New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-09-14

Mex ican Claims Decisions.


The following additional decisions have
been made by Sir Edward Thornton, the
umpire to the United States and Mexican
Claims Commission:
No. l5S, George l.. Hammeken va. Mex
ico.-Clsimant had built an iron railway
from the City of Mexico to Sacubsya under
grant of authority from the constitutional
government of Mexico, and was engaged as
manager of the road when, during 1858 and
1859. he was despoiled of many of the rights
ana immunisies possessed by him by the
Miramon administration, then in possession n
OF the capital. The legitimate government,
upon its return to the capital, May 9, 1862,
allowed claimant 100000 indemnity for
the losses he had sustained, which sum
was to be paid ont of the proceeds of a
loan that had been negotiated by treaty
with the United States The treaty was,
however, not ratified by the Senate of
the United States. and the money was not
paid. Held by the umpire that by allowing
this indemnity the Mexican government ad-
mitted that an injustice had been done. and
by the Mexican authorities, and that the
agreement between the government and
the claimant affords proper guide for the
estimation of damage. The claimant has
hled with the commission seventeen of the
nineteen drafts given to him. The umpire
therefore awards that if the two other
drafts should he presented at the time of
the payment Of the claim, then Mexico shall
pay on account of this claim 100000, with
interest at elk per cent per annum from
July l, 1863, and if the claimant fails to
produce the other two drafts, then
S9O,909 O9, with interest as above all in
Mexican gold.
No. loS. Schooner Ada, Smith g. Mason
claimants. vs. Mexico.-Claim arising out
OF a judicial sale of a vessel in Mazatlan
upon an alleged bond in favor of one Fitch,
to the prejudice of demand of claimants
against the same vessel. Held by the UNI
pire that there was no such obvious denial
OF JUSTICE by the Mexican court as to call
for the jurisdiction OF this commission, and
that claimants, if they felt aggrieved,
should have appealed. Not having ex-
hausted their legal remedies, they have no
right to a'hearing here. Dismissed.
No. l95. Nicholas Il. Schneider vs.. Mex
ico.-Ciaim arising, first, out of alleged
robbery and destruction of property by
Mexican troops: and, second, out of injury
10 a garden by the building of fort there
on. Held as to first claim that it is not
sufficiently Established that the injuries
complained of were inflicted by authorities
of Mexico and this item is dismissed AS
to the building OF the folt this measure was
taken by order of the Mexican government,
but though the construction of such works
may bea matter OF necessity, private in
compensated for the damage done him.
Award $500, Mexican gold, with interest at
six per cent from January, 1868.
No. 1863. Charles Delmas vs.. Mexico
Claim arising out of seizure of lot of -four
by Mexican judge and the imposition of
forced loan. Held by the umpire that
claimant should have proceeded against the
Judge ill high court, and that the forced
loan was levied BY an insurgent chief Dis
missed.
No. Ill. A. P. j. Antrey vs.. Mexico
Claim arising out of pillage of house
by Constitutional troops of Mexico
upon the capture of the town Of
Huamantla. Held by. the umpire
that no officer having been shown to
have been present the act must have been
committed by uncontrollable soldiery, from
whose violence the nation suffered as much
as claimant, and that no responsibility at
tached to Mexico. Dismissed
No. 49, Emily Wolff and Son vs. Mexico.
Dismissed for want of proofof American
citizenship of father and husband of claim
ants.
No. lS3 Heirs of Felix Maxan VS.. Mexi.
co.-Claim arising out of refusal of the
Mexican authorities to permit the sale of a
lot OF tobacco. the property of Felix Maxan,
introduced into Mexico during the war be-
tween that country and the United States.
Held by the umpire tEat Felix Maxan was
an American citizen; that the action of the
Mexican authorities was in violation of the
treaty of peace, and that this being the
claim of the heirs of Felix Maxan this com
mission has no Jurisdiction over the interest
of any of the heirs who are not citizens of
the United States. He, therefore, declines
to make any award for the benefit of Lod.
viska Maxan, who having married Span
iah subject. is herself Spanish subject, but
in favor of Nestor Maxan, citizen of the
United States, awards the sum OF $S65i so
Mexican gold, with interest at six per cent
per annum from August l, ls4s