New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-01-25


SPECIAL LOSSES IN Tue WAR.
Eou, those and other considerations which might DO
nresented your Committee have come 10 the conoluson
that the amount awarded at Geneva Is the money oi 'ne
United States 20 be disposed Of ut ITS pleasure SUBJECT
10 no trs and especially legal rights in any indi-
vidual or corporation by whom legal OF equitable
claim can be set mn or maintained 20 any part OF the sum
awarded as against the United States.
With these views OF the Obligations OF the government
cizsns your Committee have attempted 10y the
provisions the bill herewith reported 70 me House 20
III thai ar be Justly claimed OF the Government in this
behalf Your Committee can have no doubt that the
tsiSSSn were those who had suffered losses while car;
ryng on commerce of the country in the usual ana
ever therefor they, therefore, have provided hrsI &
the uninsured vessels and cargoes second: a uor
arned and their properly on "e9 n n1 received
and the damages and losses which happeneo ~ at tn
respectively because Of being lett either ~ sea ~ ne
1t,ted i,seif sbond receive indemnity Tor its own
vessels actually captured ana 49, Nve,c Gut
two or more OF t6em and these comparatively oil small
value. -
war PREMIUMS TO BE PAID IN SECOND CLASS
Newt vour Committee assume that the merchants
bo in the General course OF business had their vessels
and carroes aoat at the time OF the sailing OF those
crusers 70 begin their work Of destruction and VINO
were Obliged that cause, 10 pay largely-ncreased
Uarpremiums or war-risks 20 insure their property
which pavnents must I'm any event be total loss TO
,be, of RIGHT be classed as among the most meritor
oSs ana hence they put then next in rank with
such war.premiums among those who actually pad
them
Assuming for reasons which will be obvious upon
examination OF tables appended TO this report to
viii be concusively shown that the award of s56OOOO
viii much than cover the actual losses OF damages
sustained ny four classes OF citizens whose
position as claimants believe TO be most merltorl-
GUS including the Government your COMMITTEE nave
under the principles ard in the manner provided Tor III
the bill, can be determined.
To estbsh the just and true amount of these classes
and indeed Of all classes OF losses, your Committee nave
%hspheI Of eaT1pes y specalatons in trade or by
catch OF whaers and fishermen, and no I'M
In coming TO this conclusion your Committee foru-
fled III their belief OF its correctness by finding hat TINS
the universal rule in estimating damages Tor
ali courts both in this country and England
THE CLAIMS OF INSURERS AND REISURERs.
The fifth class Of claims provided for in the bill are
those arising Of insurance and reinsurance OF the
property destroyed by the cruisers. The provision OF
the bill regard TO these in short is this that insnr-
ance companies, If they have made. upon the whole
loss in the business Of insurance far warpremums
are concerned are well entitled 10 be Unidentified for
that loss 10 be ascertaincd upon striking balance OF
surance, for which they received war-premiums the
very principle upon which pTOoeeTS 5 S an no
the whole will equal his losses ana afford him beside
S and the risk It certain that
would DO the business at all unless he supposed tAa
his premiums would cover all possible losses and leave
balance his II Is upon that basis that all Ills
calculations are made
To an INQUIRY why your Committee have decided not
10 place tue claims OF the underTrters even WEI
their business shows that there has been upon the whoe
loss fact among the other classes or losses WlcA
bt he Claims FOR losses by owners of vessels and car
goes officers and crews whose property ana persons
when these cruisers came OUT or VINO must
allow their vessels TO rot At the wharyes unless they
ventured forth spite ~ the enemy on the water ana
MERGE Of the country in the face OF the
enemy. and aiding the nation in the war, ought 70 De
considered more meritOrous than those Of insurers
into the business of making prOht cut OF
those very depredations by calculating the risks and
surance aud thus, rghtfuly enough, but IN perfect
safety 10 themselves and 70 their profits made money
out OF the The underwriters who took warTlskS
into the war as business and should assume an
tee firmly believe were not Improbable TO them as
rule and H. ID any case tne ventures @ y gIS Se
should Unidentified out OF this fund but in subordina-
Injured by ravages Of in the prosecution which
u was necessary to the prosperity and power OF the ma
ton that they should carry on.
fThe claims Of the insurers are then considered ana
refuted at great length, AID the report continues:l
For the reasons above stated, and for others which
viii readily suggest themselves upon examination of
the suhect your committee believe that they have done
fn usce 10 the insurers in inserting provisions in the
R voice. occurring in business which they voluntarily
undertook by risks to which they exposed themselves
for OF money which they deemed, and which was,
fact sufficient TO enable them 70 MAKE proht upon
hes
by unfortunate insurance company upon tneir wnOe
business from which they are 70 be Undermined upon
the principles established in this bill, your committee
have provided such ndemDcatiOn shall be eqult-
ably distributed those who were interested III the
insurance companies at the time these losses were made
and whose property was paid out TO make them good,
and among those who thave bought INTO the com
Perhaps it will be found, and in the judgment OF your
Committee 10 is much more than possible, that inc
amount awarded will 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
ID and amounts. III so, lue OlslncuOu
which your Committee have deemed II necessary 70 make
the first four and the last three classes OF claim
anti will become unimpOrtant; and the last three classes
are only subOrdinated TO the hrSt FOUR ca nCy0fe
odela fear lest the reward may not be sunceht 10
pay all
RULES By WHICH LOSSES ARE BE DETERMINED.
Your Committee, having 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 amonnt
NJ the claims which indeed we believe to be such only
as are now settled like law in the courts OF
Admiralty and law, as TO what ought TO be the
amount of damages allowed. and in the support of
which IN the discussion hereinbefOre had OF the several
classes of claims cited the authoritative de-
Sland In short in other phrase have Inhibited the
allowance Of claims for all prospective profits specua-
tive consequential damages, uhearhed HelsnJs or
h1pedf for trading specuatiens aud believe this re-
Fiction will commend itself 10 the good sense OF Con-
res and the people. Lest any portion OF the evidence
which has gathered by the claimants and hed IN
the State Department tending to show these losses
might not be able be reproduced from lapse OF time
and accident your Committee have provided that all
the dispositions, afidayits protests and other papers
read evidence raIeat quantum before TIE tribunal
also provided for means by which That tribunal may en-
force purposes OF JUSTICE the production OF all
documents books and papers In the possession or under
the control OF the claimants OF other party, by
applying these the rule established by the judi
cisry act of 1852 enlarng II little, however, by re-
curing only general description OF the papers DOCKS
and documents to be produced instead OF t1at more
quired equity causes for the production OF like docu
Inents ,,-,.,-,. .-.-.-,..,, -