dispute or difficulty cannot be satisfactorily
settled by the ordinary processes of negotia-
tion, to submit the whole subject-matter to
arbitration and to carry out in full good
faith any award or decision that may be
rendered.

In case of arbitration, the matter or mat-
ters at issue shall be referred to three arbi-
trators, one of the three to be selected by
each of the parties to the dispute, when
there are but two such parties, and the third
by the two thus selected. When there are
more than two parties to the dispute, one
arbitrator shall be named by each of the
several parties and the arbitrators thus
named shall add to their number others
of their own choice, the number thus added
to be limited to the number which will
suffice to give a deciding voice to the arbi-
trators thus added in case of a tie vote among
the arbitrators chosen by the contending
parties. In case the arbitrators chosen by
the contending parties cannot agree upon
an additional arbitrator or arbitrators, the
additional arbitrator or arbitrators shall be
chosen by the Body of Delegates.

On the appeal of a party to the dispute
the decision of the arbitrators may be set
aside by a vote of three-fourths of the Dele-
gates, in case the decision of the arbitrators
was unanimous, or by a vote of two-thirds
of the Delegates in case the decision of the
arbitrators was not unanimous, but unless
thus set aside shall be finally binding and
conclusive.

When any decision of arbitrators shall have been thus set aside, the dispute shall

Bullitt Exhibit No. 4-Continued.

as in the so-called Peace Treaties of the United States.

Further, the Executive Council is not a
body equipped for such inquiry. The
Powers concerned always and naturally
desire to be represented in the inquiring
body, which should be able to meet in any
part of the world which the Executive
Council could not well do.

Accordingly, a series of paragraphs are
suggested which embody the principles,
and with some necessary modifications
because of the multiple character of the
Covenant, the language, of the Peace
Treaties.

The substance of these provisions is a
procedure of inquiry, followed by six
months of renewed negotiations, during
which periods there is to be no resort to
force.

Such provisions of course permit the
Parties to resort to any form of arbitration,
if they so desire.

or to begin hostilities or to declare war pending the investigation and report of said Commission.

Each Contracting Power shall, by appoint-
ment made within one month after ratifica-
tion by it of this Covenant designate one
Commissioner as a member of the Commis-
sion mentioned in the preceding paragraph.
Each Contracting Power may remove at any
time, before investigation begins, the Com-
missioner appointed by it, appointing his
successor upon the same occasion. Any
vacancy shall be filled in the same manner
as the original appointment.

The Commission sitting in the investiga-
tion of a dispute and reporting thereon,
shall consist of those Commissioners ap-
pointed by the Parties to the dispute,
together with a like number of Commis-
sioners chosen, one by each Party, and
together with one Commissioner chosen by
agreement of the Parties.

Failing any designation, appointment or
choice under either of the two preceding
paragraphs, such designation, appointment
or choice as the case may be shall be made
by vote of the Executive Council.

The expenses of the Commission in any
investigation and report shall be paid by
the Parties to the dispute, in equal propor-
tions.

The Commission, in any investigation and
report, shall make their own rules of proce-
dure.

Any decision or conclusion of the Commission and the terms of its report shall be adopted by a majority thereof.

in be sagaubmitted to arbitrators chosen as
heretofore provided, none of whom shall,
however, have previously acted as arbi-
trators in the dispute in question, and the
decision of the arbitrators rendered in this
second arbitration shall be finally binding
and conclusive without right of appeal.

If for any reason it should prove imprac-
ticable to refer any matter in dispute to
arbitration, the parties to the dispute shall
apply to the Executive Council to take the
matter under consideration for such media-
tory action or recommendation as it may
deem wise in the circumstances. The
Council shall immediately accept the refer-
ence and give notice to the other party or
parties, and shall make the necessary
arrangements for a full hearing, investiga-
tion, and consideration. It shall ascertain
all the facts involved in the dispute and
shall make such recommendations as it
may deem wise and practicable based on
the merits of the controversy and calculated
to secure a just and lasting settlement.
Other members of the League shall place
at the disposal of the Executive Council
any and all information that may be in
their possession which in any way bears
upon the facts or merits of the controversy;
and the Executive Council shall do every-
thing in its power by way of mediation or
conciliation to bring about a peaceful
settlement. The decisions of the Executive
Council shall be addressed to the disputants,
and shall not have the force of a binding
verdict. Should the Executive Council
fail to arrive at any conclusion, it shall be
the privilege of the members of the Execu
tive Council to publish their several con

In case of failure to agree upon the diplo-
matic solution of a dispute the Contracting
Powers, Parties to the dispute, shall submit
it to said Commission for investigation and
report. The convocation of the Commission
may be made by any Party. The Commis-
sion shall by preference sit in the country
in which there are the greater facilities for
the investigation, and the Contracting
Powers shall furnish all the means and
facilities required for the investigation and
report. The report of the Commission shall
be presented within a year counted from
the date at which the Commission shall
declare, by a declaration filed with the
Secretariat of the League of Nations, that
its work is begun, unless a prolongation of
the time shall be accorded by the Parties.
This report, which is purely advisory and
does not bind the Parties as to any questions
at issue, shall be prepared in various origi-
nals, one of which shall be presented to
each of the Parties and the other shall be
presented to the Executive Council.

After presentation of the report mentioned
in the preceding paragraph, six months'
time will be given to renewed negotiations in
order to bring about a solution of the ques-
tion in view of the findings of said report;
and if after this new term the Parties should
be unable to reach a friendly arrangement,
they will proceed to submit the dispute to
arbitration under the terms of any conven-
tion in force between them which they
agree covers the question or questions
investigated; if not so submitted to arbitra-
tion, and thereby amicably adjusted, any
Party may proceed to submit the dispute
to the Executive Council for consideration

clusions or recommendations; and such publications shall not be regarded as an unfriendly act by either or any of the disputants.

Bullitt Exhibit No. 4-Continued.

The second paragraph provides for "com-
pulsory" arbitration in certain cases, the
classes of which are stated. The difficulty
with all such classifications is that they are
extraordinarily difficult of application.
Frequently the parties do not agree as to
precisely what the dispute involves, or
within what classification of disputes it
would fall.

Inquiry serves to clear up such questions
and is desirable on that account alone.
One natural tendency of such inquiry there-
fore is to lead to arbitration by consent, in
which case the procedure agreed on by the
Parties is not material.

But while in form, the second paragraph
provides for "compulsory" arbitration (the
third, fourth and fifth paragraphs providing
for the procedure), the final paragraph of the
Article recognizes that the arbitration must
really be voluntary, by the words "if for
any reason it should prove impracticable to
refer any matter to arbitration.'
"" One such
reason would be that one or more of the
Parties did not consider the dispute one
within those agreed to be arbitrated, which
would always be the case when one Party
did not want arbitration.

It is accordingly submitted that arbitra-
tion of disputes should be in form, as in fact,
voluntary, as the disputes which will be
arbitrated cannot be determined in advance.
Further, that inquiry should be necessary
in all cases not submitted to arbitration,

during a period of three months, for such
mediatory action or recommendation as
the Executive Council may deem wise in
the circumstances. The Executive Council
shall immediately accept the reference and
give notice to the other Party or Parties,
and shall make the necessary arrangements
for a full hearing, investigation and con-
sideration. The Executive Council shall
ascertain all the facts involved in the dis-
pute and shall make such recommendations
as it may deem wise and practicable based
on the merits of the controversy and calcu-
lated to secure a just and lasting settlement.
Other members of the League shall place
at the disposal of the Executive Council
any and all information that may be in
their possession which in any bears upon
the facts or merits of the controversy; and
the Executive Council shall do everything
in its power by way of mediation or concilia-
tion to bring about a peaceful settlement.
The recommendations of the Executive
Council shall be addressed to the disputants,
and shall not have any binding force.
Should the Executive Council fail to arrive
at any conclusion, it shall be the privilege
of the members of the Executive Council to
publish their several conclusions or recom-
mendations; and such publications shall not
be regarded as an unfriendly act by either
or any of the disputants.

and that after inquiry, if agreement does not
result, the Executive Council should take
the dispute under consideration, sub-
stantially as provided in the final para-
graph of the Article.

Accordingly, the suggestion is that the
provisions for so-called "compulsory" arbi-
tration and the procedure thereon be omitted
and that the procedure of inquiry and sub-
sequent reference to the Executive Council
be adopted as reaching the same results.

Incidentally this would avoid objections
which have been successfully raised, and
always will be raised in the Senate, to bind-
ing and self-operative arbitration treaties.

An additional clause providing for the
preservation of rights during dispute by the
familiar means of a modus vivendi is sug-
gested.

Finally there is suggested a Covenant
against hostilities, which goes at least as
far as the Covenant in the first paragraph of
this Article.

The Contracting Powers severally cov-
enant that while Parties to a dispute which
is pending, and during the periods men-
tioned in the two preceding paragraphs,
they will not do or omit any act the Com-
mission or omission of which would tend
to prejudice the position or final rights of any
other Party to the dispute, and that the
terms of a modus vivendi shall be agreed
upon, preserving the rights of the Parties,
pending and until the final determination
of the dispute. In any case where the
Parties are unable to agree upon the terms
of such a modus vivendi, the terms thereof
shall be formulated by the Commission and
a modus vivendi embodying these terms
shall be executed by the Parties and carried
out by them in good faith.

The Contracting Powers severally cov-
enant that while Parties to a dispute sub-
mitted to the Commission or under con-
sideration by the Executive Council they
will not commit any hostile act or commence
hostilities or declare war against any other

ARTICLE VI.

Should any Contracting Power break or
disregard its covenants under Article V, it
shall thereby ipso facto become at war with
all the members of the League, which shall
immediately subject it to a complete
economic and financial boycott, including
the severance of all trade or financial rela-
tions, the prohibition of all intercourse
between their subjects and the subjects of
the covenant-breaking State, and the pre-
vention, so far as possible, of all financial,
commercial, or personal intercourse between
the subjects of the covenant-breaking State
and the subjects of any other State, whether
a member of the League of Nations or not.

It shall be the privilege and duty of the
Executive Council of the Body of Delegates
in such a case to recommend what effective
military or naval force the members of the
League of Nations shall severally contribute,
and to advise, if it should think best, that
the smaller members of the League be
excused from making any contribution to
the armed forces to be used against the
covenant-breaking State.

Bullitt Exhibit No. 4-Continued.

First Paragraph:

COMMENT.

This Article provides by way of sanction
for the breach of any covenant under the
preceding Article, for an ipso facto war by
all other members of the League upon the
covenant-breaking State.

Doubtless the covenants referred to are
those against committing hostilities, al-
though there are covenants of another
nature in the preceding Article as drawn.

A substantial objection to such a pro-
vision is that it would be void if contained
in a treaty of the United States, as Congress
under the Constitution has the power to
declare war. A war automatically arising
upon a condition subsequent, pursuant to a
treaty provision, is not a war declared by
Congress.

It is not doubted that by treaty the United
States could agree to declare war under cer-
tain circumstances. If the circumstances
arose, the failure of Congress to declare war
would be a breach of the treaty; provisions
of such nature are frequently found in
treaties of alliance, which are within the
treaty-making clause of the Constitution.