The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-25

OF the tribunal, cOnformably to the provisions con-
To avoid misrepresentation, however, let MS ad-
vert the private claims OF the subjects OF either
government for certain injuries suffered on land
during the war, which are now being adJudicatsd
by mixed commission sitting at Washington.
what then Is the deduction, we ad ,h t ina,
What rights has sSs S s;s ss..e, None Ss
has therefore nothing to lay claim to. There is not
a splinter Of it above water. II there were, that
by subrogation or assignment, as the case may be.
How, then, can the underwater acquire rights by
any process from the assured, who have them not
received II, before he paid It, in war premium from
the hands of those whom he insured. Does he
upon the possible chance that hereafter he should
be ndemnihed by his government, so as TO receive
his losses paid as wen as ms Premis a by
show that ne reduced his war premiums IN the
ratio OF his expectations The history OF ms IN
surance during the war shows that war premiums
suffered no dimlnuton from this or any other
cause; for we see in many instances that the IN.
surers divided among other stockholders forty and
fifty per cent per annum dividends as profits. Your
committee do not feel called upon To- make any
provision to increase those DIVIDENDS, but only as
they have done, to give Naturalization where
losses on the whole have actually been incurred.
For the reasons above stated, and for others,
which will readily suggest themselves upon an eX-
animation of the subject, your committee believe
that they have done full justice to the insurers in
inserting provisions In this bill which shall relieve
them in any degree from the losses occurring In q
business which they voluntarily undertook by risks
to which they exposed themselves Tor sums o.
money which they deemed, and which was In TACT
sufficient to enable them to make proht upon
these risks
1t will be observed that in case Of any loss by an
unfortunate insurance company upon their whole
business, from which. they are to be Undermined
upon the principles established In this bill, your
committee have provided that such indemni1ca-
ton shall be equtaby distributed among those
who were interested i'll the insurance companies
at the time these losses were made, and whose
W. mai them
among those who have bought into the companies
aiterward.
your committee, it is much more than possible
that the amount awarded VIII pay all classes OF
claims in full when they shall have justly and
equitably, by sworn evidence in open court, upon
full trial, been brought down to just and true
amounts. II so, the distinction which your COM
mittee have deemed 1t necessary to make between
the first four and the last three classes of claim
ants VIII become unimpertant; and the last three
classes are only subOrdnated to the first four, ec
majoye Cdateid, in fear lest the award may not be
sufficient to pay all.
RULES BY WHICH AMOUNTS OF LOSSES ARE TO BE
DETERMINED.
Your committee, having now determined the
classes Of claims which should be paid have, in
the second section, indicated as rules for the
guidance OF the tribunal which shall settle the
amount of the claims, which. indeed, we believe to
be such only as are now settled in like cases, as
law in the Courts of Admiralty and common law,
as to what ought tc be the amount OF damages
allowed, and in support OF which, IN the discussion
hereinbefore had OF the several classes OF claims,
we have cited the authoritative decisions Of the
Courts, both IN this country and in England. In
allowance Of claims for all prospective profits,
speculative or consequential damages, unearned
freights or hoped-tor trading speculations and we
believe this restriction will commend itself to the
good sense OF Congress and the people.
Lest any portion Of the evidence which has been
gathered by the claimants and fled in the State
Departmen tending to show these losses might
not be able to be reproduced, from lapse OF time
and accident your committee have provided mat
papers which have been SO filed in the several
cases may be read in evidence, cateat Qatantuno
before the tribunal which shall FIX the amount Of
these Claims We have also provided for means by
which that tribunal may enforce for the purposes
OF Justice, the production OF all documents books
Of the claimants or OF any other party by apply
ing to these cases the rule established by the Ju-
by recurring only general description OF the pa
pers, books and documents to be produced, instead
OF that more particular and special description
whiclp would be required In equity causes for the
production of like documents.
SHALL THE CLAIMS DE SENT TO COMMISSION OR
The next great problem which presents Itself to
your committee Is what tribunal Is best fitted to
determine the just rights OF the parties among
themselves, the rights OF the government, and the
Just and true amount OF losses suffered? 1t has
been recommended from sources entitled to the
very highest respect that Congress should provide
for a commission OF three men, who, sitting at
Washington, shall decide all these causes There
are many objections which suggest themselves to
such commission for this purpose, some OF which
your committee desire to lay before the House as
controlling IN their Judgment, tending to show why
a commission is not the most convenient to the
claimants the most economical, or most certain to
do justice, or even the most speedy mode OF ADJUST
ing the matters under consideration.
THE OBJECTIONS TO COMMISSION STATED.
or course such commission would sit at Washing
ton. Now, substantially, all the claims are from
the States OF Pennsylvania, New York. and OF New
England, and the parties, witnesses and counsel II
the usual counsel OF the parties are employed
would be obliged to leave their homes ana places
Of business, and bring their books and papers to
washington to have their cases heard and deter
mined. A hearing at Washington also would, in
fact shut out and render utterly iusory all
hope Of indemnity the largest class of Individual
citizens, although the smallest class, In amount OF
their claims, who have suffered from capture by
the rebel cruisers. We refer to the officers and
crews whose claims for loss OF wages and deten-
ton and individual losses will range from one or
two hundred to one or two thousand dollars. No
man in Boston, or even in New York. would be
considered sane who should advise any one OF this
large and most mertorious and needy class Of
claimants, whose injuries should call for a
few hundred dollars only, to employ c0un-
sci, and, a .torttoff claim agent, and be
ut the expense Of taking testimony or
bringing his witnesses to washington, or even
going himself for the purpose OF promoting a
claim before commission, with all the incident
delays Of hearing, for such an amount.
A COMMISSION WOULD GIVE FOUR MILLION DOLLARS
CORRUPTION FUND CLAIM AGENTS.
The effect Of u commission sitting In Washington
would be to throw the whole business OF conduct
ing the claims before 1t in behalf OF private parties
into the hands OF the resident claim agents and
attorneys here, with, perhaps, the exception Of
some OF the larger classes OF claims In New Y ork,
Philadelphia and other cities. Now, II Is well
known to your committee that the manner OF Sc
curing payment OF lees and expenses IN the prose-
cutIOn OF claims in Washington Is almost univer-
sally by contingent fees; that is the claim agent
or attorney contracts with the injured party Tor
one-ha, one-thrd ana seldom less than one
quarter OF his claim, payable TO the agent upon the
contingency OF its successful prosecution. There
have been various acts OF Congress levelled against
this practice, because OF the dread oil the abuses
liable to arise out Of IL. All the cnactments,
however, have thus lar been found Intellectual to
stop the practice. AS will be seen. many OF these
claims are TOT very large amounts, and II the mer.
chants owners of vessels could have them tried
at their homes, conducted by their professional ad.
visers and counsel who do their regular and usual
legal business the costs Of conducting them need
be, and, probably, would be- not other and different
from the cost Of conducting ordinary suits at law
Assuming, Tor the sake OF the argument that the
average percentage OF contingent fees which
would be demanded by the claim agents and attor-
neys at the capital would be no higher than twenty
1--WE per cent we would then have the enormous sum