The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-15
SPAIN DULY CAUTIONED.
Precedents for Demanding
Damages for the Alli-
anCa Affair.
JURISDICTION THE QUESTION.
Wild Rumors That Uncle Sam Has
Already Declared
War.

WASHINGTON, March lathe De-
| partment of State is moving with deliber-
alton in making up its case against the
Spanish Government based on the firing
by Spanish cruiser at the American
steamship Alliance, holding that in mat
| tiers of such moment it is absolutely essen
tial that our Government should be in pos
session of the exact facts so as to avoid the
| humiliation of retraction through making
demand that could not be sustained by
the evidence.
So far no reply has been received at the
department in response to the request
| made upon Captain Crossman of the Ali
anca for further particulars of the incident.
In the meantime the officials are industri-
ously looking up precedents for their guild
ance and Mr.. Uhl, who is still acting Sec
rotary of State during the continued i'll
ness of Secretary Gresham, is in frequent
consultation with his superior at his rooms
in his hotel.
One of the precedents which has been
unearthed and brought to the attention of
the acting Secretary as having direct
bearing on the Alliance incident was found
in the proceedings of the Alabama Claims
Commission. In one of the decisions an
nounced by Judge Fitch, the court held
there was no authority for the stoppage or
detention of mail steamer which is pur-
suing her usual route, even if that route
lay at places within the three mile
shore limit and so within the jurisdiction
| OF the power seeking to stop the ship.
If this is held to be sound doctrine, then,
of course, the Spanish Government will
make reparations for the action of it's
cruiser, even should it appear that the
Maysi, as the Spanish Minister here be-
lieves.
On the other hand, if this decision is not
in effect then what is known as the head
land theory of jurisdiction will probably
play an important part in the adjustment
of the matter. According to the conten-
| tion of Great Britain in the Fortune Bay
fisheries case, in which the United States
has acquiesced, the line of marine jurisdic-
ton is drawn three miles from line run
| ming across from headland to headland in
the case of a bay or depression in the gen.
eral coast line. The Spanish authorities
| evidently take the position at this time, in
the absence of exact advices, that the ALI
anca was within such line, and so within
their jurisdiction, although the ship may
have been actually more than three miles
| from the nearest shore.
Probably based on the Alabama decision
above referred to rumor was in circula-
| ton to-day to the effect that the State De-
partment has sent sinister warning to the
Spanish Government to the effect that
declaration of war would follow repeti-
tion of the Alliance affair
Acting Secretary Uhl this afternoon SAID
that he had no further information to give
to the press than he had already given out
and, taking their cue from him, the other
officials of the State Department. declined
to say anything about the matter. But
from the fact that no intimation of any
such precipitate action in the absence of a
knowledge of the facts has been communi-
Gated to the Spanish Minister here, which
would certainly be the case if the usual
diplomatic amenities were observed, even
if such message had been sent to the
Spanish Government directly through
United States Minister Taylor at Madrid,
the story failed to find much credence.
Senior Murga, the Spanish Minister, has
not as yet received word from Cuba as to
the gunboat which fired on the Alliance,
nor does he know the name of the warship.
The delay is due to the fact that the gun
boat is cruising off the eastern coast of
Cuba, 400 miles from Havana.