The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-06-15

The Tribunals ut Santiago -Points 10
United States Claimants.

Our correspondent at Santiago de
Jhili writes a. follows:-1 observe re-
erence in the press of United States to
Jhilrs success in "bulldozing the BrsE
liam Emperor into Withdrawing Senior
Felipe Lopez Netto as umpire In the
tribunals" which are Nit
ting here for the adjudication of otaims
against Chill growing out of the recent
war with Bolivia and Peru. But there
has been no "bulldoEing" IN the matter.
The Emperor of Brazil Withdrew Mr..
Netto to save his own dignity and chat
of the tribunals.
/ do not know il the Chiiian COVER
mept made formal complaint against
MIR. Netto. II they did they We're
justified, for his conduct has
been indiscreet and unoecom-
ing his position. He seems
to have come here in an irritable frame
OF mind, for ne began to complain as
soon as he arrived. lie first complained
that this government and people had
not treated him with the attention
which his position demanded. He then
complained because the tribunals did
not begin work Immediately after his
arrival, which was In December, less,
He said he wished to got through as soon
as possible, and wanted no vocation. The
foreign office informed him that it
would he inconyenient to proceed ~
work during January, as that was the
time the Government took their vaca-
ton. When the tribunals met Don
Luis Aldunate, TIE Gillian member, in
formed him that he would ba glad TO
hold daily sessions, but Mr.. NetUo said
he would not have tho tribunal SIT more
than twice week, IL liz surprising that
Senior Aldunate bore for so leng his
sneers and insults, They were
suca as to eXasperate even
man Of mild temper Nh.
Eetto went out OF his way 10 call tue
CHILEAN officers and soldiers in The Pc
ruvian war robbers and pillagers. He
never wearied of dilating on what he
termed the corrupt character Of Chili's
public men; ca the lazy and immoral
character OF the CHILEAN people; on the
maladministradon of justice, and on the
barbarouB way in which the country
had carried on the war. Much OF what
he said may he true, but twas certainly
not becoming the character of umpire
and diplomatic agent. Yet IL was per
fectly consistent with his own descrip
ton OF himself, for he has more thar
once said that he was d man "whom for
tune had brought In contact with many
and different persons, but who had haC
the misfortune of never being able Il
live in peace with any" lie who com
planned so bitterly Of the incivIlity d
Chili's people and government SHOULD
first have given them an example Of
civility.
THE CLAIMANTS OWN GOVERNMENT
That the claimants have had reason
30, In9s I 7 H.
not think the reason Is against Chill
The character of Senior Aldunate is s
guarantee Of the tribunals fairness anC
of Cbili's desire 10 have the claims
Justly settled, The claimants have
reason to complain of the conduct O
their wnEovernments in the matter
Without q single exception the govern
ments whose citiZens have claims have
appointed their ministers as arbitrators
and al the same time nave intrusted
them with "loolling after" the claims
so that they have been obliged to ac
the incompatible parts of judge and ad
vocate at the same time. The repre-
seutatives appointed have as rule
had very scanty, If any, legal educa-
ton. Chill, on the contrary, has been
represented by her best legal talent, by
men we'll versod In and thoroughly con
Chilians are nothing If not lawyers.
Claimants should consider that inter
national law does not protect neutra
property that suffers through the legiti
mate operations Of war. They mus
take consequences; for, rs Earl Gran
vile expressed IL in letter 10 Lore
Lyons, "aliens resident in country
which is the seat of war are exposed,
Just Is the citizens of that country; TO
the acquisitions OF the billigerents or
their property" Tho claimants have
themselves also TO blame; for although
they had ample time, they have, In
almost every case, failed TO comply
with the published regulations gov
erning the presentation Of their
claims.
AN EXPERTS OPINION.
A gentleman formerly connected with
the INSTRUMENTATION Claims Com,
mission told your correspondent:-"I
consider some Of the sentences of the
Anglo-Chilian and Italo-Chilian com
missions outrageous-against justice
and precedent On being asked whaI
sentences he had in mind, he said
~ cannot remember exactly, but they
were cases decided against Chill. Ii
one case the claimant was member o
Peruvian stock company, but becaus,
the claimant was a British subject thi
tribunal decided that the claim was
valid one and condemned Chill TO pal
1t. In another case Chilli was con
demned TO pay claim which only ha,
the evidence of Chinamau TO supper
IL. This was IN the form of stetemen
made by the Chinaman, and IL was
fabrication on its face, for this China
man claimed that he had seen Chi ial
soldiers on the day of the battle OF MirG
flores come TO his masters house, tax
away the furniture and put 1t on boar
CHILEAN vessels. AL this he claimed /
have seen from his masters house 4
Chorlllos. How anybody could SO
from ChorillOs to Callao rs more tha
anyone save a Chinaman can explain
In another case Chill was condemned {
pay claim for damages caused b
the hOmbardment OF Plsagua, because
was claimed that II was defenseles
place, and that the Chilians did nc
give notice of the commandment. Thi
Is against AL precedent, for notice
given simply asa matter OF courtesy
but In this case the Chilian vessels weI
there without intending 10 lombard Oh
place, and sent their boats TO take POI
session Of launches in the harbor. Tues
boats were fired on by Peruvian trooI
lulIenCntu btniuu DNlulhBA hlOuE "
shore, and many Gillian sailors wei
killed. The sh ps' ire was only to y
lence hat IRON on shore, and damag
was naturally done, but II was legit
mate act OF war and Chill cannot |
held responsible for damages 10 neutri
properly. But Mr.. Netto thought othe
wise, Tor he did not consider this net
essary act. He assumed To bo not onl
Judge OF law and fact, but a judge
what operations OF war were necessaI
and proper"
IL will be remembered that in 1896 Il
Spanish fleet bombarded the defenc
less port of Valparaiso, and cause
much damage 10 neutral property. Git
zens of the United States presente
their claims, but 1t was said by II
Encouragement OF he United STATE
that "the rule of international law
well established that foreigner VIII
resides IN the country of y bellingerei
can claim no indemnity for losses
property occasioned by acts Of war
the other bellingerent," and, turtle
that "American merchants domicile
Tor commercial purposes at Valparais
cannot sustain claim for indemnit