Page images

Conference on Limitation of Armament. First plenary session, November 12, 1921. 55 p. (English and French.) Paper, 15c. State Dept.

Second plenary session, November 15, 1921. 23 p. (English and French.) Paper, 10c. State Dept.

Third plenary session, November 21, 1921. 35 p. (English and French.) Paper, 15c. State Dept.

Note: There were seven plenary sessions in all, held on Nov. 12, 15, 21, Dec. 10, 1921, and Feb. 1, 4, and 6, 1922, respectively. It was originally intended to publish the proceedings of each session in the same form as used for the first three, but the plan was changed, and the last four will not be so published. The proceedings of all seven sessions, in English, are in Senate Document No. 126, 67th Congress, 2d session (above noted) and will be in the full proceedings which will be issued later.-Monthly Catalogue U. S. Public Documents, Feb. 1922, p. 475.

Report of American delegation of proceedings of Conference, February 9, 1922. 132 p. State Dept.

Foreign service of United States. Report to accompany H. R. 10213 relative to foreign intercourse of United States. February 22, 1922. 5 p. (H. rp. 646, pt. 1); minority report, February 9, 1922. 4 p. (H. rp. 646, pt. 2.) Foreign Affairs Committee.

Haiti. Inquiry into occupation and administration of Haiti and Santo Domingo. Hearings, 1922. pt. 3. 813-1197 p. Select Committee.

Message of President transmitting copy of commission of Gen. Russell, high commissioner to Haiti, pursuant to provisions of treaty between United States and Haiti, September 16, 1915. February 23, 1922. 2 p. (S. doc. 143.) State Dept.

Protocol between United States and, establishing Claims Commission, signed October 3, 1919. 1922. 9 p. (S. doc. 135.) Senate.

Treaty between United States and, finances, economic development, and tranquility of Haiti, signed September 16, 1915. 10 p. (S. doc. 136.) Senate.

Immigration. Conditions among migrants in Europe, operation of three percentum immigration act, monthly quota tables, etc. Hearings, December 13, 1921-February 13, 1922. 504 p. Immigration and Naturalization Committee. (Serial 1-B).

Report to accompany H. J. Res. 268 extending operation of Immigration Act of May 19, 1921. February 17, 1922. 11 p. (H. rp. 710.) Immigration and Naturalization Committee.

Inter-American High Commission. Meeting of Central Executive Council, Washington, D. C. February 2, 1922. 8 p. Treasury Dept. (Same in Spanish.)

Inter-American High Commission. Meeting of United States Section, Washington, D. C., January 23, 1922. 10 p. Treasury Dept.

Treasury Dept. (Same in Spanish.)

Liberia. Hearings on H. J. Res. 270 to establish credit with United States for Government of Liberia. March 22 and 24, 1922. 141 p. Ways and Means Committee.

Migratory Bird Treaty. Proclamation further amending regulations of July 31, 1918. March 8, 1922. (No. 1622.) State Dept.

Opium. Report to accompany H. R. 2193 to amend act to prohibit importation and use of opium for other than medicinal purposes. March 27, 1922. 20 p. (H. rp. 852.) Ways and Means Committee.

Pacific Islands Treaty. Response to resolution asking for information relating to Four-Power Treaty and supplementary agreement. February 20, 1922. 1 p. (S. doc. 130.) State Dept.

Letter to H. C. Lodge with reference to notes delivered by Government to Minister for Foreign Affairs of Netherlands and to Portuguese Government relative to respecting their rights in relation to their insular possessions in region of Pacific Ocean. 1922. 3 p. (S. doc. 128.) State Dept.

Passports. Executive order amending order of August 8, 1921 concerning travel between United States and neighboring countries. February 1, 1922. . (No. 3629.) State Dept.

Russia. Act to authorize President to transfer medical supplies for relief of distressed and famine stricken people of Russia. Approved January 20, 1922. 1 p. (Public 129.) 5c.

St. Lawrence waterway. Report concerning improvement of river between Montreal and Lake Ontario for navigation and power. 1922. 184 p. 2 pl. 8 maps. (S. doc. 114.) Paper, 25c. International Joint Commission.

Shantung, Treaty between China and Japan for settlement of outstanding differences relating to, with agreement supplementary thereto, concluded at Washington, February 4, 1922.14 p. (S. doc. 166.) Senate.

Shipping. Report on history of shipping discriminations and on various forms of government aid to shipping. 1922. 44 p. Shipping Board.







Award rendered October 11, 1921

Considering that by a compromis signed at Lima on February 2, 1914,2 the Government of the French Republic and the Government of Peru have agreed to submit to an arbitral court constituted according to the summary procedure provided for in Chapter IV of The Hague Convention of October 18, 1907, for the Pacific Settlement of International Disputes, various claims of French citizens against Peru;

Considering that in execution of this compromis the following have been appointed arbitrators, By the Government of the French Republic:

M. Louis Sarrut, First President of the Court of Cassation at Paris; By the Government of Peru: M. Federico Elguera, formerly Minister Plenipotentiary and Mayor

of Lima; Considering that these arbitrators have agreed to choose as umpire M. Frédéric Ostertag, President of the Swiss Federal Court;

Considering that the two governments have respectively appointed as agents and counsel, The Government of the French Republic: M. Jules Basdevant, Professor

in the Faculty of Law at Paris; The Government of Peru: M. Luis Varela Orbegoso, chargé d'affaires of Peru at Brussels, agent, and M. Maurice Sand, advocate at the Court

of Appeals at Brussels, counsel; Considering that by agreements made between France and Peru on September 9, 1914, October 10, 1919, and June 28, 1920, the periods of delay respectively provided for by the said compromis for the deposit of the cases and counter-cases have been successively prolonged;

Considering that under date of January 31, 1920, the agent of the Government of the French Republic has regularly deposited in the International

1 Translated from the official French text published by the Bureau International de la Cour Permanente d'Arbitrage.

Printed in the SUPPLEMENT to this JOURNAL, Vol. 8 (1914), p. 240.

Bureau of the Permanent Court of Arbitration the cases relative to the aforementioned claims;

Considering that under date of January 26, 1921, the agent of the Government of Peru has regularly deposited in the International Bureau of the Permanent Court of Arbitration the counter-cases and documents relative to the aforementioned claims;

Considering that in conformity with the said compromis the parties have submitted to the Court motions provided with reasons;

Considering that the Court, constituted as stated above, has met at The Hague in the Palace of the Permanent Court of Arbitration on October 3, 1921;

The Arbitral Court, With regard to Dreyfus Brothers and Company; Whereas, by contract under date of August 17, 1869, the State of Peru sold to Dreyfus Brothers and Company 2 million tons of guano, the profit of Dreyfus Brothers and Company to result from the resale, for which a monopoly was granted to them in the markets of Europe and its colonies;

Whereas, Dreyfus Brothers and Company have bound themselves expressly to advance the sums necessary for the purposes of a loan;

Whereas, on the occasion of this contract and others that modified it, numerous disputes were brought before the Peruvian courts;

Whereas, on April 4, 1879, war broke out between Peru and Chile; whereas, at the end of the month of December, 1879, when the legal government had disappeared, Nicolas de Piérola seized the power and was proclaimed supreme chief of the republic;

Whereas, on April 3, 1880, Dreyfus Brothers and Company wrote to President de Piérola “that they entrusted to him the decision of the questions in dispute and that they accepted his decision in advance"; whereas, by letter of April 13, President de Piérola "using his exceptional powers, undertook the solution," and consequently, rendered from April 13 to November 18, 1880, various decisions which, passing judgment on all the points in dispute, fixed the balance of the credit of Dreyfus Brothers and Company on June 30, 1880, at the sum of 16,908,564.62 soles (sixteen million nine hundred eight thousand five hundred sixty-four Peruvian soles and sixty-two centavos), or £3,214,388.11.5 Sterling (three million two hundred fourteen thousand three hundred eighty-eight pounds sterling eleven shillings and five pence), approved by the Court of Accounts and confirmed by an authentic act, received on December 1, 1880, by Me. Suarez, notary;

Whereas, Nicolas de Piérola was proclaimed supreme chief of the Republic by popular assemblies and maintained by numerous plebiscitary adhesions; whereas, he exercised the legislative power, the executive power and, in part, the judicial power; whereas, on June 28, 1881, he voluntarily resigned these functions but was immediately invested with the presidency of the Republic by the National Assembly; whereas, his government was recognized especially by France, England, Germany and Belgium; whereas, finally, the High Court of Justice of England (decree of February 23, 1888), the Court of Appeals of Brussels (decree of July 10, 1888), the Franco-Chilean Arbitral Court (award called Award of Lausanne of July 5, 1901), being decrees and an award of which the Arbitral Court adopts the reasons, have deemed that this government represented and bound the nation;

Whereas, it is of slight importance that a Peruvian law of October 25, 1886, declared "all the internal acts of the government performed by Nicolas de Piérola null," since this law can not be applied to foreigners who treated in good faith;

Whereas, consequently, the credit of Dreyfus Brothers and Company has been legally and finally fixed at the sum above stated;

Whereas, it is in order to add to this sum: the sums entered in the state ments of account (1) from July 1 to December 31, 1880, (2) from January 1 to June 30, 1881, (3) from July 1 to December 31, 1887, (4) from January 1 to June 30, 1889, (5) from July 1 to December 31, 1912, but, whereas, it is in order to deduct therefrom the sums paid by virtue of the award of the Franco-Chilean Arbitral Court, under date of July 5, 1901;

Whereas, since no settlement has intervened, the French Government and the Peruvian Government signed on May 7, 1910, a protocol called Guillemin-Porras, according to which "with a view to securing admission to the official quotation of the Paris Stock Exchange of the loan that it was negotiating with French financial establishments, the Peruvian Government consented to the levy, on the proceeds of the loan, of the sum of 25,000,000 francs, in order to indemnify the French creditors represented by the Banque de Paris et des Pays-Bas (to wit, Dreyfus Brothers and Company, Financial and Commercial Company of the Pacific, the Widow Philon Bernal (Hautier) and Gilliard). With regard to the other claims which French nationals have made against the State of Peru, the Peruvian Government agreed to submit them to the judgment of an arbitral court, the duty of which it was to render judgment on the validity of the claims and on the possible amount of indemnities to be allotted”; but, whereas, the Peruvian Congress refused to approve the loan and, consequently, this protocol lapsed;

Whereas, on December 31, 1912, the following Peruvian law was promulgated: "The executive power is authorized to submit, in agreement with the Government of the French Republic, to the Arbitral Court of The Hague, the claims of the French creditors represented by the Banque de Paris et des Pays-Bas, stating in the protocol which shall be signed to this effect that in no case will the Government of Peru consent to be bound to make a disbursement exceeding 25,000,000 francs in this connection; it is, likewise, authorized to submit, if it deems it necessary, in agreement with the same French Government, to the Arbitral Court all other French claims that may be in suspense and that appear to be well founded";

Whereas, in conformity with this law there was signed on February 2, 1914,

« PreviousContinue »