New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-20
INSURANCE COMPANIES CLAIMS.
THE FRENCH sPOIATIoNs BILL-DiyISIoN OF
TIE GENEVA AWARD. -----------
rBY TELseRAPH TO Tue TRIBUSEl


fBY TELEGRAPH TO THE TRIBUNEl
WASHINGTON, Dec. ia new and most inn
portant question has arisen in the Senate debate the
French spolauons BILL first suggested by Senator Sher
his able speech Tuesday. II seems that at the
time the captures OF American vessels which these
claims are based took place much OF the property
was insured in American companes.land these cOmpa
mics their representatives now the principal
claimants Morton says that they hold threefourths OF
the claims These companies charged special rates
for insurilg the property and 1t IS alleged 10 spite OF
the losses, realized handsome profits. Shall they now
be paid by the Government the whole
even part OF the losses they sustainedl
is the question debated in the Senate to-day.
Immediately after the morning hour Window
who OF the Indian Appropriation bi moved
postpone the French spOtios bill in order that the
former might he disposed Of On this motion the merits
OF the bill anything else might be debated and Nor
ton caused to be read for information amendment
which he desired offer the French spoatioDs bill TO
prevent insurance companies which had charged special
premiums from claiming any part OF the money ap
prOprated holding that the rights Of the owners
reverted to them. Senators who opposed this amend
ment did the ground that it was part Of every
Insurance contract that OF destruction OF
the property and the payment Of the insurance,
all rights Of the for the recovery OF
damages from others reverted 20 the insurer.
III Short they pleaded the principle Of lsubrogation.
Those who sustained the amendment argued that this
principle doctrine did not extend TO any claim upon
the Government OF the United States, since the owners
of tho vessels had original claim upon the United
States. Beside all this, they showed that 1t would be
very unjust to tax the people TO pay four mil
lion dollars to be divided among insurance companies
-hi6 grew rich by the very transactions in which the
losses claimed took place This consideration seems
90 have weakened the bill, for when subsequent mo-
ton was made by Window TO lay it the table, 1t was
defeated by only one majority. Tue third reading
oman ADJ cd
some further debate. the bill postponed, and the
Indian Appropriation bill taken up. The spoliations
bill will not be further considered until after the holiday
recess and lie final passage, though not perhaps greatly
ENDANGERED Is from seeming certain as II was two
days ago.
Its obvious that there viii be an Interesting conro
versy in Congress this Winter the disposition Of the
award by the Geneva Tribunal 1t appears 10 be gener
ally agreed that kind OF court must be instituted
20 hear and determine the claims upon this fund But
wide differences opinion will undoubtedly arise upon
proposed provisions In the bill creating the court ana
limiting It's powers by defining with considerable srin
geucy the classes OF which il may entertain At
tempts will be rule ont entirely large number
Of claims and these will of find advocates in Con-
gress 10 make struggle in their behalf The cbiefpont
AT Issue will doubtless be the claim OF the insurance COM
panies participate in the award 1t is understood that
the companies which insured the captured vessels do
not admit that the fact OF their having charged
bv capture debars them from making demand
for the full value OF the vessels and their There
f. said 20 be a difference Of opinion among lawyers on
this point Another unsettled question is, g Are the
owners of the captured ships and who got their
insurance entitled receive anything from the award
and N So should be the full amount Of the loss or only
me amount OF net loss the sum received from
the Underwriters and the cost OF the extra war risks
6tu another question ard one OF general interest TO
ship owners is this neither the underwriters nor
the owuers of the insured vessels which were captured
can recover are all who paid the war risks entitled
10 sofne Indemnify" The inadeQuacy of the fund TO
meet such demands upon IL will unquestionaby prevent
any serious consideration beingven 10 the latter CUES
ton 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 mem
Der OF the Committee, has prepared volumlnous
hin proydng "a special tribunal OF judicial eharac-
M 10 examine and pass upon the claims Inc Dill care
fnV deues the classes OF claims which are entitled 10
shse In the award and II If understood excludes all In
surance companies which charged war risks Butler re-
pOred bill last Monday and II was ordered 10 DO
printed and recommtted. He was 50 anxious to keep
h PROVISIONS secret that he took 70 the printing office
himself and got it privately printed His object n this
unus a proceeding probably 10 avoid the protests
OF disappointed claimants until he had fully perfected
the b aud completed his report defending It's provi-
sions This no mas begun 20 wrIe and will finish during
the recess. lie left for Massachusetts this evening