Evening star., 1925-03-19
TACNA-AR|CA row
BIG TEST FOR i. S.
Arbitration in Washington
Shows Effort to Keep Eu-
rope Out of America.
BY DAVID LAWRENCE.


Americas most delicate job of
arbitra ton in half century. carrying
with it an implication that the United
states can heal controversies in this
Western Hemisphere without recourse
ny Latin American countries to the
s League Of Nations, is for the moment
tinged with elements OF uncertainty
and embarrassment.
Peru doesn't like Americas decision,
relieving Chile has been favored. But
Peru is bound by solemn treaty TO
accept the arbitration Nevertheless
popular demonstrations may indicate
the sentimental feeling of the Peru
wan people. and unfortunately may
even hurt the good relations between
the United States and Peru. The
American people, OF course. know that
no pollcy consideration. but the de
tached judicial mind Of Charles Evans
Hughes, one of the foremost jurists
OF the world, wrote the decision.
Ever since 1883 the question has
been in dispute. and MIR Hughes had
ms choice of making q judicial or po-
ltlcal award. So far as sentiment
goes, Peru has been better friend
IN recent years to America than has
Chile. If fayoritisn were TO have
been shown, Peru should have been
the beneficiary. But Mr.. Hughes de-
cided not on sentiment, but on the law
and the facts.
AIsace-L orraine of South America
For ~ years the two provinces OF
Tacna and africa have been the Alsace-
Lorraine of South America The ter
fltory is about 5000 square miles in
area about the size of the State OF
Massachusetts. Peru had declared
war on Chile over nitrate fields, and
when the treaty of 1883 was signed
Chlle found herself in military possess
sion or Tacna and Arica. 1t was
agreed in the treaty that the DISPOSE
tion OF the provinces should be decided
oy vote of the people 10 years after
the war
No agreement has ever been possible
since, however, on the manner OF
carrying out the referendum The re-
sponsibflity for disagreement mas
been placed first on Chile. then on
Peru, and. ultimately by neutral opin-
ION, on both. Finally President Hard
ing suggested that the negotiations
be brought to Washington, and at a
critical moment some suggestions $
from Secretary Hughes secured the
adoption by both Peru and Chile OF a
protocol agreeing to submit the dis
pute to arbitration by the United
States.
1t was agreed in advance bv both
sides that if a referendum was or
dered then the arbitrator was TO fix
lhe terms and conditions OF the cleo
ton, providing safeguards for an
honest vote. The population of the
olsputed area is about $4,000 But a
virtually new generation has been
porn and grown old since 1883, and
Whatever the population of the re-
g1on was then, it is true that Chilean
customs and administrative methods
nave been introduced. Yet civil and
military officials are not to he nor
mltted to vote, and no one who did
not 1--we in the area before 1920 can
vote. Also, it was agreed by Peru
ana chile in the arbitration protocol
orls inaily that whichever country
n aost the election would be paid $10,-
oVo'VVO by the winning country.
Charge Chilean Obstfnacy
Feru, for many years, complained
that Chile would not arbitrate Now
the award has been made and while
popular demonstrations are natural
under the circumstances, the United
Soa,es Is confident Peru will stand
oS her pledge and go into the refer
endum as provided
Ihe region in dispute is of Doubt
tui value. A Bolivian diplomat once
sald that the controversy over Tacpo
ana africa reminded him of "a fpht
between two baldheaded men for tho
possession of comb" But pride and
sentiment run high in Latin coun-
tries and Peru doesn't like to los
Yet if the popular vote of tho res,
uehts turns out in her favor. she will
not nave occasion to complain. And
there Is no certainty about the ont
come OF the referendum, especiaI1v
since election supervision is to he
arranged and the United States 10 to
participate by inspectors in observ
Ing the election.
If Chile wins there is so,,a ,.o,--
to believe she will give BoIivia-tba
only country in South America with-
out bit OF seacoast-an outlet to the
sea, possibly corridor" to the pa
cific.
interesting Legal Battles.
Ihere have been some Interesting
sidehghts to the long legal battle
Democratic lawyers and RenuhIican
were in it. Former Senator's HoI,a
smith of Georgia and Joseph Bailey
OF IeXas, together with Wade Ellis
ana EDWARD Borchard, fought for
Peru, while Robert Lansing former
Secretary of State under Prasidan+
wilson, and Lester Fl. Woolsey. for
mer solicitor of the Department of
state, with Mr.. Lansing, were yictori
Gus for Chile. host of Paruyi.n
ana chilean lawyers were here for
many months arguing the case and
ting pamphlets and briefs galore
At mas been the biggest arbitration
It IoLtroNerSy OF half century in the
Western Hemisphere Its effects T.iT
be ieIt for years to come. and tbera
are some Americans who regret that
the united States got into the thing
at all, but if the Washington Govern
ment had refused the dispute would
nave gone to the World Court and
Ainefica' under President Harding
teIt disposed to keep such disputes
from oelng settled in Europe.