Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1880-04-15
TELEGRAPHIC.
Republican Conventions in Three
States Yesterday.
Blaine Captures Iowa and Grant
Ahead in Kentucky.
A Periodical Cock and Bull Story
About Tilden's Withdrawal.
Gen. Grant Departs for Little
Rock, Arkansas.
The Apache Indians Defeated by
Gen. Hatch.
XLVI. CONGRESS.
SENATE.

DillS were lutlVuuVUu ohu Az
ferred as follows:
By Senator Wallace (Pennsylva-
nia)-To define the amount and
manner of the purchase of public
loans to be made by the secretary
Of the treasury.
By Senator Maxey (Texas)-For
the relief of certain officers and
privates of the United States army.
Senator VOORHEES, Indians sub
mitted a resolution instructing the
committee on pensions to report
bill authorizing pensions to surviv>
ing soldiers and sailors Of the Mex
ican war.
Senator Mcpherson IN. J), from
the committee on naval affairs, re-
ported iavorably the bill for the re-
lief of the Albemarle and Chesa-
peake canal company. Placed on
the calendar.
The morning hour expired, and
the senate resumed the considera.
ton of the Geneva award bill.
Senator Call Ella addressed the
senate in opposition to the bill. lie
took different view from the sup
porters of the bill as to the appli-
cability of the doctrine of subroga-
ton in this case. The underwater,
in taking the risk, exacted a suffi,
GENTLY large premium to cover the
risk of the total loss, and made no
allowance for the possibility of a
breach of neutrality by forr
eign government, an arbitration,
and an award of damages.
That possibility was too intangible
and shadowy to enter into, to con-
tract or to be pleaded afterward
as giving the right of subrogation.
He quoted legal authorities to sus-
tain this proposition, and also the
assertion that the demand for pays
ment rs for total loss was not final,
and the absolute abandonment of
insured property transferring the
right of subrogation with it. Cir
cumstances of equity may ex-
ist on which the courts
are to pass and may reverse the
technical abandonment. In the case
where forty per cent. premium was
paid, equity would not allow an uu-
derwriter now to recover the other
sixty per cent, thus being paid
twice; that might be his abstract
right in law, but it was not equitably
right.
Senator Thurman (O) asked to
whom it would be unjust, the own
ers we're satisfied and asked nothing
more.
Senator Call (Cal.), said he was
not arguing for any class of per-
sons. lie did not know who would
be injured and who benefited by
his proposition. He understood the
authorities to be against the idea
that such vague, intangible posi-
bility of recovery constituted spes
recuperandi, or was assignable as a
right of property. lie denied that
the award was in any sense subject
TO legal claims. The munic-
ipal law could net govern
the distribution of the fund
awarded by one government to
another, even where the award was
based on the claim of individual
citizens. There could be no right
of property in the disposition and
willingness of Great Britain to
make an award of damages. He cited
various opinions on this point.
The question now is simply one OF
equity as to who sustained the great>
est loss. He believed the losses by
the exculpated commissioner and by
reason of enhanced premiums,
should be paid; that double pay
ment to the underwater
should not be made.
On motion of Senator Eaton
(Conn), the pending bill was inn
formally laid aside and the consular
and diplomatic appropriation bill was
taken up. The amount appropriated
is S1,146,I35. An amendment was
agreed to appropriatiDg $24, 900 for
salaries and expenses of the recent
ly appointed commissioners to China
After other slight amendments, the
bill was passed.
The senate then adjourned.