File No. 2540/87–89.
Minister Fox to the
Secretary of State.
American Legation,
Quito, October 7,
1907.
No. 121.]
Sir: I have the honor to inform the department
that the arbitration tribunal with regard to the controversy between the
Government of Ecuador and the Guayaquil and Quito Railway Company was
installed on Saturday, October 5, at 4 p.m. Upon official invitation
extended to Dr. Cesar Borja, the arbitrator appointed by the President
of Ecuador, and myself, we both met at the office of the minister for
foreign relations in this capital and there presented our credentials,
which were found to be in due form.
Minutes of the meeting were prepared and signed by Luis Felipe Carbo,
minister for foreign relations; Cesar Borja, arbitrator on the part of
Ecuador; Williams C. Fox, arbitrator on the part of the United States;
and L. E. Bueno, undersecretary of state for foreign relations, who will
act temporarily as secretary of the tribunal until such an official has
been selected.
I am forwarding under separate cover a joint communicationa to the honorable Secretary of
State signed by Doctor Borja and myself. A similar communication has
been sent to the minister for foreign relations of Ecuador.
Under arrangement, agreed upon, the Guayaquil and Quito Railway Company
will be formally advised of the organization of the tribunal through the
minister of public works of Ecuador.
I have, etc.,
[Inclosure 1.—Translation.]
[From El Tiempo, October 7,
1907.]
arbitration tribunal.
By the minutes, which we publish below, our readers will learn that
the tribunal of arbitration which is to settle the controversies
between the Government and the South Railway Company is already in
the full exercise of its functions.
The tribunal is formed on the part of the United States by its
minister plenipotentiary in Ecuador, his excellency Williams C. Fox,
esq., an eminent citizen who has rendered important services to his
country, who has attended as its representative the international
congresses held at Mexico and Rio Janeiro, and who has long been
chief of the International Bureau of American Republics.
His spirit tuned to the strictest principles of justice and the
conscientious study he has made of the matters now submitted to his
judgment are the surest pledge that his decision will be given in
perfect justice to the rights of each of the contending parties. And
respecting Doctor Borja, the arbitrator on the part of the
Ecuadorian nation, what can we say that has not already been said to
strengthen the confidence which all of us Ecuadorians repose in
him?
Superior intelligence, undoubted patriotism, right judgment, firmness
of character are qualities which heighten the personality of our
compatriot, and which he will have to employ in the delicate and
honorable charge the nation has committed to him.
For that reason we may rest tranquil in the assurance that his
present labors will fully satisfy our aspirations and those of the
Government that to-day rules the destinies of the country.
Let us wait.
[Page 391]
[Inclosure 2.]
arbitration tribunal—opening
minutes.
In Quito, the capital of the Republic, and in the Department of
State, on the 5th day of October of the year 1907, with the object
of proceeding to organize the arbitration tribunal, which, according
to article 27 of the contract made between the Government of Ecuador
and the Guayaquil and Quito Railway Company, must settle the
controversies or disagreements between the two contracting parties,
there met together Their Excellencies Williams C. Fox, esq., envoy
extraordinary and minister plenipotentiary of the United States of
North America, arbitrator on the part of the Government of that
nation, and Cesar Borja, arbitrator by that of Ecuador. Received by
the minister for foreign affairs, the appointments and full powers
of the arbitrators duly presented and found in due order, the
arbitration tribunal was solemnly declared open. In sign of which
the present minutes are signed by the minister of state, the
arbitrators, and the undersecretary for foreign affairs.
(Signed)
L. F.
Carbo.
(Signed)
César
Borja.
(Signed)
Williams C. Fox.
(Signed)
L. E.
Bueno.
