The Portland daily press., 1883-11-15
ALABAMA CLAIMS.
Aa Interesting Question Under Bisenssiou
by the Alabama Claims Carnmi.sinu

Aa Interesting Question Under Biseus.iou
by she Alabama Claims Commission.
WASHINGTON, Nov. 14.-In the Court of Com
msssloners OF Alabama Claims yesterday the
Court heard arguments of counsel on the con-
troverted propositions as to where the high seas
line is for the purpose OF this act, and whether
the Boston, which captured two vessels, the
Texana and the Lenox, comes within the
phrase Confederate cruiser" Gen. Creswell.
who represents the Government, contends that.
Soleiy Tor the purpose OF this act, Congress
fixed tie line, and contends that any vessel
captured and destroyed within four miles of
the shore is excluded by terms of the act If
the court adopted this theory it would shut
out from compensation several cases as merit.
orious and just as any that have been thus far
disposed OF. The argument of counsel for the
claimants is that this four mile line was not
intended to be applied, as is contended ON the
part OF the Government, bat that it is to be
made to apply solely to classes of cases where
one OF the Confederate cruisers attempted to
make captures off the shore of friendly coast
that was governed by the so-called neutral
line, which was placed by this act at four miles
from the shore, and intended to provide that
if the cruiser attacked or pursued the Ameri-
can vessel outside the neutral line, the loss or
damage ensuing to the vessel inside the men,
tral line, that the court had the power to award
for damages. although without this clause in
the act the court probably would not have had
the power; and, also to another class of cases
upon the coasts of the then Confederacy, where
the capture was made upon the seas, first upon
the ocean, outside of the low water mark, but
the vessel in attempting to escape by running
into river or creek beyond the ebb and flow
OF the tide is a proper subject of indemnity.
The question is not free from complications on
account OF the peculiar phrasoology of the act,
but still 1t was argued that the main purpose
of the law is clear, that Congress did not i'm
tend to made hair splitting distinction but to
award ana pay Tor actual losses that were
caused by the Confederate cruisers. Among
the attorneys present to-day in arguing the
bigh seas question was the Hon. Scott Lord of
New York, who was Chairman of the sub Com
mltted OF the Judiciary in 1876, which framed
this disputed language.
The discussion was continued to-day, in view
of the question as to the rights of the assignee
IN bankruptcy instead of the original debtor,
ana also the payments of premiums upon ship
ments in inland waters, which subjects have
been postponed for discussion until Tuesday
and "wednesday, the 4th and 9th of December.
Upon the question involved in the high seas
are depending cases involving at least five or
six hundred thousand dollars, and the court ia
proceeding in the matter with great delibera-
uon. The discussions are very interesting to
tne profession, and many members Of the Bar
ere IN constant attendance Among the at
rneys who were present were @. III. and I.
ID. Russell, and j. f. Manning of Boston,
Messrs Edmunds and Toomy of Philadelphia
and Mr. Larrabee of Bath and others.
Report of the Commissioners
Claims Filed, Representing S2S, S,O67,-
997.
WASHINGTON, Nov. 14.-The report of the
commissioners of Alabama claims submitted
to the Attorney General shows that 5751
claims amounting to $2S, ,067, 1897 have been
fled; 1876 are of the first class and amount to
$10,570,503, and 4176 are of the second. All
have been properly entered and docketed. Up
to and including October 31st $40 cases have
been tried and 307 judgments have been rem
dered in class one and 149 in class two. The
report also says the utmost diligence will be
used in bringing the remaining cases to trial
and Judgment, but it will be impossible to dis
pose of all pending cases within the terms
prescribed by the act, and recommendation
Is therefore made that the life of the court be
extended by Congress.