Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-12-08
7 HE lTATA CASE,
The Owners of the Vessel Enter a Big
Claim Against the Government.
Recalling the Dimculty With Chile
The Chase After the Itata-Lfbel.
ed and Then Released.

The once prominent Itata incident of the
threatened war between the United States
and Chile has again come to the front. Mr..
francisco Vergara, agent Of the Chilean
government, has filed with the Chilean
American claims commission a claim
against the United States for sos, 772 for
the Illegal seizure Of the steamer Itata dur
ing the Chilean war. The claim is filed in
behalf of the South American Steamship
Company and is regarded as standing an
excellent chance of allowance in view of
recent decisions of United States courts
that the vessel was improperly seized and
could not be libeled.
The Chilean government has indorsed the
claim as a proper one. and the Chilean
agent will personally advocate its allowance
The agent of the United States will contest
the claim on the ground that the govern
ment cannot be held responsible for dam
ages resulting from its efforts to enforce
the neutrality laws OF this country.
Stating the Case.
The memorial filed in support Of the claim
sets forth that on April 6. 1891, the agents
Of the steamship company undertook on be-
half Of the provisional and lawfully estab-
nshed government Of Chile to transport a
cargo Of small arms intended for the land
forces Of that government from the coast
Of California to Iquique. Chile, and in pur-
suance Of that undertaking the Itata arriv-
ed at San Diego, Cal, on May 3, 1891; that
on May 4, 1891, the Itata was boarded by a
man claiming to be one Spaulding an officer
OF the United States, who assumed to take
possession of the vessel. but he was unable
to exhibit any authority, and the officers of
the Itata, believing him to be falsely i'm
personattng an officer, set him on shore;
that the Itata then put to sea, took her
cargo aboard at a point near the island of
(Nlamanfa af
June 3. 1881; that meanwhile the govern
ment Of the United States. "for reasons
unknown to your memorialists," sent ves-
sells Of war in pursuit of the Itata; that
Admiral W. P. McCann. in his official ca
pacity as commander-in-chiefo of the United
States naval forces. having solemnly as
serted that In his opinion the Itata was
guilty of a violation of the neutrality laws,
and because of the demands of the govern
ment Of the United States, accompanied as
they were by the presence of a large naval
force the Chilean government surrendered
the Itata, with her cargo, under duress, to
the representatives Of the United States:
that Admiral McCann accordingly took pos
session Of the ltata on June 1. 1891, and she
was taken back to San Diego under convoy
Of the United States steamer Charleston.
arriving at San Diego on July and placed
In the custody of the United States marshal
at that place on July @: that on the same
day an information of libel was filed against
the Itata by United States district attorney
under section 1888 Of the revised statutes.
alleging that the Itata was engaged in con-
veying munitions of war to certain citizens
Of the republic of Chile known as the con-
gressional party, and who were then and
there in said republic organized and banded
together In great numbers in armed rebel
lion and attempted revolution and carrying
on war against the republic of Chile and
the government thereof, with which the
United States were at peace"
The memorial then cites the fact Of the
ltata's release. for the reason that the testi-
mony showed conclusively that the basis
OF said libel was groundless," and says that
by reason OF the acts complained of the
memorlalist has sustained damages to the
amount claimed.