELD
Pan-American Court at Panama Ad-
vocated-Value of Bryan Treaties
Cited by J. H. Ralston.

| Before the Pan-American Scientific
Congress section on international law and
kindredi subjects two Washington attor-
neys today presented discussions from a
historical standpoint of ''The Attitude of
American Countries Toward International
Arbitration and the Peaceful Settlement
of International Disputes" The speakers
were Walter S. Penfield and Jackson II.
Ralston, and while they covered the same
ground, those who heard them found in
| teresting comment and information in
both papers.
| Mr.. Penfeld's paper was read first.
Leading up to the conclusion that arbl-
tration treaties should be broader, that
a code of public and private interna-
tional law could be established to great
advantage, and that a pan-American
court of arbitration should be established,
Mr.. Penfield sketched the main points in
the history of international arbitration,
throwing some of them into interesting
relief as having a bearing on the ques-
ton of arbitration between the Americas.
Discusses A. B. c. Mediation.
He discoursed upon the so-called "A. B.
C. mediation and the treaties between
Argentine, Brazil and Chile, which seem
to remove war absolutely from the fears
of those nations, as far as that trio is
concerned with one another. He remind
ed the lawyers present that President Nc
kinley, when a congressman, had urged
pan-American arbitration: that Senator
Logan had done the same thing, and that
Secretary Blaine worked for it. He also
hrp, tn
American nations, the United States and
Mexico, had been the first to use the
machinery of The Hague, in dispute
over money matters. Mexico lost the de-
cision and promptly acquiesced.
And it may not be an improper de-
duction," said Mr. Penfeld, ito say
that if they had not been willing to
submit their question to the tribunal
for decision, The Hague court might
have remained a dream. impractical
because of never having been used"
In part, he said:
America has accepted arbitration
and the peaceful settlement of inter-
national disputes as a juridical prin-
ciple has practiced it in numerous
cases has taught it in its lecture halls
and has brought it to the foreground
IN its chanceleries by. means of
treaties, by which arbitration has
found favor as tie of fraternity be-
tween peoples and provision
against the greatest of calamities
under which humanity may suffer.
This is shown by the many arbitra-
tions to which she has been a party
from the time of her independence to
date.
Friendly Attitude Shown.
"The records Of the different Ameri-
can congresses held from the first
Panama congress of 1926 to the last
pan-American conference of Buenos
Aires of 1910. clearly shows the
friendly attitude of the American re-
publics toward arbitration and the
peaceful settlement of international
While Mexico and the United States
were the only American countries rep
resented at the first Hague con-
ference, at the second conference the
ent and Joined in signing the conVen-
tion for the pacific adjustment OF IN
ternational differences.
"The first countries to avail them
selves of The Hague court were Mex
leo and the United States in 1902. Since
then Peru and Venezuela have ap-
peared before that tribunal. or the
fifteen cases brought before it two
and three between American and Euro
pean countries.
For Unlimited Arbitration.
"rhe countries of Central America
have gone on record as favoring un-
limited arbitration by signing a con-
yention in Washington in 1907, Great
ing the Central American court OF JUS
tice, which has practically unlimited
Jurisdiction To date it has passed on
six cases. among which was the i'm
portant litigation brought by honduras
against Salvador and Guatemala.
THE "A 3. c. mediation during 1914
in the difficulties which had arisen be-
tween Mexico and the United States
lomatic incidents showing the desire
| of the American republics for the
peaceful settlement OF their contro-
versies.
ut would seem that the American
republics could still further advance
the cause of arbitration and the peace
| full settlement of international dis
putes if an arrangement were made
"(a) The arbitration. treaties would
| be broader.
| "(b) A code Of public and private in
ternational law would be adopted.
"(c) pan-American court of arbi-
| tration would be created, to be located
at the City of Panama. where it will
| be equally accessible to all the Ameri-
| can countries and where it will sit in
an atmosphere in which there is
blending of the Latin and Anglo-Saxon
| ideals of justice and equity"
Mr.. Ralston's Paper.
| Mr.. Ralstons paper led up to the con-
clusion that the peace treaties between
the United States and South American
| countries confirm the general attitude
of the Americas as to the peaceful So
luton of international difficulties.
These treaties constitute the last
and greatest evidence" he said, that
among the Americas the preservation
Of peace by every means humanity pos
sible is the paramount duty resting
| upon statesmen"
| Mr.. Ralston said, in part:
| Il am disposed to believe that an
important reason for our peculiar ex-
tension of arbitration has been the lack
on the part of several American ma
tions of distinctive foreign policy.
Foreign policies are made up, roughly,
of fear and avarice, sometimes strong
ly scented with altruism, but on analy-
sis this largely proves, chemically
speaking. negligible Happy is the ma
tion whose only foreign policy is to
treat honorably all associates in the
family of nations The American ma
tions have not found it necessary to
study how to gain political advantages
at the expense of others, or to hold as
sumed advantages through doubtful
means.