714.1515/1090a: Telegram
The Secretary of State to the Ambassador in Frame ( Edge )
151. Please communicate following as soon as possible to the Honorable Charles E. Hughes, Chief Justice of the United States, who is now motoring in northern France, Belgium or the Rhineland, and whose address is care of Bankers’ Trust Company, 5 Place Vendome, Paris:
“After six months negotiations in an endeavor to settle the boundary dispute between Guatemala and Honduras, a direct settlement not having been possible, the Delegates of the two countries have agreed on an arbitration treaty.
There is a difference between them as to whether the International Central American Tribunal established at the Conference on Central American Affairs, February 7th, 1923, has jurisdiction or not, but they have agreed to submit this question of competency to a Special Tribunal to be composed in the same manner as the International Central American Tribunal, provided that the Chief Justice of the United States is the third and presiding member. This Special Tribunal will determine the competency of the Central American Tribunal. If the Special Tribunal decides that the Central American Tribunal has jurisdiction, it will immediately constitute itself as the Central American Tribunal to determine the question at issue between them. If it decides that the Central American Tribunal has not jurisdiction, then the Special Tribunal will proceed to a consideration of the boundary dispute. It is provided that the Special Tribunal will meet, if it is possible, within sixty days following the exchange of ratifications of the Convention which they hope to sign on or about the fifteenth of this month. Provision is made that while the Parties are bound by the dates fixed the Tribunal can change them in order to meet with your convenience if you will accept to act as Presiding Judge. In other words, should the sixty days fall within your holiday next year, the court would not meet until the date fixed by you at your convenience in the following autumn.
I have been requested by both Parties to communicate with you and inquire whether you will permit them to provide in the treaty that the Chief Justice of the United States shall be the third arbitrator who will preside over the Tribunal.
I may say that there was very considerable difficulty in bringing them to an agreement on the Tribunal in view of their difference of opinion as to whether or not the Central American Tribunal is competent. Guatemala insisted upon the competency of the Central American Tribunal whereas Honduras desired the arbitration to be before a Special Tribunal presided over by you. Guatemala stated that it would accept the compromise arrangement of arbitrating the competency of the Central American Tribunal on the condition that the third arbitrator should be the Chief Justice of the United States. This was readily accepted by Honduras. After six months of negotiations it was the first point on which they were able to agree.
May I ask you to be so good as to transmit your reply to me through any of our diplomatic or consular officers who will cable it to me.”