File No. 422.11 G 93/607.
The American Chargé
d’Affaires to the Secretary of
State.
No. 197.]
American Legation,
Quito,
March 17, 1913.
Sir: I have the honor, with reference to my
unnumbered despatch of the 11th instant, with which I transmitted a
letter from the American Arbitrator, Dr. Janes, saying that he had
refused to take the oath of office on the occasion that the Judge of
Letters called at his house for the purpose of administering it, to
inform the Department that the next move on the part of the Ecuadorean
Government was to address a note to this Legation (No. 249, dated March
14, 1913) to which the Legation replied by note No. 159 of to-day’s
date. This note was prepared after consultation with Dr. Janes.
I have [etc.]
[Inclosure 1—Translation.]
The Minister for Foreign
Affairs to the American Chargé
d’Affaires.
No. 249.]
Ministry of Foreign Affairs,
Quito,
March 14, 1913.
Sir: I have the honor to transcribe to you
for your information the following communication, No. 171, dated the
13th of the present month, which the Minister of Public Works sent
to me:
The Minister of Foreign Affairs and
Justice: I believe it proper to inform you, in
order that you may bring it to the knowledge of the Chargé
d’Affaires of the United States of North America, that Dr.
Manuel R. Balarezo, Government Attorney, requested the Judge
(Juez de Letras) of the Province of Pichincha to administer
the oath of office to Dr. Henry L. Janes and Dr. Alfredo
Baquerizo Moreno, for the discharge of the important office
of Arbitrators, to which they have been appointed
respectively by the Governments of Ecuador and the United
States of America, for the purpose of deciding the
controversies between the Government of Ecuador and the
Guayaquil and Quito Railway Co. This request was caused by
the consideration that the Agents (having full power of
attorney) and the Attorney of the Guayaquil and Quito
Railway Co. have raised difficulties to having this oath
taken before the Supreme Court.
The Government has designated the Senate Chamber as the
office or meeting-place of the Arbitral Tribunal for the
beginning of its labors.
The Government of Ecuador believes that the Arbitrators
should take the oath of office in conformity with the motion
made by Dr. Balarezo, the Government Attorney, but the
Representative of the Railway Company states that he does
not consent to the oath of office being taken in the manner
indicated above. This opposition prevents the immediate
organization of the Tribunal and commencement of its labors,
which is what the Government of Ecuador has desired and
continues to desire with eagerness.
God and Liberty.
Modesto A. Peñaherrera.
Accept [etc.]
[Inclosure 2.]
The American Chargé
d’Affaires to the Minister for
Foreign Affairs.
No. 159.]
American Legation,
Quito, Ecuador,
March 17, 1913.
Mr. Minister: I have the honor to
acknowledge receipt of the note of your excellency No. 249, of the
14th instant, in which you transcribe at the suggestion of the
Minister for Public Works a communication from that Ministry stating
that proceedings have been initiated before the Second Judge of
Letters of Pichincha Province to the end that the arbitrators
designated according to the terms of Article 27 of the railway
contract of 1897 may enter upon their duties. The Minister for
Pubilc Works adds that this action has been made imperative
[Page 486]
because of difficulties,
which he does not specifically indicate, raised by the
representatives of the Guayaquil and Quito Railway Company in this
important matter, preventing the realization of the original plans,
which were, to have the oath administered as a befitting courtesy by
the President of the Supreme Court of Ecuador.
It cannot but remain a matter of keen regret that there should exist
such an apparent variance of views regarding the character and
dignity of a Tribunal upon which the President of the United States
has, in accordance with a request from the Government of Ecuador
transmitted through official diplomatic channels, named his
representative. The steps which the State’s Attorney of Ecuador has
now inaugurated before the local courts of justice appear strange in
the light of the knowledge of the simple and direct methods which
led to the organization of the previous arbitration in the month of
October, 1907.
In view of the above, and with a desire to clarify the present
situation, I hasten to inform your excellency that the
disinclination of the American Arbitrator to take an oath of office
as arbitrator In the present case before the Judge of Letters, was
due to the natural fear that an erroneous significance might be
attached to such act on his part, particularly by encouraging a
possible misconception as to the generally accepted character of the
arbitration expressly provided for under the contract for the final
settlement of all differences and disputes arising between the
Government of Ecuador and the Guayaquil and Quito Railway.
The American Arbitrator states to me that he has from personal
conversation with his excellency the Minister for Public Works been
greatly gratified to learn that the present action of the State’s
Attorney in petitioning the Judge of Letters in the matter is not to
be construed as implying a submission on the part of the arbitrators
to the jurisdiction of the court by whom the oath is by courtesy
administered, that it is not the understanding of the Government
that the Arbitral Tribunal about to be constituted will be governed
by local laws and procedure, and that the award contemplated by
Clause 27 is de natura unquestionably final.
From this, it would appear that no insuperable obstacles had in fact
presented themselves to the immediate organization of the Arbitral
Tribunal. It accordingly gives me pleasure to inform your excellency
that if the Foreign Office will formally renew this statement to the
Legation, Doctor Janes will be prepared at any time to take the oath
of office, before any officer who is by law empowered to administer
oaths, upon the bases which it is understood by Doctor Janes from
Doctor Penaherrera the parties have already tentatively adopted for
the guidance and assistance of the arbitrators in the discharge of
their high duties.
I avail [etc.]
