Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-06-23
BACKGROUND OF EVENTS
BY PAUL Y. COLLINS.

The movement goes back even De-
fore that conference-back to the Con-
press of Jurists held in Rio de Janetro
in April, 1926. And that Congress OF
JuristS owed its origin to the nth con-
ference of PAN American delegates held
in Santiago. Chile, in 1923. The work
of the Congress of Jurists in 1925 did
little in changing the sentiments ex-
pressed by the Chile conference OF
1928, beyond editing the forms OF ex-
preston. So the great movement to-
ward abolishing war as national policy
throughout the Western Hemisphere
must be recognized as deep-seateu and
continental in extent, even antedatlug
the discussion of the Kellogg BRAND
multilateral project for all the world.
The Congress of Jurists formulated
the plan to be incorporated in Pam
American international law. to be dis
cuSsed at the sixth conference in Cuba
last February, and as a result OF that
Cuban discussion it was agreed that
special conference should be held in
Washington within one year. to perfect
the form of agreement to be adopted by
all the q nations of the. Western
Hemisphere. That meeting Is now
called for December 10.
At the Havana Pan-American Con-
gress last February the report of the
jurists congress was referred TO a
subcommittee headed by Dr. Alfaro of
Panama. DR.. Alfaro produced most
able analysis of the project. He said
the project for the peaceful solution
of international conflicts contains five
methods. to wit: l. good offices and
mediation, 2. the investigating COM
mission: 3. Cancellation; 4, friendly
composition; 5, arbitration.
1t is proposed that whenever two
states come into conflict, likely TO pro-
woke violence. any friendly state may
offer to mediate between them, and
the offer shall not be taken as an
unfriendly act, even though acts Of
violence shall have already occurred.
The second provision--an Investigate
ing commission. 70 inquire into the facts
of any international diSpute--waS first
introduced in proposed American law,
by Senior Gondra of Paraguay, at the
Chile conference In 1928. The same
principle had been approved in confer
ences at The Hague in 1899 and 1907,
but had never become effective.
In the Pan-AmerIcan conferences, this
is known as the "Gondra Convention"
and 1t is counted as of prime impor-
ties while the facts are being imparttally
inquired into. whether the inquiry re-
suits In direct settlement of the dis
pute or becomes the groundwork OF
later arbitration II covers not only
facts but the judicial Interpretation OF
international law applicable To the dis
covered facts. Pending the inveStiga-
ton neither party shall mobilize forces
nor do any other provocative act, but
all shall maintain the status quo.
IT is conceivable that even when ma
lions have treaties of arbitration in adj
vance of the dispute, one or the other
may set up claim that such treaty
does not apply TO the present question OF
dispute. hence deny arbitration. In
such case, the unbiased outside investt-
CATION may intervene and halt hos
tilities while ascertaining facts, both as
TO the dispute and the application OF the
treaty OF arbitration or of other means
of settlement.
The permanent investigating commits
sion as proposed by the JuristS was To
he made up of the three Oldest dlplo-
matte residences III the country III which
Il has it's seat-~presumahly the three
oldest In service of the Ministers or AMI
bassadors residing i'll Washington. Ill
representation of Central and South
American countries, In case any Oh
them represented u nation In the con-
troversy. he was disqualified, and the
next oldest in service was to take ms
place. But Or. Alfaro amended TINS
Recommendation by proposing that. each
of the contending governments should
name its representatives on the investi-
eating commission, but no diplomatic
agents shall be eligible.
There we're several projects OF mVes-
tieation and compulsory arbitration sub
mitted to the Havana Sixth Conference,
last February, but they came up for con-
sideration at such a late hour that, upon
the recommendation of former Secretary
Hughes, they were postponed until they
could be more maturely considered AT
the coming meeting to be held next De-
cember TO- To that meeting each ma
ton Will send two deawRates, qualified by