723.2515/1872: Telegram

The Secretary of State to the President of the Plebiscitary Commission (Lassiter)

The following is the Arbitrator’s order:

“In the matter of the arbitration between the Republic of Chile and the Republic of Peru, with respect to the unfulfilled provisions of the Treaty of Peace of October 20, 1883, under the Protocol and Supplementary Act signed at Washington, July 20, 1922.92

Order of the Arbitrator.

Whereas, the Plebiscitary Commission, by Resolution dated December 16, 1925,93 certified and transmitted to the Arbitrator, for such consideration as he might deem proper on his own motion, certain portions of the ‘dissenting opinions and request for certification on appeal’ dated December 11, 1925 and filed by the Chilean Member with the Plebiscitary Commission on December 14, 1925; and

Whereas, the Arbitrator, by his Order of December 22, 1925, reserved for further consideration the question of entertaining an appeal with respect to such matters and directed that in relation thereto the party seeking such appeal should present to the Arbitrator in writing on or before the 15th day of January 1926 a statement showing with suitable precision the action or resolution of the Plebiscitary Commission of which the said party complains; and

Whereas, the Republic of Chile, on the 15th day of January, 1926, presented to the Arbitrator in writing a memorandum and statement relating to the preliminary recitals of the Resolution of the Plebiscitary Commission adopted on December 9, 1925; and

Whereas, it is the opinion of the Arbitrator that the matters so referred to, other than those dealt with in the Opinion and Decision of the Arbitrator made on the 15th day of January 1926, do not call for further action by the Arbitrator.

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Now, therefore, the Arbitrator decides:

That as to those portions of the ‘dissenting opinion and request for certification on appeal’ transmitted to him for such consideration as he may deem proper on his own motion, no appeal is entertained; and orders that in so far as an appeal other than that disposed of by the Arbitrator’s Opinion and Decision of January 15, 1926 may be regarded as pending, the same be and is hereby dismissed. Signed Calvin Coolidge, Arbitrator. By the Arbitrator Frank B. Kellogg, Secretary of State. January 28, 1926.”

  1. For text of treaty, see Foreign Relations, 1883, p. 731; for texts of protocol and supplementary act, see ibid., 1922, vol. i, p. 505.
  2. For text of resolution, see undated telegram from the president of Plebiscitary Commission, ibid., 1925, vol. i, p. 428.