chosen by common agreement between the two governments. The expenses of the commission shall be paid by the two governments in equal proportion. The international commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment.2 ARTICLE III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the international commission for investigation and report. The international commission may, however, act upon its own initiative, and in such case it shall notify both governments and request their coöperation in the investigation. The report of the international commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each government, and the third retained by the commission for its files. The high contracting parties reserve the right to act independently on the subject-matter of the dispute after the report of the commission shall have been submitted. ARTICLE IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof; and by the President of the Republic of Guatemala, with the approval of the Congress thereof; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. 2 The time within which the organization of the commission may be completed was extended by exchanges of notes of November 3, 1915, and June 1, 1916, from February 13, 1915, to July 1, 1916. (Treaty Series, Nos. 598-A and 598-B.) Done in Washington on the 20th day of September, in the year of our Lord nineteen hundred and thirteen. [SEAL.] WILLIAM JENNINGS BRYAN. [SEAL.] JOAQUÍN MÉNDEZ. TREATY BETWEEN HONDURAS AND THE UNITED STATES FOR THE ADVANCEMENT OF PEACE 1 Signed at Washington, November 3, 1913; ratifications exchanged, July 27, 1916 The United States of America and the Republic of Honduras, being desirous to strengthen the bonds of amity that bind them together and also to advance the cause of general peace, have resolved to enter into a treaty for that purpose and to that end have appointed as their plenipotentiaries: The President of the United States, the Honorable William Jennings Bryan, Secretary of State; and The President of Honduras, Señor Doctor don Alberto Membreño, Envoy Extraordinary and Minister Plenipotentiary of Honduras to the United States; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I The high contracting parties agree that all disputes between them, of every nature whatsoever, which diplomacy shall fail to adjust, shall be submitted for investigation and report to an international commission, to be constituted in the manner prescribed in the next succeeding article; and they agree not to declare war or begin hostilities during such investigation and report. ARTICLE II The international commission shall be composed of five members, to be appointed as follows: one member shall be chosen from each country, by the government thereof; one member shall be chosen by each government from some third country; the fifth member shall be chosen by com 1 U. S. Treaty Series, No. 625. mon agreement between the two governments. The expenses of the commission shall be paid by the two governments in equal proportion. The international commission shall be appointed within four months after the exchange of the ratifications of this treaty; and vacancies shall be filled according to the manner of the original appointment. ARTICLE III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods, they shall at once refer it to the international commission for investigation and report. The international commission may, however, act upon its own initiative, and in such case it shall notify both governments and request their coöperation in the investigation. The report of the international commission shall be completed within one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties shall extend the time by mutual agreement. The report shall be prepared in triplicate; one copy shall be presented to each government, and the third retained by the commission for its files. The high contracting parties reserve the right to act independently on the subject-matter of the dispute after the report of the commission shall have been submitted. ARTICLE IV The present treaty shall be ratified by the President of the United States of America, by and with the advice and consent of the Senate thereof, and by the Congress of the Republic of Honduras; and the ratifications shall be exchanged as soon as possible. It shall take effect immediately after the exchange of ratifications, and shall continue in force for a period of five years; and it shall thereafter remain in force until twelve months after one of the high contracting parties have given notice to the other of an intention to terminate it. In witness whereof the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals. Done in Washington on the third day of November, in the year of our Lord nineteen hundred and thirteen. WILLIAM JENNINGS BRYAN. [SEAL.] [SEAL.] TREATY BETWEEN ITALY AND THE UNITED STATES FOR THE ADVANCEMENT OF PEACE 1 Signed at Washington, May 5, 1914; ratifications exchanged, March 19, 1915 The President of the United States of America and His Majesty the King of Italy, being desirous to strengthen the bonds of amity that bind the two countries, and also to advance the cause of general peace, have resolved to enter into a treaty for those purposes, and to that end have appointed as their plenipotentiaries: The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State; and His Majesty the King of Italy, His Excellency the Marquis Cusani Confalonieri, Commander of the Order of Saint Maurice and Saint Lazarus, Grand Cordon of the Order of the Crown of Italy, etc., His Ambassador Extraordinary and Plenipotentiary at Washington; Who, after having communicated to each other their respective full powers, found to be in proper form, have agreed upon the following articles: ARTICLE I The high contracting parties engage to submit for investigation and report to a commission, to be constituted according to the provisions of the following article, all differences of whatever nature they may be which may occur between them which can not be composed by diplomatic methods or are not submitted to a tribunal of arbitration; they bind themselves not to declare war nor to open hostilities during the examination by the commission and before the commission has presented its report. ARTICLE II The international commission shall be composed of five members appointed according to the following rules: Each country, by means of its government, chooses two members, one from among its own subjects, the other from among those of a third state; the two governments, after agreement, will name the fifth member, on condition, however, that he be not a citizen of either of these two countries. Each commissioner shall hold his place during a term of four 1 U. S. Treaty Series, No. 615. years; at the expiration of this term, or in the event of vacancy, the confirmation or the substitution of the commissioner whose term may have expired or whose place may be vacant shall be made in the same manner. Each of the high contracting parties shall have the right, before the investigation has begun, to substitute for one of the members of the commission appointed by it another one chosen from the category to which the commissioner to be replaced belonged. When the commissioners be actually occupied in the examination of a question they shall receive a compensation which will be mutually agreed upon by the high contracting parties. The expenses of the commission shall be borne by the two governments in equal proportion. The international commission shall be appointed within six months after the exchange of the ratifications of this treaty.2 ARTICLE III In case the high contracting parties shall have failed to adjust a dispute by diplomatic methods or by means of a tribunal of arbitration, it shall at once be referred, either by common agreement or by one or the other party, to the international commission for investigation and report. The commission must inform the two governments of the date on which it will begin its labors, inviting them to furnish it with all the documents and to lend it the coöperation necessary for the investigation. The high contracting parties engage to furnish all the documents and to afford all facilities for the investigation and the report, provided that in their judgment this does not conflict with the laws or with the supreme interests of the state, and provided that the interests and rights of third states shall not thereby suffer damage. In the absence of an agreement to the contrary between the high contracting parties, the commission will itself adopt regulations governing its procedure. The report of the commission must be presented within a period of one year after the date on which it shall declare its investigation to have begun, unless the high contracting parties may have shortened or prolonged by mutual agreement this term. The report shall be prepared in The time within which the organization of the commission may be completed was extended by an exchange of notes of September 18, 1915, from September 19, 1915 to January 1, 1916. (Treaty Series No. 6151⁄2). |