In  order  to  determine  with  precision  the  scope  of
the  arbitration  provided  for  in  Article  2  of  the  Pro-
tocol signed  on  this  date,  the  undersigned  agree  to
place  on  record  hereby  the  following  points :

First.  The  following  question,  raised  by  Peru  at  the
session  of  the  Conference  held  on  May  27th  last,  is  in-
cluded in  the  arbitration :

"For  the  purpose  of  determining  the  manner  in
which  the  stipulations  of  Article  III  of  the  Treaty
of  Ancon  shall  be  fulfilled  there  shall  be  submitted
to  arbitration  the  question  whether,  in  the  present
circumstances,  the  plebiscite  shall  or  shall  not  be
held."

The  Government  of  Chile,  on  its  part,  may  present  to
the  arbitrator  all  the  arguments  that  it  may  deem
necessary  to  its  case.
Second.  In  case  that  it  is  decided  that  the  plebiscite
shall  be  held,  the  arbitrator  is  empowered  to  determine
the  conditions  under  which  it  shall  be  held.
Third.  If  the  arbitrator  should  decide  that  the  plebi-
scite shall  not  be  held,  both  parties,  at  the  request  of


701

either  of  them,  shall  discuss  the  situation  created  by
this  decision.
It  is  understood,  in  the  interest  of  peace  and  of  good
order,  that,  in  this  event,  and  pending  an  agreement
as  to  the  disposition  of  the  territory,  the  administra-
tive organization  of  the  provinces  shall  not  be  dis-
turbed.
Fourth.  The  two  Governments  shall  solicit,  in  case
that  they  should  not  reach  an  agreement,  the  good
offices  of  the  Government  of  the  United  States  of
America,  in  order  that  an  agreement  may  be  reached.
Fifth.  The  pending  claims  regarding  Tarata  and
Chilcaya  likewise  are  included  in  the  arbitration,  sub-
ject to  the  determination  of  the  final  fate  of  the  terri-
tory to  which  Article  III-  of  the  said  Treaty  refers.
