The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-04-10
TACNA-ARICA
AWARD JUST,
NOTE STATES
No More Arguments To BE
Heard in Case, Pres
ident Declares
FINAL DECISION GIVEN
Action Agrees With Terms
of Submission Signed
BY Two Governments

Washington. April 10.-President
Coolidge informed the Peruvian
government yesterday that he was
constrained to regard his award as
arbitrator in the Tacna-Arica dis
pute between Peru and Chile as
"final and without appeal The
communication pointed out that his
action agreed with the terms of sub
mission as signed by the two gov
ernments and also with the general
principles of international law.
"This reply might we'll end here
the president continued, but he add
ed that, in Difference to the nations
involved and to the Importance Of
aicorrect understanding of the award.
nd deemed it advisable "to make
certain additional observations
The finality 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
Communication is a reply.
The complete correspondence be-
tween Mr.. Coolidge and Solon Polo.
president of the Peruvian defense
commission, was made public within
a 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 deter
mination Of sovereignty in Tacna and
africa through plebiscite was the
consequence Of an error of transla-
tion which "runs through the entire
opinion and award" The reference
is to the English translation of
Clause 3 to the treaty Of Ancon
under which the two countries
agreed in 1884 that plebiscite
should be held either "at" or "after"
the expiration Of 10 years.
Answering the Peruvian conten-
tion that the translation eat" should
have governed the award, the presi-
dent ~sayS:~. .fs So. ,4.-- 4, .. .a.
"The translation complained Of is
the translation submitted BY Peru
in her. case, and in the opinion of
meaning of the passage in question.
"The problem before the arbitra-
tor was one of substance-of con-
struction rather than translations, q
problem which had been debated by
the parties long before this arbitra-
tion gave rise to any question of
English translation. 1t goes far be-
yond the relatively unimportant and
! largely academic question of the use
of any particular English word in
translating the treaty, whether that
word be "after," "at," "on," or cup
on" all of which are used at various
places in the Peruvian documents.
1T may also be said that the award
Itof the arbitrator is in entire harm
'.ony with the practical construction
placed upon the treaty by the parties
in their dealings with one another
after the expiration of the 10 year
period from 1894 to 1912; the par
ties repeatedly negotiated for a
plebiscite and in 1893 agreed on the
terms of protocol providing for
plebiscite which was not ratified by
the Chilean congress-"
The Peruvian memorial said that
it 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 it's
consent to participate in the plebis-
cite"
Ill Subsequent paragraph, now
ever. after detailing allegations of
terrorism charged against the Chill
can 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 Peru re-
fusing 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
& Tact 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 notification of the
j third clause of the treaty of Ancon."