The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-08-19
WASHINGTON.
The Aprell of Mexico in Re the
Wei and Abra Claims.
PRESIDENT HAYES DECISION EXPECTED
General Sheman's Recommendations tor
Improving the Army.
FROM OUR REGULAR CORRESPONDENT.

WASHINGTON, August is, 1879.
MExIco's APPEAL IN THE WE'LL AND LA ABRA
CLAIMS CASES CHARGES OF FRAUD AND PER-
JuRY--THE PRESIDENTS FORTHCOMING DEcI-
SION
Much interest is manifested here in the forthcom-
ing decision of the President the application OF
the Mexican government for rehearing of the Wei
and La Abra claims against Mexico. Awards were
made in these cases to the amount OF nearly
by Sir Edward Thornton, umpire of the late mixed
commission Before the expiration OF the commits
sion Mexico filed motion for rehearing OF these
claims on the ground of fraud and perjury. This
motion supported. in the We'll case. by newly dis
covered evidence purporng to consist of the books
and papers OF the claimant and to show that the
1900 bales of cotton. the subject of the claim. had
not only never been captured but that it had never
existed. After the expiration of the commission.
but before his time had expired the umpire de-
cided that he had no right to review his awards but
expressed a desire that any injustice which might
have been done should be corrected by competent
authority and belief that no government would
accept payment of a claim shown to be founded on
perjury. Mexico then made appeal to the
honor and justice of the United States.
Mr.. Fish decided that he could not
entertain this appeal, but referred the question,
together with that of the distribution of all the
awards which Mexico had commenced paying in
accordance with the treaty to Congress.
The Senate Judiciary Committee of the Forty
fourth Congress. learning the charges of fraud,
arrested the passage of the bill distributing the
money these and other claimants. The bill
again referred by Secretary Evarts to the Forty
Congress- which year ago passed act distributing
the money due to the other claimants, but request
ing the President to investigate the charges of
fraud in these two claims. and authorizing retrial il
in his opinion the honor of the United States the
principles of public law considerations of equity
and justice required such In the mean
lime Mexico had secured new evidence in the Abra
.lain said to consist of the press copy book orgi-
ma! letters. &c., of the Abra Mining Company, and
to show that the mine in Durango from which it
clailucd 10 have been driven worthless and was
voluntarily abandoned without any hostility
from Mexican authorities. On the invitation
of this government the Mexican Minister
last winter filed the proofs in the two with the
Secretary OF State In May and June Mr.. Evarts
heard the argument OF counsel. ex-Postmaster Gen.
eral Creswe and Mr.. II. b. Lines appearing for Mex
leo and Messrs. George Ii. Williams, Shelabarger
and Wilson Johnston, Warden and others for the
claimants resisting the application for rehearing.
The point raised by the claimants that the
awards of the Commission were judgments vesting
rights in them not be Invested by Congress
any other power. This point supper ed by
arguments drawn from well known decisions
in municipal law. On the other side it claimed
that the question international one, and that
the two governments were competent to set aside
provide by treaty for the review of the decisions
= tribunal which they had created by treaty. Also
that the act of Congress had referred only the
ton of fact to the Executive; that the facts were
such as would have secured rehearing by the com
mission If they had been discovered in time
and that the honor of the United Stites
was concerned i'll not enforcing an award Sc
cured by the fraud of it's citizens and
under it's sanction against a friendly government.
The history of international law did not furnish a
direct precedent for these cases. but the action of
our government in the Gardner case, in the of
the Caroline in the New Grenada and APP
cited as authority.
Before leaving the city Secretary Evarts wrote
his opinion ana handed it to the President. The
opinion has been approved and, it is understood,
will be made public by the State Department to-
morrow.
A NUISANCE AT wALLABOUT BASIN, BROoKLYN.
The Navy Department is in receipt of so many
complaints from citizens OF Brooklyn in regard to
the deposit of night soil and ofal in waabout Basin
which is also complained of by naval officials at the
Brooklyn Navy Yard as dangerous to the health of
the employees of the Navy Yard, that Secretary
Thompson has under consideration what measures
the government may adopt to abate the nuisance.
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