New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-04-03
THE GENEVA AWARD A TRUST.


currency.
THE GENEVA AWARD A TRUST.
,uyoRITY REPORT on TIE UNDIsTRIEUTED BALANCE
or THE AwARD-IT BELONGS ONLY TO LOSERS BY
TIE ACTS OF INCULPATED CRUIsERs-A MORE
GENEROUS POLICY TO INSURANCE COMPANIES
ADVISED.
rFRoM TIE REGULAR CORRESPONDENT OF THE TRlBoNEl
WASHINGTON, April 2.-The following is a
full synopsis Of the report the distribution OF iEe &c
neya Award made by Messrs. Knott, Ashe Lynde, ana
Hurd minority of the House Committee on the Judl-
cary They say true stated in the report of the
majority that four classes of claimants have appeared
be,ore the Committee asserting their respective rights TO
share in the undsubed balance Of the sum awarded To
the United States by the Tribunal Of Arbitration
Mt Geneva. They add that whereas the vali-
Gus questions involved in the proper distribution
Of that fund are Of purely judicial character is per
hans 10 be regretted that Congress- instead OF the legs
laton already had upon that subject did not make pro-
vision in the first instance the hearing and deter
mnation OF all such claims by the regular instituted
courts of the country.
The minority then seeks ascertain the precise rea-
ton which the United sustains TO the fund in
oueston-thais whether ne United states owns 1t aDso-
tely or merely holds IT in trust TO be paid over to those
who are legally entitled to 1t upon THEN manifestins
beir right in manner to be prescribed 10y law II IL Is
the absolute property the United states, they say II
belongs to one citizen much as another ana Congress
has no right appropriate any portion OF IL Whatever 10
the payment OF any OF the claims asserted unless te IT,
son Of debtor and creditor exists between the claimant
and the Government IT, on the other hand it is held by
the United states upon trust part OF 1t can bo PAID TO
any one consistently with the principles OF morality OF
the honor OF the Government except 10 the eesth' que
trusts After reviewing the history Of the Geneva tIlD
unal, the Committee continues:
From the foregoing facts which have been so often col
al
at acquainted with the history Of the ausheht OF
the sO-caned Alabama claims by the two Governments
lie undersigned consider il too clear for controversy
that the United States is the absolute owner OF any
pant OF the iund III question except 10 NE extent VI l'
own losses resulting from the destruction OF It's own YES
sells the ncuated cruisers; but That II receiver ana
holds It in trust 10 DC spent ID satSactIQli o SS
elass OF injuries To citizens Of the United states,
for which Great Britain was adJuuged Dy the lTlDlha
Oh AfDlrdDI ~ De - ,,I,in that mo mart az
the fund can be justly paid TO any claimant Ior any o1s
for the simple fact that such cruisers were so e1cu
paed and Great 81 itan held not TO De ablc htreoI
However much such losers may be entitled 10 sympathy
or however strong their claim may De for compensation
out Of other moneys the hands OF the United States
Congress has the constitutional right TO consider anu
pay taem at ALL they certainly not entitled 10 any
sft oil this fund, because it not awarded to the
United states to pay their losses.
And so OF the claims for war premiums. The parties
who paid them originally may have been more thah or
dnaTily patriotic, and the TACT that thcy may htNe
wagered 81 against 81 or $50 with some s0uess lEsI
auce company that they could keep the American nag
aOat III spite OF the Confederate cruisers shows at tncy
patriotic; nevertheless, all such claims were posi-
ton in The computation Of this fund. Great Britain dd
not place single dollar in the hands OF the United states
10 be paid IN reimbursement OF any party VINO hal pad
enhanced rates OF insurance on account OF the ehseeo
Confederate cruiser simply fOf the reason lhat the
tribunal decided that she did not owe any tbng on ac
count OF any such losses.
The only remaining question TO be considered the mi
nOrity says is whether insurance companies WHO paid
losses upon ships and Jgoes insured by them and after
ward destroyed by Of the iuculpated cruisers, arc
entitled to the indemnity out Of this fund 10 which
H. y..J, hoo, imam
the insurance had been paid and they continues
II the wclc led and familiar principles Of law are 10
DC apple De solution OF TINS question, the under
signed .inA tncIc mot DC shadow OF doubt IN Iea-
esther BY NJ authority, that an insurer VINO
sub ogated all the rig OF assured respect of
the subject after OF the insurance. II
part of the act Of June 49, 1874, which provides
" that no claim shall D. admissible allowed
IN behalf OF any insurance company or insurer either in
his right assignee otherwise in the right OF
person or party insured, as Aforesaid unless such
claimant sha show 10 the satisfaction OF the court that,
during the late Rebellion the Of mis- losses in respect
to ts or his war rlsRs exceeded the sum OF lis or his
premiums or their gains upon or III respect 10 such war
risks; and in OF such risks the shall no; De
greater than such excess OF the loss should be repealed
The Committee therefore report the following bill
substitute for that reported by the majority:
Be enacted De- That much Of the twelfth section
OF said provides No claim shall be admissible
allowed by the court by or in behalf OF any insurance
company insurer either In its his right
assignee otherwise in the right OF person party
Insured unless such claimant shall show TO the satisiac
ton Of such court that during the late Rebellion the
OF IT'S or His losses In respect 10 its his risks
eeed the sum Of ls or his premium or other gains upon
or III respect 90 such risks, and In OF any
allowance the sum sDa not be greater than such excess
oilosses, = be ami the same is hereby repealed.
SIC :. That any claimant excluded by the pro
VISION hereby repealed shall have the like period Of
tune Within which 10 present file, and prove rs or his
CLAIM amer The passage OF this amendment he could
nave had AFTER the passage Of said Lct, If any
S,1ded; ana the time Of the duration OF the court
created by the said act and us powers hereby
Tended Tor period sufficient enable il hear and
pose OF such additional claims and the claims already
eierted 10 II. which period shall not exceed one year
ihs ens expiration OF the time for hliDg claims under