Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-12-24
TINE GENEIA 4 WARD.

The a,str;bption of the Geneva Award got
an unexpeeted airing in Congress last week.
The French Spolia,ion bill being under dis.
cyssion, Senator Thurman in his speech sug-
gested similarity between the claims in that
bill and those under the Geneva award by
the insurance companies. This opened the
subject. Immediately after the morning
hour Window, who has charge of the Indian
Appropriation bill, moved to postpone the
French Spoliations bill in order that the for
mer might be disposed Of On this motion
the merits of the bill or anything else might
be debated, and Morton caused to be read
for information an amendment which he de-
sired to offer to the French Spoliations bill to
prevent insurance companies which had
charged special war premiums from claiming
any part of the money appropriated, holding
that the rights of the owners reverted to them.
Senators who opposed this amendment did
so on the ground that it was part Of every
insurance contrac, that, in case of destruction
of the property and the payment of the insur-
ance, all rights of the owner for the recovery
of damages from others reverted to the in
surer. In short. they pleaded the principle
of suhrogat;on. Those who sustained the
ans ndment argued that this principle or doc
trine did not extend to any claim upon the
Government of the United States, since the
owners of the vessels had no original claim
upon the United States. Beside all this,
thew showed that it would be very unjust to
tax the people to pay three or four million
dollars to be divided among insurance COM
panies which grew rich by the very transae-
tons in which the losses claimed took place.
The correspondent of the Tribune says,
sit is obvious that there will be an interesting
controversy in Congress this winter over the
disposition of the award by the Geneva Tri.
bunaI. 1t appears to be generally agreed that
some kind of court must be instituted to
hear and determine the claims upon this fund.
But wide differences of opinion will undoubt-
eddy arise upon proposed provisions in the
bill creating the court and limiting its pow |
ers by defining with considerable stringency |
the classes of cases which it may entertain. |
Attempts will be made to rule out entirely |
large number of claims, and these will Of
course find advocates in Congress to make
struggle in their behalf The Chief point at
issue will doubtless be the claim of the insur-
ance companies to participate in the award.
1t is understood that the companies which in
sured the captured vessels do not admit that
the fact of their having charged war risks to
indemnify themselves for losses by capture
debars them from making demand for the
full value of the vessels and their cargoes.
There Is said to be difference of opinion
among lawyers on this point. Another I'M
settled question is Are the owners OF the
captured ships and cargoes who got their in
surance entitled to receive anything from
the award, and if so, should it be the full
amount of the loss, or only the amount OF the
net loss over the sum received from the un-
derwriters and the cost of the extra war
risksI Still another question, and one of
general interest to ship owners, is this: IF
neither the underwriters nor the owners of
the insured vessels which were captured can
recover, are not all who paid the war risks
entitled to some indemnify The inadequa-
cy of the fund to meet such demands upon 1t
will unquestionably prevent any serious con-
alteration being given to the Aaster question. !
The whole subject of the distribution of the
award is now in the hands Of the House Ju-
dietary Committee, and Gen. Butler, who is q
member of the Committee, has prepared
voluminous bill providing for special tribu.
nal of judicial character to examine and
pass upon the claims which are entitled to |
share in the award, and it is understood ex-
cludes all insurance companies which charged |
war risks" J