Evening star., 1925-04-10

1
| the Peruvian government that he is
| constrained to regard his award As
| arbitrator in the Tacna- africa dis
pute between Peru and Chile as final
! and without appeal" The communi-
cation pointed out that this action
| agreed with the terms of submission
as signed by the two governments
of international law.
| Emphasizes FinaIity.
This reply we'll might end here
| the President continued, but he add
| ed that, in Difference to the nations
involved and to the Importance of a
| correct understanding of the award,
| he deemed it advisable ito make GER
tain additional observations"
The flnality of the Presidents ac-
tion is further stressed by a state
ment that he regards it as unneces-
| sary to afford Chile an opportunity
TO present views in relation to the
Peruvian memorial to which his COM
munication is a reply.
The complete correspondence be-
tween Mr.. Coolidge and Solon Polo.
president of the Peruvian Defense
Commission, was made public within
q few hours after the reply OF the
arbitrator had been delivered to the
Peruvian embassy. The Peruvian
memorial devotes several pages to
an argument contending that the
arbitrator's action in ordering de-
termination of sovereignty in Tia ma
and africa through a plebiscite was
the consequence of an error of trans
lation which runs through the en-
tire opinion and award" The ref
erence is to the English translation
of clause of the treaty of Ancon.
under which the two countries agreed
In 1884 that a plebiscite should be
held either at" or after" the ex-
piration of 10 years.
Answering the Peruvian contention
that the translation at" should have
governed the award, the President
says:
Peru's Own Words.
The translation complained of is
the translation submitted by Peru in
her case, and in the opinion of the
arbitrator fairly interprets the mean
ing of the passage in question.
The problem before the arbitrator
was one of substance-of construc-
tion rather than translation, prob
lem which had been debated by the
parties long before this arbitration
gave rise to any questions of English
translation. 1t goes far beyond the
relatively unimportant and largely
academic question of the use of any
particular English word in translat-
ing the treaty. whether that word be
after, at on or upon all of which
are used at various places in the Pc
ruvian documents.
1T may also be said that the award
of the arbitrator is in entire harmony
with the practical construction placed
upon the treaty by the parties in
nj Gaa 1fror hnr lf q
the expiration Of the ten-year period
from 1894 to 1912; the parties re-
peatedly negotiated for A plebiscite
and in 1898 agreed on the terms of
protocol providing for a plebiscite.
which was not ratified by the Chilean
Congress.
Charge Terrorism.
The Peruvian memorial said that il
submitted its presentations as to the
essence of the award and also certain
definite requests tending to the best
and most faithful execution of the
plebiscite," but pointed out that it
did so before signifying its consent
to participate in the plebiscite.'
In a subsequent paragraph, how
ever. after detailing allegations of
terrorism charged against the
Chilean authorities in Tacna and
africa, the memorial states:
This picture of actual conditions
which has been sketched shows that
there has truly been a violation of
the essential conditions for the pleb-
iscite, which would justify Perua in
refusing TO accept the decision; but
as it is the invariable policy of our
country to comply with international
responsibilities we will not fail to
carry out the award rendered, not
withstanding the errors which have
been pointed out, and in spite of the
fact that they so deeply wound the
sentiments of justice which actuate
Peru in insisting that Chile, by her
refusal to hold the plebiscite when it
should have been held, in 1894,
brought about the nullificatio of the
third clause Of the treaty Of Ancon."
Holds Peru Pledged.
The Presidents reply deals with
these two elements of the Peruvian
memorial with the statement that
the arbitrator notes with satisfaction"