Page:The American Cyclopædia (1879) Volume I.djvu/671

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AEAUCO AEBITEATION 635 size, not in villages, but in the centre of their plantations. They raise wheat, maize, and barley, peas and beans, potatoes, cabbages, and fruit, as well as flax, and keep numbers of cat- tle and horses. Before the arrival of the Eu- ropeans they wove ponchos and coarse woollen cloths of very good workmanship. Their lan- guage is very wide-spread, and had nine recog- nized dialects. It was spoken from lat. 25 S. to Cape Horn, and eastward to Buenos Ayres. The best grammar is the Chilian grammar of Febres (Lima, 1765; Santiago, 1846). Mo- lina's account has been accused of exaggera- tion, and may be compared with the works of Gilj, Havestadt, Falkner, &c. In 1861 a Frenchman named De Tonneins, having ingra- tiated himself with the tribes, was proclaimed king of Araucania under the title of Orelie An- toine I. He was soon at war with Chili, and was captured in January, 1862, on Araucanian territory. The arrest was pronounced illegal, but the Chilian government held him some time as a lunatic, permitting him finally to go to France, where the validity of his regal title was formally recognized in the course of a lawsuit. He published Orelie- Antoine I", roi d 1 Araucanie et de Patagonie, et sa captivite au Chili (1863). He afterward returned to Arau- cania, and in 1869-'70 was again at war with Chili ; but in 1871 he was once more in France, and began publishing an official Araucanian journal at Marseilles, striking medals, estab- lishing orders of knighthood, &c. He left in Araucania a deputy, one Planchut, who soon usurped the regal title. ARAUCO, a southern province of Chili, di- vided into the three departments of Arauco, Laja, and Nacimiento ; area, 13,500 sq. m. ; pop. in 1868, 82,709, besides some 35,000 In- dians. Capital, Arauco, on a bay of the same name, 300 m. S. of Valparaiso. This province was created by decree of Dec. 7, 1852; but the Araucanian Indians still maintain their independence in the interior. AKAXKS (now Aras), a river in Armenia, ris- ing about 25 m. from Erzerum, in lat. 41 30' N., Ion. 41 10' E., between the E. and AV. branches of the Euphrates. It flows E., S. E., and N. E., and after a course of about 425 m. unites with the Kur about 75 m. from its mouth in the Caspian. It is notable for the impetuosity of its current. Virgil describes it as " disdaining a bridge," but it is now crossed by four stone bridges. There can be little doubt that the Aras is the river descended by He- rodotus under the name of Araxes, although Eennell thinks the Jaxartes was meant ; and it has been supposed also to be the Oxus, and even the Volga. By Araxes Xenophon proba- bly intended the Chaboras, an affluent of the Euphrates. The river now known as the Ben- damir was also called Araxes. It rises in central Persia, flows past the ruins of Perse- polis, and after a course of about 150 m. falls into the salt lake of Bakhtegan or Negris, in lat. 29 30' N., Ion. 52 30' E. ARBACES, the founder of the Median empire, according to Ctesias, who asserts that Arbaces, jointly with Belesis of Babylon, captured Nine- veh and overthrew the empire of Sardanapa- lus (876 B. C.), that he reigned 28 years, and that his dynasty numbered eight kings. These statements differ from those of Herodotus. ARBALAST, or Crossbow. See AECHEEY. ARBELA, the ancient name of Arbil or Erbil, a small village in Turkish Kurdistan, which lies on the usual route between Bagdad and Mosul, about 40 m. E. by S. of the latter city, in lat. 36 11' N., according to- the elder Niebuhr's observations. The third and last of the great battles between Alexander and Darius (331 B. C.) is called after this place, though it was not actually fought at Arbela, but at a place 36 m. W. by N. called Gaugamela, now Karmelis. ARBITER, a Eoman umpire, chosen by an agreement (in the Eoman law compromissum) between contending parties, to decide their differences. His decision was called the arbi- trium. Such a judge, chosen by the parties themselves, was an arbiter receptm. An arbiter datus was appointed by the prator to decide in matters purely of equity, while the judex deci- ded in matters of law and precedent. The du- ties and rights of these officers, with the extent to which the decisions of an arbiter could be en- forced, were sharply defined by the Roman law. ARBITRATION, the decision by a private per- son of matters of difference submitted to him by the parties. Eeferences differ from arbitra- tions in that they are made with the sanction of the court, or at least are more directly un- der its control, and are govered by the rules of law more strictly than arbitrations are. The law is not disposed to take away the ordinary means of relief by action or other proceedings at law, unless suitors have clearly signified their intention to give them up in favor of arbitration. The New York court of ap- peals has held void an article of the constitu- tion of a grand lodge of odd fellows, which created certain members a tribunal to pass upon violations of the rules of the order, with power to forfeit the delinquents' right to property. Even if the defendants had signed such a constitution, the court said it would be against public policy to hold them bound by it, and that courts would not enforce the de- cision of tribunals created by private compact, except in those cases where the parties had expressly submitted to arbitration definite mat- ters of controversy. In a recent case in New York city, the court held that the so-called " arbitration clause" in the articles of associa- tion of the board of brokers could have no other effect than an ordinary agreement to submit; and the court declined to give a remedy against a member of the board who declined to submit to its jurisdiction, for that was only the exercise of the ordinary power of revocation. As a general rule, all matters in dispute concerning personal rights which may be the subject of actions may be referred to