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There had been two abortive attempts to do so through arbitral commissions, which failed through lack of jurisdiction.
But, to my mind, a provision, far more objectionable than the antiquated and unsatisfactory method of arbitration provided, was that which made an arbitral award reviewable on appeal to the Body of Delegates of the League, which could set aside the award even if the arbitrators had rendered a unanimous decision and compel a rehearing before other arbitrators.
Ultimately, I hope, we shall come to submit our quarrels to an international arbitral court that will have power finally to decide upon the limits of its own jurisdiction, and in which the form of procedure by the complaining country shall be fixed, and the obligations of the country complained of, to answer in a form prescribed, shall be recognized and definite, and the judgment shall be either acquiesced in, or enforced.
It needed just those things which the American delegates to the Conference of 1907 had advocated the establishment of a Permanent Court of Arbitral Justice; an International Prize Court; an agreement for the protection of private property at sea in time of war; the further study and discussion of the question of the reduction of armaments by the nations; and so on.
In the matter of the claim of John Celestine Landreau against the Government of Peru, which claim arises out of certain contracts and transactions in connection with the discovery and exploitation of guano, and which has been under discussion between the two Governments since 1874, I am glad to report that as the result of prolonged negotiations, which have been characterized by the utmost friendliness and good will on both sides, the Department of State has succeeded in securing the consent of Peru to the arbitration of the claim, and that the negotiations attending the drafting and signature of a protocol submitting the claim to an arbitral tribunal are proceeding with due celerity.
The exception was the arbitral award of the San Domingo Improvement Company, which determined that in case of the nonpayment of any of the monthly instalments a financial agent, to be named by the United States government, was to enter into possession of the Puerto Plata custom-house.
This step was hailed by the public as going a long way towards the settlement of labor disputes by arbitral boards. The latest victory of the Brotherhoods, however, has shaken public confidence and has ushered in a new era of brotherhood influence and Federal interference in railroad matters. In 1916, the four Brotherhoods threatened to strike.
There was a second article in the treaty, which provided that in each case a special agreement should be concluded defining clearly the matter in dispute, the scope of the powers of the arbitrator, the periods to be fixed for the formation of the arbitral tribunal, and the several stages of the procedure.
In its enumeration and discussion of the difficulties to be met in the application of principles, and of the attitude of most agencies of wage settlement it is particularly interesting. American Economic Review, June, 1916. J. N. Stockett, "Arbitral Determination of Railway Wages," page 75. Resolution No. 18 offered to 1920 Convention, Cigar Makers Official Journal, May 15, 1920.
"In so doing it assumes that, as a matter of course, the arbitral decision shall not be admitted to have the importance of a general decision on the permissibility or the converse under international law of German submarine warfare."
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