Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-01-23
THE RUTLAND HERALD.
WEDNESDAY, JANUARY %, 1878.
Dl.,r.ba.lon os the Geneva Award.

DisGriBution of tIae Geneva Award
The Alabama, the Alabama claims am
the Geneva award thereon, have aIrc"uy'
and for a long time too, furnl.neo Il UT
full themes for many a prolific pen, as
well as the text for muny speech, es-
cav and LEGAL opinion. Now that the
money is at hand, how to disburse it is
the great question. The President re-
ferred to it in his message, Senators and
Representatives have debated it, lawyers
have been feed and expressed their opin-
ions and bills and notices of bills have
been laid before Congress The last
proposition comes from Judge Poland,
Of this State. His bill directs that with
in sixty days after the receipt of the
amount of the award from Great Britain,
the Attorney General shall file bill in
chancery, in the nature of bill of in
terpleader, in some Circuit Court of the
United States, to be designated by the
President, in favor of the United States,
and, after the formal parts, setting forth
how much of said award, if any, the
United States claims for her losses and
upon what grounds, every person, COM
panv or corporation who has already
filed a claim in the State Department for
damages caused by the acts of the yes
sells for and on account of which said
award is so made, shall be named as de
PENDANTS in said bill, and they claim sew
orally to be entitled to portions of the
said money but the particulars of their
respective claims need not be set forth.
And notice Of the commencement and
tendency of such bill shall be given by
publishing the substance thereof in one
public newspaper in each State and Ter
ritory for three successive months. And
such notice shall state the day of filing
such bill, and that every person, COM
pany or corporation named therein as
defendant, and also every person, COM
pany or corporation claiming to be en-
titled to any part of the said fund, and
desiring to appear in said cause to assert
such claims, are required to file an APP
pearance therein within six months from
the filing of said bill And all and every
person, company or corporation whether
named as a defendant in said bill or not,
who shall not enter an appearance there
in within said six months shall be forever
barred of all right or claim in or to any
part of said award. The bill further
provides for the setting up of claims by
claimants, taking of the evidence, ap-
peals, and for a pro ratio distribution of
the award, provided the claims allowed
shall be. in excess of the awards. 1t
may be too early, before listening to
Judge Poland's explanation, to say any
thing in reference to the proposition.
1t may be the best, or as good plan as
can be devised for the distribution of
the award, and the settlement or disposal
of the many claims that will naturally
spring up. 1t certainly has one clause
TO recommend it, and one that should be
made part of any bill passed by Con-
gress on the subject, and that is the one
declaring that after a certain period, all
claims not presented shall be forever
barred, This, or similar, statute of
limitation should be adopted, and when
adopted, itshould be final and conclusive.
When the claimants of the award are
paid, to the amount of the award, let it
be understood that the question: cannot
be mooted again with any chance0f sue
cess. This government, !. almost ever
since its foundation, has bejs2 vexeis' with
the ghosts of claims long since dea!Iand,
it was hoped, buried beyond r6$sTrrec-
ton. Yet they have received, TO the
holders, @ better resurrection, and the
pockets of the people have been depleted
to fill those of the hopeful heirs of al
most forgotten and, sometimes, unjust
claims. Let the government pay once,
and let that be the end of it, IF Judge
Polands bill shall accomplish this, if it
does nothing more, the people will and
ought to be satisfied 1t is a question,
however, whether the procedure provid-
ed in the bill will be satisfactory to the
claimants. 1t is more than a question
WhCLiSl IL - dSI W al VI tuCLl. lney
certainly ought to be satisfied with the
limitation part, because it is just to them,
to the government, and to the people.
To some of the claimants, probably it
would make no difference, for they are
used to such business, but to many of
the claimants, it would seem to be harsh
and unjust to submit them to the ex-
pense, vexations and endless delays of
chancery suit. Some of them, and some
OF the most meritorious too, can illy af-
ford even to pay the necessary expenses
of proving their claims, in the simplest
possible way. When to this is SUPER |
added the fees of attorneys, marshals.
clerks, commissioners, witnesses, etc, it !
amounts, practically, to a denial of the
claim. Perhaps simpler method could
not be DEVISED wherein equal and exact
justice can be meeted out to all claim
ants. If not, then claimants for the |
smaller amounts may as well, at once,
abandon the contest. And if they are
driven to this, statute of limitations or
no statute of limitations, we greatly fear
that the ghosts of the claims will not
down at any ones bidding, but will |
trouble Congress for many long years to
come.
A-YA 49, l. i