Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The commoner. (Lincoln, Neb.) 1901-1923 | View Entire Issue (Jan. 26, 1912)
1 " "1 The Commoner VOLUME 12 NUMBER 16 ILK fe I J 'fj !V1 lu :vi i: ft?: naa ll' 1st-. The General Arbitration Treaties By HERBERT W. BOWEN (Tho nutlior of thin nrtlclo, printed In tho Indopondont, Now York, was for many yours consul general of tho Unitod States at Barcelona, and was BUhfloquontly Unitod Staes minister to Porsia and Vonozuola. Ho ropro eonted Vonozuola at Tho Haguo court in 1003.) Unusual interest has boon taken by our pooplo and all other clvilizod pooplos in our two genoral arbitra tion troatios, tho ono with Groat Britain and tho othor with Franco, which woro proparod under tho direction of Prosldont Tuft, and which woro signed August 3, 1911. Thoy diffor from our former treaties, first, in that thoy aro general rather than spocllic; socond, in that thoy do not contain a provision excluding from arbitration all differences that affect tho vital Interests, tho Inde pendence, or tho honor of tho con tracting states or that concern tho Interests of third partios; and, third, In that thoy provide for tho appoint ment of a joint high commission to inquiro into controversies and to roport upon them boforo thoy aro submitted to arbitration. Tho articles of each treaty are sovon In numbor, and aro substan tially idontical In each, and aro pre coded each by a preliminary state ment, or proamblo, containing tho oolomn and unqualified declaration that both nations aro "resolved that no future dlfforonco shall bo a cause of hostilities between them or Inter rupt thoir good relations," and that thoir object In concluding tho treaty with oach othor is "to provide moans for tho poacoful solution of all ques tions of dlfforonco which it shall bo found imposslblo in future to settle by diplomacy." Tho nobility of purpose expressed in that declaration ontitles it to rank with tho majeBtlc preamble of tho constitution of tho Unitod States. Of tho sovon articlos the last two relate to tho agreement that these troatios shall supersede our arbitra tion troatios in 1908 with Great Britain and Franco and to tho ex change of ratifications and tho twolvo months' written notice that must bo given in caso either party dosiroB to torminato tho treaty. Tho othor five articles contain the new .plan of arbitration. Article I provides that "all dif ferences hereaftor arising between tho high contracting parties, which it has not been possible to adjust by diplomacy, relating to international matters in which tho high contract ing partios jaro concerned by virtue of a claim of right made by one against tho othor under treaty or otherwise, and which aro justiciable in thoir nature by reason of being 8uscoptiblo of decision by the appli cation of tho principles of law or equity, shall bo submitted to tho per manent court of arbitration estab lished at Tho Haguo by tho conven tion of October 18, 1907, or to some othor arbitral tribunal as may bo decided in each case by special agree ment, which special agreement shall provide for the organization of such tribunal if necessary, define the scope of the powers of the arbitrators, the question or questions at issue, and sottlo tho tornis of reference and tho proceduro thereunder." Tho intention of the partios as thus expressed is evidently to have all their differences which can not bo settled by diplomacy submitted to an arbitral tribunal. Tho clearness of that Intention is not obscured by tho restriction that the differences -must relate, as they should, to inter national matters, nor that tho parties must bo concerned In them "by vir tue of a claim of right made by ono ugalnst tho- other under treaty or othorwiso," for nothing could bo loss oxclusivo than "a claim of right" and nothing moro unrestricted than the word "otherwise" All that tho com plaining party, thoroforo, would have to maintain would be "a claim of right" with tho restriction that it bo "justiciable" in Its nature "by reason of being susceptible of decision by tho application of tho principles of law or equity." That restriction is ono of common senso and decency, for a "claim of right" that has neither law nor equity on its side should not, of course, be referred for arbitration. It is possible to imagine, however, that some claims of right might be doubtful: or miaht seem justiciable to the complaining party in accordance with the terms of the treaty, but could bo proved by the other party not to bo so. That pos sibility doubtless suggested to the high contracting parties the wisdom of providing for tho appointment of a joint high commission, and natur ally the more the plan was considered tne more it was developed and per fected. Articles II, III, IV, and V present tho perfected plan, and it is admirable In all its details. Article II provides that "the high contracting parties further agree to institute, as occasion arises, a joint high commission of inquiry to which, upon the request of either party, shall be referred for Impartial and conscientious investigation any con troversy between the parties within the scope of Article I, before such controversy has been submitted to arbitration, and also any other con troversy hereafter arising between them, even if they are not agreed tnat it tans within the scope of Ar ticle I; provided, however, that such reference may be postponed until the expiration of one year after the date of tho request therefor, in order to afford an opportunity "for diplo matic discussion and adjustment of the questions in controversy, if either party deslreB such postponment." The difference between this article and Article I is, briefly, that Article I provides for the direct submission of differences to arbitral tribunals, while Article II practically provides u mediator, wno, if either party de sires it, can investigate the contro versy impartially and conscientiously after a suitable opportunity has been given to the other party to settle it by diplomacy. Article III authorizes the commis sion to "examine and report upon the particular questions or matters re ferred to it," and to make such "rec ommendations" as may be proper uioho reports are not to be con sidered decisions or awards. Fur thermore, tho commission is very wisely empowered to decide whether or not a difference is subject to arbi tration. Under Article I, in case the parties differ on that point, "and If all or all but ono of the members of the commission agreo and report uuttt huuu uuierence is within the scope of Article I, it shall be referred to arbitration." Articles IV and V confer on the commission such powers as it is necessary for it to possess in the per formance of its duties, and provide for agents and counsel, hearings and salaries. After the commission has made its report and recommendation what Is expected to happen the trea ties do not state; but the inference is that its conclusions will receive duo attention and careful considera tion. When no compromise or settle ment is effected, and it is decided to proceed to arbitration, tho special agreement, which is mentioned in Article I, and which defines the ques tions at issue, must be prepared, and "in oach caso shall be maden the part of tho United States by tho presi dent by and with the advice and con sent of the senate," and on the part of Great Britain and France In ac cordance with, their respective lawa, but Great Britain reserves "the right' boforo concluding a special agree ment in any matter affecting the interests of a self-governing domin ion of the British empire to obtain the concurrence therein of the gov ernment of that dominion;" and "such agreement Bhall be binding when confirmed by an exchange of notes." The treaties are exceptionally con cise and clear, and it seems to be generally hoped that they will be promptly ratified. The few who ob. ject to them are persons who are un, willing to submit to arbitration questions of honor; who fear for th integrity of the Monro Doctrine; or supreme court may bo deprived thereby of some of its constitutional rights or dignity; but thoy are greatly outnumbered by those wh hold that auestiorui of honor hnf (nations should be' questions of law; tnaixne Monroe uoctrjne will alwayi be as much respected, as it is entitle to "be;, and that our senate and so preme court can join in promoting the cause of international justice without losing" either any of their constitutional rights or their dignity. These treaties represent the cul minating efforts of centuries to estab lish and preserve friendly relations among nations. They are the cry of civilization against the horrors of war. They voice the prayer of the peoples for peace. SPECIAL LOW-PRICE CLUB OFFERS ON STANDARD PUBLICATIONS FOR 1911-12 For 'tho convonienco of our readers tho following combination offers have been arranged. "Write us for best prices on any combination of periodicals The Commoner must always be included. Wo will save you 20 per cent in most cases and in some cases 50 per cent from the regular price of such periodicals. IN CLUBS OF TMREE Success Magazine $1.00 Tri-Weekly New York World 1.00 Tho Commoner 1.00 Total Regular Price $3.00 Our Price for all Three $1.90 Uncle Remus's Homo Mag... $1.00 Success Magazine 1.00 Tho Commoner . . . . K l.oo Total Regular Price $3.00 Onr Price for all Three $1.00 LaFpllotto's Weekly Mag $1.09 Fruit Grower i.oo The Commoner l 00 Total Regular Price $3.00 Our Price for all Three $1.75 National Monthly Magazine $1.00 Trl-Weekly Now York World 1.00 Tho Commoner i.oo Total Regular Price $3.00 Our Price for all Three $1,75 Tri-Weekly New York World $1.00 Current Literature 3.00 The Commoner xioo Total Regular Price S5.00 Our Price for all Three $3.00 2?J,$&tt5 Weekly Magazine. Na tional Monthly, Fruit Grower, Uncle Remus's Homo Magaizne, Modern Pris- ?mor F10 PublIc may bo substituted the above combination in place of Tri-Weekly New York World National Monthly i 00 Independent 300 Tho Commoner ioo Total Regular Price $5.00 Our Price for all Three $3,00 Tri-Weekly New York World Ln. Folletto's Weekly Magazine, NationlS Monthly, Uncle Remus's Homo Maga zine, Fruit Grower, Modern Prlscilla or The Public may be substituted In the .above combination in placo of the National monthly. Success Magazine $100 RoviGWS Of RmMn-orn o: Tho Commoner !!!!!!!!! L00 IN CLUBS OF TWO Total Regular Price, Our Price for all Three. .$5.00 . $3.00 Tri-Weekly Now York World T n Folletto's Weekly Magazine Nationn Monthly, Uncle ftemSR Horn?" Mkff! zine. Fruit Grower, Modern Prlscilla or The Public may bo substituted in the above combination in the place of Success Magazine. v ot American Homestead $ .25 American Bee Journal, Chi. 1.00 American Boy, Detroit 1.00 American Magazine, N. Y... 1.50 American Motherhood 1.00 Atlantic Monthly. Boston.. 4.00 Boys' World, Elgin, 111 50 Breeder's Gazette, Chicago 1.75 Commercial Appeal, weekly .50 Common Herd, Dallas, Tex. 1.00 Cosmopolitan Mag., N. Y... 1.50 Courier-Journal, Louisville 1.00 Current Literature, N. Y.... 3.00 Delineator, New York 1.00 Demonrnt. .TnhnQtnwn "Do 1 aa Enquirer, Cincinnati .'....!! LOO jluug, jf miaueipnia 1.50 eiHylS0(&,s MaSazIno. N. Y. 1.50 Field & Stream, N. Y 3.00 Forest & Stream, N. Y 3.00 Eruii Srowe,r' st- Joseph... 1.00 Health Culture, Passaic 1.00 Hoards Dairyman, Weekly 1.00 Housekeeper, New York.... 1.50 Independent, Weekly, N. Y. . 3.00 J"dstrious Hen. Tennessee 50 Literary Digest, Wky, new 3!o8 Literary Digest. W'klv. Rn. a on mccail's Magazine. NY ko McCluro's MagaSSe, N y'.: l'Jo Metropolitan Magazine, N. Y. 1 50 Modern Prlscilla, Boston, m. 75 o Lnthlsr, Buffa: LOO Outing Magazine, Now York 3 00 Outlook. New York, W. 3 00 PnMoy. Portland :; L50 Pearson's Magazine N v un People's f Popular Montnl?:: Sb &rVaffNow Yrlc PrSgVeioff: P,h'lii:::: Hi Public, Chicago, Weekly!.'! 100 Cincinnati Dally Post 8,0 e (Rural Edition) o 00 Scribner's Magazine. NY a 00 Southern FruTt Grower. 50 Springfield Republican; W ' 100 Sturm's Oklahoma Mag! .' 1 50 Success Magazine N y inn Table Tailed Phlladoiphia' ' 100 twentieth Century, Boston 2 00 FaSerIn.0ceanand Woman's World,"6hf ' M " pk Hicks Almanac 1 0o World's Events. Chicago inn except Sunday .7 ..... y 30n. 'World Today, Now York.:!! 3!0 Vnha. TTI Ui l'rlfe CoM'tmr $1.00 1.40 1.40 1.75 1.60 4.60 1.00 1.75 1.00 1.25 1.75 1.25 3.00 1.65 1.25 1.00 1.90 1.85 S.00 3.00 1.25 1.75 1.50 1.60 1.90 8.00 1.00 1.3S 1.2S 3.25 3.60 1.05 1.90 1.75 1.35 1.25 3.25 2.25 1.85 1.75 1.00 1.55 1.00 1.25 1.00 1.25 3.00 1.00 S.00 3.25 2.25 3.75 1.00 1.60 1.60 1.40 1.60 1.8S 8.2S 1.00 1.10 1.00 1.75 1.2S 1.45 4.00 3.25 3.09 Saturday Evonincr Post nr T.nriiao. tt v.... - . 4iumo JOUrnal adaed tQ any club fQr 5() each Address All Orders to THE COMMONER, Lincoln Neb