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mitted for examination and report to a permanent international commission constituted in the manner prescribed in the following articles; likewise the high contracting parties agree not to resort, with respect to each other, to any acts of force during the examination to be made by the commission and before its report is handed in.

ARTICLE II

The international commission shall be composed of five members appointed as follows: each government shall designate two members; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the commission; he shall perform the duties of president.

The two governments shall bear by halves the expenses of the commission.

The commission shall be organized within six months from the exchange of ratifications of the present convention.

The members shall be appointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed.

Any vacancies which may arise shall be filled in the manner followed for the original appointment.

ARTICLE III

In case a difference should arise between the high contracting parties which is not settled by diplomatic methods, each party shall have a right to ask that the examination thereof be intrusted to the international commission charged with making a report. Notice shall be given to the president of the international commission, who shall at once communicate with his colleagues.

As regards the procedure which it is to follow, the commission shall as far as possible be guided by the provisions contained in Articles 9 to 36 of Convention 1 of The Hague of 1907.

The high contracting parties agree to afford the commission, as fully as they may think possible, all means and all necessary facilities for its examination and its report.

The work of the commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the high contracting parties should agree to set a different period.

The conclusion of the commission and the terms of its report shall be adopted by a majority. The report, signed only by the president acting by virtue of his office, shall be transmitted by him to each of the contracting parties.

The high contracting parties reserve full liberty as to the action to be taken on the report of the commission.

ARTICLE IV

The present treaty shall be ratified by the President of the United States of America, with the advice and consent of the Senate of the United States, and by His Majesty the Emperor of all the Russias.

It shall go into force immediately after the exchange of ratifications and shall last five years.

If it has not been denounced at least six months before the expiration of this period it shall be tacitly renewed for a period of twelve months after either party shall have notified the other of its intention to terminate it.

In witness whereof, the respective plenipotentiaries have signed the present treaty and have affixed thereunto their seals.

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Signed at Washington, September 15, 1914; ratifications exchanged

December 21, 1914.

The President of the United States of America and His Majesty the King of Spain, desiring to strengthen the friendly relations which unite their two countries and to serve the cause of general peace, have decided to conclude a treaty for these purposes and have consequently appointed the plenipotentiaries designated hereinafter, to-wit:

The President of the United States of America, the Honorable William Jennings Bryan, Secretary of State of the United States; and

His Majesty the King of Spain, His Excellency Señor Don Juan Riaño y Gayangos, His Ambassador in Washington;

1U. S. Treaty Series, No. 605.

Who, after exhibiting to each other their full powers, found to be in due and proper form, have agreed upon the following articles:

ARTICLE 1

Any disputes arising between the Government of the United States of America and the Government of Spain, of whatever nature they may be, shall, when ordinary diplomatic proceedings have failed and the high contracting parties do not have recourse to arbitration, be submitted for investigation and report to a permanent international commission constituted in the manner prescribed in the following article.

The high contracting parties agree not to resort, with respect to each other, to any act of force during the investigation to be made by the commission and before its report is handed in.

ARTICLE 2

The international commission shall be composed of five members appointed as follows: each government shall designate two members, only one of whom shall be of its own nationality; the fifth member shall be designated by common consent and shall not belong to any of the nationalities already represented on the commission; he shall perform the duties of president.

In case the two governments should be unable to agree on the choice of the fifth commissioner, the other four shall be called upon to designate him, and failing an understanding between them, the provisions of Article 45 of The Hague Convention of 1907 shall be applied.

The commission shall be organized within six months from the exchange of ratifications of the present convention.2

The members shall be appointed for one year and their appointment may be renewed. They shall remain in office until superseded or reappointed, or until the work on which they are engaged at the time their office expires is completed.

Any vacancies which may arise (from death, resignation, or cases of physical or moral incapacity) shall be filled within the shortest possible period in the manner followed for the original appointment.

The high contracting parties shall, before designating the commis

2 The time within which the organization of the commission may be completed was extended by an exchange of notes of November 16, 1915, from June 21, 1915, to February 15, 1916. (Treaty Series, No. 605-A.)

sioners, reach an understanding in regard to their compensation. They shall bear by halves the expenses incident to the meeting of the commission.

ARTICLE 3

In case a dispute should arise between the high contracting parties which is not settled by the ordinary methods, each party shall have a right to ask that the investigation thereof be intrusted to the international commission charged with making a report. Notice shall be given to the president of the international commission, who shall at once communicate with his colleagues.

In the same case the president may, after consulting his colleagues and upon receiving the consent of a majority of the members of the commission, offer the services of the latter to each of the contracting parties. Acceptance of that offer declared by one of the two governments shall be sufficient to give jurisdiction of the case to the commission in accordance with the foregoing paragraph.

The place of meeting shall be determined by the commission itself.

ARTICLE 4

The two high contracting parties shall have a right, each on its own part, to state to the president of the commission what is the subjectmatter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the action of the commission.

ARTICLE 5

As regards the procedure which it is to follow, the commission shall as far as possible be guided by the provisions contained in Articles 9 to 36 of Convention 1 of The Hague of 1907.

The high contracting parties agree to afford the commission all means and all necessary facilities for its investigation and report.

The work of the commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the high contracting parties should agree to set a different period.

The conclusion of the commission and the terms of its report shall be adopted by a majority. The report, signed only by the president acting by virtue of his office, shall be transmitted by him to each of the contracting parties.

ARTICLE 3

Differences that may happen to occur between the high contracting parties and should fail of settlement by diplomatic methods shall be forthwith referred to the examination of the international commission which will undertake to make a report. By a note addressed to the International Bureau of the Permanent Court at The Hague, which shall communicate it without delay to both governments, the president may remind the parties that the services of the international commission are at their disposal.

ARTICLE 4

The two high contracting parties shall have a right, each on its own part, to state to the president of the commission what is the subjectmatter of the controversy. No difference in these statements, which shall be furnished by way of suggestion, shall arrest the action of the commission.

In case the cause of the dispute should consist of certain acts already committed or about to be committed, the commission shall as soon as possible indicate what measures to preserve the rights of each party ought in its opinion to be taken provisionally and pending the delivery of its report.

ARTICLE 5

As regards the procedure which it is to follow, the commission shall as far as possible be guided by the provisions contained in Articles 9. to 36 of Convention 1 of The Hague of 1907.

The high contracting parties agree to afford the commission all means and all necessary facilities for its investigation and report.

The work of the commission shall be completed within one year from the date on which it has taken jurisdiction of the case, unless the high contracting parties should agree to set a different period.

The conclusion of the commission and the terms of its report shall be adopted by a majority. The report, signed only by the president acting by virtue of his office, shall be transmitted by him to each of the contracting parties.

The high contracting parties reserve full liberty as to the action to be taken on the report of the commission.

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