Evening Star Newspaper, January 4, 1929, Page 11

ARBITRATION PACT AIDS PEACE CAUSE Republics Condemn War for Conciliation as National Policy. Text of General Treaty to Provide Arbitration The text of the general -American arbitration follows a, Chile Peru, iador, raguay, | r the Do- nican Republic, Cuba and the United States of Americ: represented at the conference on conciliation and arbitra- 1ion, assembled at Washington, pur- ant to the resolution adoptcd on F ary 18, 1928, by the Sixth Inter mal Conference of American States | held in the City of Havana: “In accordance with the solemn dec- | #arations made at the said conference to | the effect that the American republics | condemn war as an instrument of tional policy and adopt obligatery bitration as the means for the set ment of their international ditferences aty of in- er; od that the republics governed by the prin- institutions and practices of de- and bound furtk y mu- | ests, which are increasing each the neces ance of continental harmony whenever differences which are susceptible of ju- | wdicial decision arise among them: “Conscious of the great moral and material benefits which peace offers to humanity and that the sentiment and ‘opinion "of America demnd, without | delay, the organization of an arbitral | weystem which shall strengthen the per- | !manent reign of justice and law; . “And animated by the purpose of giv- @ing conventional form to these postu- lates. and aspirations with the mini- ymum exceptions which they have con- isidered indispensable to safeguard the 'independence and sovereignty of the states and 1n the most ample manner |possible under present international | conditions, have resoived to effect the | present treaty and for that purpose |have designated the plenipotentiaries | hereinafter named; ! *“Who, after having deposited their | full powers, found in good and due form | iby the conference, have agreed upon the | following: ARTICLE I *“The high contracting parties bind | themselves to submit to arbitration all differences of an international char- acter which have arisen or may arise between them by virtue of a claim of | right made by one against the other | junder treaty or otherwise, which it has | not ben possible to adjust by diplomac; and which are juridical in their natur Iby reason of being susceptible of de- | cision by the application of the prin- |ciples of law. | “There shall be considered as in- | cluded among the questions of judicial | character: | *(a) The interpretation of a treaty. | “(b) Any question of international | (c) The existence of any fact which, ]u’ established, would constitute a breach of an international obligation. “(d) The nature and extent of the {reparation to be made’for the breach ‘of an international obligation. | “The provisions of this treaty shall | inot preclude any of the parties, be- ‘fore resorting to arbitration, from hav- ing recourse to procedures of investiga- | ‘tion and conciliation established in conventions then in force between them. ARTICLE II “There are excepted from the stipula- tions of this treaty the following con- | troversies: | “(a) Those which are within the | domestic jurisdiction of any of the parties to the dispute and are not con- | trolled by international law; and *“(b) Those which affect the interest | 'or refer to the action of a state not a | party to this treaty. ARTICLE IIL | “The arbitrator or’ tribunal who shall | decide the controversy shall be designat- | ed by agreement of the parties. “In the absence of an agreement the following procedure shall be adopted: “Each party shall nominate two ar- | bitrators, of whom only one may be a national of said party or selected from the persons whom said party has designated as members of the perma- nent Court of Arbitration at the Hague. | The other member may be of any other American nationality. These arbitrators shall in turn select a fifth arbitrator, ! ' who shall be the president of the court. “Should the arbitrators be unable to reach an agreement among themselves i for the selection of a fifth American | bitrator, or in lieu thereof, of an- | other who is not, each party shall | designate a non-American member of | the permanent Court of Arbitration at the Hague, and the two persons so ! designated shall seiect the fifth arbitra- tor, who may be of any nationality other than that of a party to the dispute. y ARTICLE IV. “The parties to the dispute shall| formulate by common accord, in each case, a special agreement which shall clearly define the particular subject matter of the controversy, the seat of the court, the rules which will be ob- | served in the proceedings and the other conditions to which the parties may | agree. “If an accord has not been reached with regard to the agreement within three months reckoned from the date of the installation of the court, the agreement shall be formulated by the i court. ARTICLE V, | “In case of death, resignation or in- capacity of one of the arbitrators the | vacancy shall be filled in the same | manner as the original appointment. | ARTICLE VI. “When there are more than two states directly interested in the same controversy, and the interests oi two or more of them are similar, the state or states who are on the same side of the question may increase the number of arbitrators on the court, provided that in all cases the parties on each ! side of the controversy shall appoint an equal number of arbitrators. There shall also be a presiding arbitrator se- . lected in the same manner as that pro- vided in the last paragraph of Article !! 111, the parties on each side of the con- | troversy being regarded as a single designation therein described. ARTICLE VIL i “The sward, duly ! notified to the parties, settles the dis- ! pute definitely and without appeal. Dif- ! ferences which arise with regard to its interpretation or cxecutioh shall be submitted to the decision of the court which rendered the award. ARTICLE VIIL “The reservations made by one of the high contracting parties shall have the effect that the other contracting parties | strength to the action of the commis- | settlement from the moment that the party for the purpose of making the ! pronounced and | by the high contracting parties in con- formity with their respective constitu- | tional procedures. | The original treaty and the instru- ments of ratification shall be deposited in the Department of State of the United States of America, which shall give notice of the ratifications through dipiomatic channels to the other signa- tory governments and the treaty shall r into effect for the high contracting in the order thai they deposit ¢ ratifications This treaty shall remain in force lefinite t may be denounced by ar’s previous notice, at| { which it shail cease| regards the party de- me, but shall remain | rds the other signatories. | denunciation shall be| Department of State | es of America, which | will transmit it for appropriate action | to the oth gnatory governments. Any American state not a signator | of thig treaty may adhere to the same by transmitting the official instrument | setting forth such adherencs #o the De- | partment of State of the United States | of America, which will noti_y the other high contracting parties thereof in the manner herefofore mentioned. “In wilness whereof the above men- tioned plenipotentiaries have signed this treaty in Spanish, English, Portuguese | and French and hereunto affix their respective seals. “Done_at Washington, on day of January, 1929.” tion expir be. in nein, this third | Following is the text of the general conventlon on inter-American concilia- o governments of Venezuela, Chile, Bolivia, Uruguay, Costa Rica, Peru, as, Guatemala, Hayti, Ecuador, Colombia, Brazil, Panama, Paraguay. Nicaragua, Mextco, Ei Salvador, the Dominican Republic, Cuba and the United States of America, Tepresented at, the Conference on_ Conciliation and Arbitration, assembled at Washington, pursuant to the resolution adopted on February 18, 1928, by the sixth Inter- national Conference of Americait States held in the city of Havana. ~ “Desiring .to _demonstrate that th condemnation of war as an instrument of national policy in their mutual rela- tions, set forth in the above mentioned resolution, constitutes one of the funda- mental bases of inter-American relations; “Animated by the purpose of promot- ing, in every possible way. the develop- ment of international methods for the pacific settlement of difference between he states; ‘Being convinced that the ‘treaty to avold or prevent conflicts between the American states,’ signed at Santiago de Chile, May 3, 1923, constitutes a notable achievement in inter-American rela- tions, which it is necessary to maintain by giving additional prestige and ion established by articles III and IV of the aforementioned treaty, the text and appendix of which are hereby con- firmed: “Acknowledging the need of giving conventional form to those purposes, have agreed to enter into the present convention, for which purpose they have ppointed plenipotentiaries, who, after having deposited their full powers, which were found to be in good and due form by the conference, have agreed as follows: ARTICLE L “The high contracting parties agree to submit to the procedure of concilia- tion established by this convention all controversies of any kind which may arise between them for any reason and which it may not have been possible to (] THE EVENING STAR, WASHINGTON, D. C., FRIDAY, JANUARY 4, 1929.° law, ARTICLE X. “As soon as possible after the termi- natfon of its labors the commission shall transmit to the parties a certified copy of the report and of the bases of settlement which it may propose. “The commission in transmitting the report and the recommendation to the parties shall fix a period of time, which shall net exceed six months, within which the parties shall pass upon the bases of settlement above referred to. ARTICLE XI. “Once the period of time fixed by the commission for the parties to make their decisions has expired, the com- mission shall set forth in a final act the decision of the parties, and if the con- cillation has been effected, the terms of the settlement. ARTICLE XII “The obligations set forth in the sec- ond sentence of the first paragraph of article I, of the Treaty of Santiago de Chile. of May 3. 1923, shall extend to the time when the final act referred to in the preceding article is signed. ARTICLE XIIT. is under way it shall be interrupted o:.ly by a direct settlement between the parties or by their agreement to accept absolutely the decision ‘ex aequo et bono’ of an American chief of state or to submit the controversy to arbitration or to an international court. ARTICLE XIV. “Whenever for any reason the treaty of Santiago de Chile of May 3, 1923, does not apply, the commission referedr to in article II of this convention shall be organized to the end that it may ex- ercise the conciliatory functions stipu- lated in this convention; the commis- [sion shall be organized in the same | manner as that prescribed in article IV of sald treaty. “In such cases the commission thus | organized shall be governed in its opera- tion by the provisions relative to con- ciliation of this convention. ARTICLE XV. “The provisions of the preceding article also shall apply with regard to the permanent commissions constituted by the aforementioned treaty of Santi- ago de Chile, to the end that said com- missions may exercise the conciliatory functions prescribed in article III of his convention. C From_ settle through diplomatic channels. ARTICLE II “The commissions of inquiry to be established pursuant to the provisions of article IV of the treaty signed in Santiago de Chile on May 3, 1923, shall likewise have the character of com- mission of conciliation. ARTICLE III. “The permanent commissions which have been established by virtue of article III of the treaty of Santiago de Chile, May 3, 1923, shall be bound to exercise conciliatory functions, either on their own motion when it appears that there is a prospect of disturbance of peaceful relations, or at the request of a party to the dispute. ARTICLE IV. “The conciliatory functions of the commission described in article II shall be exercised on the occasions herein- after set forth: “], The commission shall be at lib- erty to begin its work with an effort to conciliate the differences submitted to its examination with a view to arriving at a settlement between the parties. “2, Likewise the same commission shall be at liberty to endeavor to con- ciliate the parties at any time which in the opinion of the commission may be considered to be favorable in the course of the investigation and within the period of time fixed therefor in article V of the treaty of Santiago de Chile of May 3, 1923. “3. Finally, the commission shall be bound to carry out its conciliatory func- tion within the period of six months, which is referred to in article VII of the treaty of Santiago de Chile of May 3, 1923. “The parties to the controversy may, however, extend this time if they so agree and notify the commission in due time. ARTICLE V. “The present convention does not preclude the high contracting parties, or one or more of them, from tendering their good offices or their mediation, jointly or severally, on their own mo- tion or at the request of one or more of the parties to the controversy; but the high contracting parties agree not to ‘make use of those methods of pacific commission described in article II is organized until the final act referred to| in article XI of this convention is| signed. ARTICLE VI “The function of the commission, as an organ of conciliation, in all cases specified in article 1I, of this conven- tion, is to procure the conciliation of the differences subject to its examina- tion by endeavoring to effect a settle- ment between the parties. “However, when the commission finds itself to be within the case foreseen in paragraph 3 of article I of this con- vention, it shall undertake a con- scientious and impartial examination of the questions which are the subject | of the controversy, shall set forth in a report the results of its proceedings, and shall propose to the parties the bases of a settlement for the equitable solution of the controversy. ARTICLE VIL “Except when the parties agree other- wise, the decisions and recommenda- tions of any commission of conciliation shall be made by a majority vote. ARTICLE VIIL “The commission described in article II of this convention shall establish its rules of procedurc. In the absence of agreement to the contrary, the pro- cedure indicated in article IV of the Treaty of Santiago de Chile of May 3, 1923, shall be followed. “Each party shall bear its own ex- penses and a proportionate share of the general expenses of the commission. ARTICLE . “The report and the récommendations _ Men’s Suit Your size is here in “Once the procedure of conciliation | ARTICLE XVI. “The present convention shall be ratified by the high contracting parties |in conformity with their respective | constitutional procedures, provided that they have previously ratified the treaty | of Santiago de Chile of May 3, 192: “The original convention and the instruments of ratification shall be de- posited in the ministry of foreign affairs |of the Republic of Chile, which shall | give notice of the ratifications through diplomatic channels to the other signa- | tory governments and the convention shall enter into effect for the high con- tracting parties in the order that they | deposit_their ratifications. | “This convention shall remain in | force indefinitely, but it may be de- nounced by means of notice given one |year in advance, at the expiration of | which it shall cease to be in force as but shall remain in force as regards the other signatories. Notice of the denun- ciation shall be addressed to the min- istry for foreign affairs of the Republic jof Chile, which will transmit it for ap~ propriate action to the other signatory | governments. | “Any American state not a signatory of this convention may adhere to the rument setting forth such adherence, to the ministry for foreign affairs of the Republic of Chile, which will notify the other high contracting parties thereof in the manner heretofore men- tioned. “In witness whereof the above men- | tioned plenipotentiaries have _signed | this convention in Spanish, English, Portuguese and French and hereunto affix their respective seals. “Done at Washington, on this third day of January, 1929." Text of Protocol Signed By Bolivia and Paraguay ‘The text of the protocol signed by | Bolivia and Paraguay yesterday follows: “His excellency, Mr. Frank B. Kel- Conference of American States on Con- ciliation and Arbitration. His excel- lency, Senor Eduardo Diez de Medina, envoy extraordinary and minister pleni- potentiary of Bolivia, and the Hon. Dr. Juan Vincente Ramirez, charge daf- faires of Paraguay, having met at the Pan-American Union Building, the chairman stated that, being moved by e Department First Floor variety of models and pat- terns—and with many of the Suits extra trousers are included, Of course, no charge for alterations. | regards the party denouncing the same, | ame by transmitling the official in- | logg, the chairman of the International | a spirit of peace, American harmony and brotherhood the conference has of- fered its good offices to the governments of the republics of Bolivia and Para- guay who, being animated by the same spirit, have accepted the same. “The two representatives of Bolivia and Paraguay, in accord with their re- spective governments, deem it advisable that a commission of investigation and conciliation establish the facts which | have caused the recent conflicts which have unfortunately occurred. “The represenative of Balivia states that the commission on investigation should ascertain how it happened that, notwithstanding the pacific relations existing between Bolivia and Paraguay and _inspite of the agreement signed | at Buenos Aires on July 12, 1928, { whereby both countries obligated them- ences by peaceful means, Paraguay. in violation of said agreement, without | previous declaration of hostilities and |in an unfounded and violet man- | ner ordered that the Bolivian outpost | Vanguardia be attacked and razed by regular forces of the Paraguayan army |on the fifth of the last month of De- | cember. “The representative of Paraguay denies that his country has committed any aggression whatever and affirms that Paraguay has always maintained itself within juridical standards and the | loyal fulfillment of pacts in force. “He adds that it was Bolivia that carried on acts of provocation and of aggression by penetrating, with its |armed forces, into the territory pos- sessed by Paraguay, not only in the case of the Vanguardia outpost, in which said forces were the first to open fire upon the Paraguayan troops, but that, before that time, it made sev- eral incursions in said territory, estab- lishing new outposts, That after the events which took place at the Van- guardia outpost forces of the Bolivian sessed by Paraguay, attacking outposts and bombarding Paraguayan positions That the commission should fully in- vestigate all these facts and the legal antecedents in order to establish upon which nation the responsibility falls and which of them is bound to make the proper reparations. “Therefore, the governments of Bo- livia and Paraguay agree upon the fol- lowing provisions: “First—To organize a commission on investigation and conciliation which shall be composed as follows: “(a) Two delegates each from the AVEN | capacitated delegate shall be replaced, selves to settle their territorial differ- | regular army invaded the territory pos- 1 governments of Bolivia and Paraguay, and “(b) One delegate appointed by the governments of each of the following five American republics: United States of America, Mexico, Colombia, Uru- guay and Cuba. All of the said dele- gates, once they have entered upon the discharge of their duties, shall remain in office until the procedure contem- plated in this protocol is carried out, except in the case of proven illness. In case of said illness or because of any other reason of force majeure, the in- as soon as possible, by the government of the country by which he was ap- pointed. “Second—The commission on inves- tigation and concillation shall under- take to investigate, by hearing both sides, what has taken place, taking into consideration the allegations set forth by both parties and determining. in the end, which of the parties has brought about a change in the peaceful rela- tions between the two countries. “Third—The commission shall fulfill its mission within a period of six months from the date of its organi- zation, “Fourth—The procedure of the in- vestigation shall be that agreed upon by the commission itself. “Fifth—Once the investigation has been carried out, the commission shall submit proposals and shall endeavor to settle the incident amicably under conditions which will satisfy both | parties. If this should not be possible, the commission shall render its report, setting forth the result of its investiga- tion and the efforts made to settle the incident. “Sixth—The commission is empow- ered, in case it should not be able to effect conciliation, to establish both the truth of the matter investigated and the responsibilities which, in accordance with international law, may appear as a result of its investigation. “Seventh—The commission shall be- | gin its work in Washington. | “Eighth—The governments of Bolivia | and Paraguay bind themselves to sus- | pend all hostilities and to stop all con- | centration of troops at the points of contact of the military outposts of both countries, until the commission renders | its findings; the commission of investi- gation and conciliation shall be em- | powered to advise the parties concerning measures designed to prevent a recur- | rence of hostilities. “Ninth—It is understood that the | procedure contained in this protocol | does not include nor affect the terri- | - Boys’ Clothing Department Second Floor The entire stock of Suits and Overcoats is in- cluded—sizes from 8 to 18 years. $13.50 Suits and Overcoats. .. $9.75 $35 and $40 Suits. .. ..$29.50 $45 and $50 Suits. . ..$39.50 $60 and $65 Suits. . . ..$49.50 575100 Suits ... oA .$59.50 Odds and ends of various lots of $19.50 Suits of various grades. $25.00 Small lot of Full Dress and Tuxedo $17.50 Suits that were $38, $45 and $50. Small lot of Chauffeurs’ Uniforms —$35 Whipcords. Men’s Overcoat Department Third Floor Plain and fancy — single and double breasted; regular and raglan shoulders. All are Overcoats from our regular stock. $35 Overcoats . ...........$29.50 $40 Overcoats ....... ....$34.50 $45 Overcoats . ...........$39.50 Many $50 and $75 Overcoats Are Equally Reduced Group of $40 Topcoats are inicluded ‘at . ... a0 2824750 are not bound with respect to the party . making the reservations to the of the commission, in s far as it may be acting as an organ /of conciliation, aote $15.00 Suits and Overcoats. $18.00 Suits and Overcoats. $20.00 Suits and Overcoats. $22.50 Suits and Overcoats. $25.00 Suits and Overcoats. $30.00 Suits and Overcoats. .$11.75 .$13.75 .$15.75 .$18.75 .$21.75 .$24.75 aTeTeTete s Novelty Juvenile Suits Second Floor Those that were $5.00, now. . ........$3.25 Those that were $6 and $7.50, now. .. .$4.75. Those that were $8 and $10, now. .. .. .$6.25 Boys’ Shirts and Blouses Second Floor The entire remaining stock Shirts and Blouses— $1 and $1>5 grades. . ... $1.50 and $1.65 grades. . $1.75 and $2.00 grades. $2.25 and $2.50 grades. ..$1.85 $3.00 and $3.50 grades. .$2.65 Ali Boys’ Fancy Sweaters—Y; Off! Boys’ Cotton Golf Hose—39c of boys’ fancy ..$115 ..$1.55 The Avenue at Ninth THREE VITAL DOCUMENTS ADOPTED BY PAN-AMERICAN CONFERENCE of the facts or as regards questions of | torial question, as contended by Bolivia, | tioned representatives of Bolivia and and of boundaries, as contended by | Paraguay have signed this protocol. Paraguay, which exists between both| “Done at the City of Washington countries, nor does it include or affect | this third day of January, one thou- the agreements in force between them. !sand nine hundred and twenty-nine.” “Tenth—The high contracting parties | reiterate their firm purpose of having sald controversy settled, in any event, | by juridical means and in perfect peace and friendship between the two countries. “The present protocol shall remain deposited in the archives of the Gov- ernmnt of the United States. “In witness whereof the above men Burchell’s Famous Bouquet Coffee 40c Lb. Quality Never Better 666 Colds, Grippe, Flu, Dengue, Bilious Fever and Malaria 1t is the eedy remedy known l | 'N. W. Burchell 817-19 Fourteenth St. Special! 20% Discount On Cleaning and Dyeing of Ladies’ Dresses Coats Wraps Scarfs Slippers Hats Kimonos January 2nd to 19th, Inclusive FOOTER’S America’s Best Cleaners and Dyers 1332 G St. N.W. Phone Main 2343 1784 Col. Road Phone Col. 720 Right in the Midst of Our Semi-Annual Clearance The term “Sale” has a definite meaning as the P-B Store uses it. Radical store-wide reductions are involved— in which you are the direct beneficiaries—for in the genuineness of our purpose we take account of nothing but prompt and complete clearance. It's when the character of the merchandise is considered that the opportunity attains to the e;itraordinaryl Men’s Haberdashery First Floor . This is your opportunity to fill in the deficiencies in your wardrobe. Shirts Plain and Fancy Shirts.-. .. .. 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