Los Angeles herald., 1891-09-18


that of armed hostility or revolution
against the republic of Chile.
"And it denies that any OF the acts of
this claimant, or of the said Pedro
Mannzen, or any person whatsoever, in
regard to the steamship Itata, were or
are against the statute OF the United
States, or that by reason OF any OF the
acts OF said Pedro Mannzen, or any per-
son connected with said vessel, the said
steamship became or was forfeited as
alleged, or otherwise"
Captain Tejeda states that the Itata
is chartered from the South American
steamship company at cost OF $50, 900
per month. His pay roll is $4,000 per
month, and the cost of provisions for
the crew $1,000 per month, all OF which
foots up very heavy expense. 1t is un-
derstood that the attorney general re-
Gently made an cffer to Minister Montt,
at Washington, to dismiss all of the
Itata cases if the Chileans would give
up their claim for damages. This offer
was refused. The Chronicle, of Wednes-
day, says in this connection:
A dispatch was received yesterday by
Seflor Varrio, the diplomatic representa-
tive here of the Chilean government,
from Sefor Montt, in Washington, stat
ing that the attorney-general would
agree to an unconditional release of
the Itata, together with her cargo of
arms, if the provisional government of
Chile would agree not to make any
claim for damaged against the United
States for her detention. After consulta-
tion with Charles Page, the chief attor-
ney for the Chilean government,
the offer of the attorney-general
was declined and notification to that
effect wired to Washington. At the
same time Mr.. Page telegraphed to
Stephen M. White at Los Angeles, who
has had the conduct of the case before
the court there, to push the cause to
trial at the earliest possible moment.
The result will be that the Itata case
will be brought up at the present term
OF the court before Judge Ross, who has
heretofore intimated his willingness to
give it the right of way on the calendar
because of the Importance of the inter-
ests involved.
The latest proposition made by the
government to the claimants of the
Itata, previous to that of yesterday, was
to postpone the hearing of the case for
three months, but this was declined. 1t
was, therefore, with some surprise that
notice was received of the willingness of
the attorney-general to drop proceed
ings entirely, provided no claim was
made for damages.
MIR. WHITES OPINION.
Hon. Stephen M. White yesterday to
HERALD reporter expressed the follow
ing view OF the Itata matter as it now
stands:
"It has been pretty generally sup
posed that the overthrow OF Balmaceda
would result in the dismissal of the
bull, Burt and O'Farrell, and that
cargo would certainly follow.
Messrs. Montt and Trumbuil engaged in
negotiations with the authorities at
the proceedings here; and these nego-
ties stipulated last Monday to continue
future date, which was not named.
Wednesday, however, the local attor-
neys representing the present Chilean
Gobierno Provisorio Republica de Chile),
deavors to procure the release of the
vessel and cargo on bail, and to make
arrangements for an early trial. Today
they received word from Washington
that the negotiations had come to moth
ing because the United States govern
ment had required as a condition of the
dismissal of these cases that the Chilean
government should renounce any claim
for damages which it might have, if it
should in fact be the case that the Itata
was wrongfully seized and detained.
The Chilean authorities, however, re-
fused to accept any such proposition,
and their attorneys here expressed great
surprise that the United States gov
ernment should seek to impose such a
condition, and that it should endeavor
to avoid it's liability by taking advan-
tage of the necessities of a sister repub-
lic especially so as the question Of the
legality of the Itata's seizure must be
determined by our own tribunals. This
peculiar conduct will not, of course,
tend to promote friendly feel
ing towards the United States /;
nor will it add at all to the dignity or
standing of our government. The coun-
sci representing the Itata are confident
reached as that which attended the
prosecution of the case against the
Robert and Minnie. An answer was
filed in the Itata cases, yesterday, veri-
fed by Captain Tejeda, as the agent OF
the provincial government; and there
was also filed an affidavit of the Chilean
consul at San Francisco, praying deliv-
cry of the vessel to Tejeda.
''The attorneys representing the
United States offered to permit the re-
lease of the Itata on 500, 900 bail, and
the cargo on $4,000. This proposition
was declined upon the ground that the
sum exacted was too large, and an appli-
cation was made to Judge Ross to ap-
point appraisers, to fix the value of the
vessel and cargo. 1t is expected that
the appraisement will be ordered to-
morrow.
"The Examiner has stated editorially
that the delay in the trial of the Itata
cases was due to the fact that the Judge
was away on vacation. This is mis-
take. Judge Ross was in San Francisco
holding court for Judge Hoffman. He
had been ordered there by the
circuit judge, and he had
no option in the matter.
While he was in San Francisco the at
torneys representing the Itata requested
counsel for the United States to agree
to transfer the cases there, and also
offered to pay a portion of the expenses
of the governments witnesses. This