723.2515/1929a: Telegram

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

The following is copy of Arbitrator’s order allowing the recent appeals and determining the time and manner in which and the record upon which the appeals shall be submitted:

“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.

Order Allowing Appeals from Certain Decisions of the Plebiscitary Commission made on the 30th day of January 1926.

Whereas—

(a)
On the 27th day of January 1926 the Plebiscitary Commission adopted registration and election regulations governing the plebiscite.
(b)
On the 30th day of January 1926 the Plebiscitary Commission rejected a Resolution introduced by the Chilean Member requesting certain modifications of Article 5 of said regulations and also rejected a Resolution introduced by the Chilean Member repealing Article 159 (renumbered as Article 123) of said regulations and proposing a new Article in lieu thereof.
(c)
On the 30th day of January 1926 the Plebiscitary Commission rejected a Resolution introduced by the Peruvian Member requesting certain modifications of Article 5 of said regulations.
(d)
On the 4th day of February 1926 the Chilean and Peruvian Members each filed a dissenting opinion and request for certification on appeal setting forth a dissent and appeal from the action of the Commission adverse to their proposals respectively.
(e)
On the 8th day of February 1926 the Plebiscitary Commission certified to the Arbitrator both of said dissenting opinions, together with the documents accompanying them respectively, as presenting questions which involve the interpretation of the award and which are of general importance in respect to the holding or result of the plebiscite.

Now, therefore it is ordered:

1.
That the said appeals be and they are hereby entertained and allowed.
2.
That said appeals shall be determined upon the documents referred to in Section 2 of the Resolution of the Plebiscitary Commission certifying the same, to wit:
(a)
Articles 5 and 159 (the latter renumbered as Article 123) of the registration and election regulations adopted by the Plebiscitary Commission on January 27, 1926.
(b)
The Resolutions introduced by the Chilean and Peruvian Members on January 30, 1926, including the preambles thereof respectively.
(c)
The Chilean Member’s note No. 128 dated February 4, 1926.97
(d)
The Peruvian Member’s note dated February 4, 1926.97

and upon such other document or documents as may be transmitted by cable to the Arbitrator by either or both of the appellants on or before the 14th day of February 1926 in accordance with the provisions of Section 3 of the Resolution of the Plebiscitary Commission certifying said appeals.

3.
That until the further order of determination of the Arbitrator, the Plebiscitary Commission shall proceed with the performance of its duties under the Opinion and Award dated March 4, 1925, and that this Order shall not be construed as suspending its authority.

Calvin Coolidge
Arbitrator.

By the Arbitrator
Frank B. Kellogg
Secretary of State.

February 11, 1926.”

Kellogg
  1. Not printed.
  2. Not printed.