and over such rail and water lines, and to determine all the terms and conditions under which such lines shall be operated in the handling of the traffic embraced. "(c) To establish maximum proportional rates by rail to and from the ports to which the traffic is brought, or from which it is taken by the water carrier, and to determine to what traffic and in connection with what vessels and upon what terms and conditions such rates shall apply. By proportional rates are meant those which differ from the corresponding local rates to and from the port and which apply only to traffic which has been brought to the port or is carried from the port by a common carrier by water. "(d) If any rail carrier subject to the Act to regulate commerce enters into arrangements with any water carrier operating from a port in the United States to a foreign country, through the Panama Canal or otherwise, for the handling of through business between interior points of the United States and such foreign country, the Interstate Commerce Commission may require such railway to enter into similar arrangements with any or all other lines of steamships operating from said port to the same foreign country." The orders of the Interstate Commerce Commission relating to this section shall only be made upon formal complaint or in proceedings instituted by the commission of its own motion and after full hearing. The orders provided for in the two amendments to the Act to regulate commerce enacted in this section shall be served in the same manner and enforced by the same penalties and proceedings as are the orders of the commission made under the provisions of section fifteen of the Act to regulate commerce, as amended June eighteenth, nineteen hundred and ten, and they may be conditioned for the payment of any sum or the giving of security for the payment of any sum or the discharge of any obligation which may be required by the terms of said order. SEC. 12. That all laws and treaties relating to the extradition of persons accused of crime in force in the United States, to the extent that they may not be in conflict with or superseded by any special treaty entered into between the United States and the Republic of Panama with respect to the Canal Zone, and all laws relating to the rendition of fugitives from justice as between the several States and Territories of the United States, shall extend to and be considered in force in the Canal Zone, and for such purposes and such purposes only the Canal Zone shall be considered and treated as an organized Territory of the United States. SEC. 13. That in time of war in which the United States shall be engaged, or when, in the opinion of the President, war is imminent, such officer of the Army as the President may designate shall, upon the order of the President, assume and have exclusive authority and jurisdiction over the operation of the Panama Canal and all of its adjuncts, appendants, and appurtenances, including the entire control and government of the Canal Zone, and during the continuance of such condition the governor of the Panama Canal shall, in all respects and particulars as to the operation of such Panama Canal, and all duties, matters, and transactions affecting the Canal Zone, be subject to the order and direction of such officer of the Army. SEC. 14. That this Act shall be known as, and referred to as, the Panama Canal Act, and the right to alter, amend, or repeal any or all of its provisions or to extend, modify, or annul any rule or regulation made under its authority is expressly reserved. ARBITRATION CONVENTION BETWEEN THE UNITED STATES OF VENEZUELA 1 AND THE UNITED STATES OF BRAZIL Signed at Caracas, April, 30, 1909; ratifications exchanged, January 8, 1912 The Acting President of the United States of Venezuela and the President of the United States of Brazil, desirous to conclude an arbitral convention in accordance with the principles enunciated in Articles XV to XIX and in Article XXI of the Convention for the Peaceful Settlement of International Disputes, signed at The Hague the 29th day of July, 1899, have duly authorized the undersigned: Dr. Francisco González Guinán, Minister of Foreign Relations of the United States of Venezuela, and Don Luiz R. de Lorena Ferreira, Envoy Extraordinary and Minister Plenipotentiary of the United States of Brazil to the United States of Venezuela; Who have agreed upon the following articles: 1 Gaceta Oficial of Venezuela, January 9, 1912, No. 11,508. ARTICLE I Differences which may arise of a legal nature, or relating to the interpretation of treaties existing between the high contracting parties, and which it may not have been possible to settle by diplomacy, shall be submitted to the Permanent Court of Arbitration at The Hague; provided, that they do not affect the vital interests, the independence or the honor of the high contracting parties, and do not concern the interests of third parties. It is also understood that if one of the two high contracting parties should choose to do so, any arbitration provided for in this convention shall be first submitted to the chief executive of a friendly state or before arbitrators chosen without restriction to the list of the above named Permanent Court of Arbitration at The Hague. ARTICLE II In each individual case the high contracting parties, before appealing to the Permanent Court of Arbitration of the Hague, or to other arbitrators or to a sole arbitrator, shall conclude a special agreement defining clearly the matter in dispute, the scope of the powers of the arbitrator or arbitrators, and the periods to be fixed for the formation of the arbitral tribunal and the several stages of the procedure. It is understood that such special agreements shall be entered into by the presidents of the respective states and shall be subjected to the formalities which the respective constitutional laws of the two countries require for such purposes. ARTICLE III The present convention shall remain in force for the period of five years from the date of the exchange of the ratifications thereof and if not denounced six months before the expiration of the above named period it shall continue in force for one additional year, and so on in the future. ARTICLE IV The present convention shall be ratified by the President of the United States of Venezuela in accordance with the constitution and laws of this state, and by the President of the United States of Brazil with the authority of the Federal Congress thereof. The ratifications shall be exchanged in the city of Caracas as soon as possible and the convention shall become effective immediately upon the exchange of said ratifications. In witness whereof, we, the undersigned, sign the present treaty in duplicate, in Spanish and Portuguese, and affix thereto our seals. Done in the City of Caracas on the 30th day of April, 1909. (L. S.) F. GONZÁLEZ GUINÁN. (L. S.) Luiz R. DE LORENA FERREIRA. |