723.2515/1438: Telegram
The Secretary of State to the Ambassador in Peru (Poindexter)
29. Your No. 41, April 10, 10 p.m. The Arbitrator’s position is stated clearly in his ruling and award of April 9, in reply to the communication from the Peruvian Defense Commission of April 2. The Department understands that text of this note in full was cabled to Lima by the Associated Press. Inform Department if you are unable to obtain copy from the Associated Press and it will be cabled to you.
The award makes most ample provision for consideration by Plebiscitary Commission of all questions involving qualifications of voters and prevention of fraud, with aim of insuring to every qualified elector the right to vote. Also ample provision is made for appeal from Plebiscitary Commission to the Arbitrator. Department must assume that both parties had confidence in good faith of the Arbitrator in submitting question to him. In the ruling and award of April 9, Arbitrator stated that so far as in him lay, always acting within well-defined limits of terms of submission, he would leave nothing undone which scrupulous care and attention on his part can accomplish in according fair election and equal justice to both parties. The Arbitrator cannot continue indefinitely asserting intention on his part to act fairly and to endeavor to see that rights of both parties will be scrupulously observed. Even less could he state that one side will be protected from so-called “atrocities” on the part of the other. If Peru feels her interests are being prejudiced in Provinces of Tacna and Arica, it seems she might well expedite constitution of Plebiscitary Commission by appointment of Peruvian member; Chilean member has been appointed; the President has appointed his member; and there is nothing further that the Government of the United States can do.