Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-01-05
THE CHILEAN ClAl M
Ex-Minister Egan's Statement Is to Failure
to Extend the Commissions Life
HIS Explanation to the Secretary 81
state of the Eject Of the Rules
Adopted-Delay In Action.

Mr.. Patrick Egan. late United States min
lister to Chile has made . statement in re-
gard to the failure to secure an extension
Of the life Of the United states-Chilean
claims commission. in which he says:
when I negotiated this claims treaty
with Chile. under the direction Of Mr.. Sec-
rotary Foster. in July. 1892. the total num-
Der Of claims on file at the legation In San
tiago was about thirty. Of which estimated
that not more than twenty were likely to
come before the arbitration commission.
Having those facts in mind, and being
urged by the Chilean minister Of foreign
relations to accept a. short time A. pos
sible in order to save expense to both gov
ernments, 1 consented to the term Of six
months for the examination and decision of
the several claims. which term. under the
then circumstances. II properly utilised.
would have been amply Bufncient.
only about the estimated number Of the
claims OF which then had knowledge have
been actually filed before the commission,
but a number Of other claims which were
on file in the Department Of State In WASH
ington were brought forward, bringing the
total number Of United States claims placed
before the commission up to thirty-n
while those fled on behalf Of Chileans
against our government number only three.
The C0mmisai0n's Rules.
when the commission met on August
last for the adoption of rules to govern
Its proceedings 1t discussed the question
Of the time fixed for the decision of the
cases. and unanimously agreed that. in
view of the estimated number of cases
that were to come before 1t. the period
Of six months would not be sufficient, and
the Chilean minister in Washington, who
Is also the Chilean member Of the arbitra-
ton commission, as also the counsel and
agent for Chile. undertook to recommend
time ne nxs government 1ra an extension OF the
months, for which they said there would
be no difficulty in arranging.
Upon the strength Of those promises on
the part Of the Chilean representatives, a
series Of rules were adopted. the provisions
OF which in the matter Of time. consider
Ing that the Mfe Of the treaty was only six
months from Its first meeting for business,
were, to say the least, somewhat remark
able. For instance. the commission named
october as the date Of its first meeting
Tor business, and the rules provided that
claims could be filed any time before De-
cember o; the responding government was
allowed thirty days to answer; then the
claimant was allowed ninety days to COM
plete his proofs; ard after the completion
ing government was allowed ninety DAYS
to complete Its testimony in defense. So
that. assuming a case t. be filed on De-
cember 3. IN accordance with the rules. and
the full specified times to be consumed on
both sides. 1t could not come up for de-
cision before August next, whereas the
treaty. as 1t then stood, and as II still
stands. will expire by limitation on April O.
Judge Shields Protest.
II do not know who may be held ac-
couutable for this fiasco. but I believe am
correct in stating that Judge Shields, who
was appointed by the Harrison administra-
ton as counsel and law agent to repre-
sent the United States before the commits
sion, entered upon the minutes of the com.
mission proceedings his solemn protest
against the adoption of those rules.
Those time rules have been somewhat
modihed-the thirty days given the re-
spending government to file its answer
being reduced to fifteen days. and the nine
" days given to each side to complete its
proofs being reduced to seventy five days:
but this does not in the least help the I'M,
fortunate claimant who only filed his claim
on ON the Iast days. say from the LIST to the
take his full time to complete his proofs.
very soon after my return from Chile.
In August last, / made 4 visit to pay INV
Department OF State, and took advantsre
OF the opportunity to call his special atten.
ton to the fact that the rules adopted by
the commission provided terms for filing
ohswsis, coInpietluS evidence, ETC., which
would run away beyond the life of the
treaty. and that would make it impossible
that all the cases could be decided without
an extension Of the time named. Many of
the claimants; also. 1 understand. called the
attention of the Department Of State to this
matter. but without effect. Subsequently.
at the first business meeting of the com.
mission, on October 9, a resolution was
unanimously passed setting forth that in the
opinion of the commission the term of six
months named in the treaty for the exam
nation and decision Of the several cases
was not sufficient. and recommending to the
two governments an extension Of the term
from six months to twelve months. This
resolution was duly forwarded the same day
to the Secretary of State, signed by the
Swiss, the Chilean and the United States
commissioners. by the Chilean and United
States counsel and by the Chilean and