Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-03-08
.ENGLAND'S CLAIM
Senator Morgan Says It is Prepos-
ferrous.
TAKING issue WITH MR.. GRESHAM
How 1t Appears to a Member Of
the Bering Sea Tribunal.
NO EXAMIN ALTON MADE

1t Is believed In official quarters that
there is likely to be serious contention be-
tween this country ard England over the
payment of England's claim for $425, 600
damages growing out of the seizure by the
United States of certain ships in Bering
sea.
Secretary Gresham has favored payment
OF the claim and urged Congress to ap-
propriate for it in the closing hours of the
last session, but Congress refused to do
so on account of wide difference of opin-
ion as to the justice of the claim. Among
those who opposed payment is Senator
Morgan. who was member of the Bering
sea arbitration tribunal.
Senator Morgan takes a positive stand
in radical opposition to Secretary Gresham
upon the validity of the claim, and de-
clares that there is no justification for its
payment. Senator Morgan's acquaintance
with the subject arising from his service
on the tribunal is considered to lend great
weight to his position, and accentuates the
gravity Of the issue raised between him
and Secretary Gresham.
Senator Morgan attempted to call the
attention of the Senate to the matter in
the last hours of the session. but was de-
tered by pressure of other business in the
Senate. When asked today by Star report
he was reluctant TO do so. stating that he
preferred to wait until the Senate meets,
but finally consented to make brief state
ment of the case.
Great Blitnin's Claim.
'It is preposterous to assert or admit
that we owe Great Britain S425, 200 in the
matter of these Bering sea claims said
Senator Morgan to the reporter. "Basing
the claims upon Great Britain's own as
sertions and contentious, made in the
Geneva award, and in this case, we would
orl owe her $4,000. The action Of the
State Department in attempting to settle
the whole matter by the payment Of this
lump sum, submitted without detail, and
which includes very exorbitant detail, is
but an effort to dispense with the further
negotiations required by the treaty of 18th
February, 1892. The Bering sea tribunal
had no jurisdiction to decide upon the liza
bility of the United States for these claims.
"The most charitable construction of this
recommendation of the State Department
to pay the claims offhand is that 1t arises
fIcm a misapprehension of the facts In the
case or an indisposition to discuss them.
The claims for damages put forward by
the British government grew out of the
seizure of certain vessels before the Ber-
irg sea tribunal was organized. That
tribunal subsequently sitting as judicial
body in effect held that those vessels or
any vessels never at any time possessed
the right to commit the acts for which
they were SEIZED within CO miles of the
seal islands, or during the close time pre-
scribed by the award.
THE Bering sea tribunal did not at
tempt to pass upon questions of the LA
bility of either government in the settle
ment of any claims between them, but left
that matter where the treaty left 1t, sub
ject to future negotiations.
There is no reason why such negotiations
should not be undertaken instead of ac-
ceptins Great Britain's claims without ex-
animation into the facts and principles ON
which they are based. When the negotia-
tions should be undertaken we could then
present to the English agents as a COM
adjudication Of the tribunal denying the
right of the claimants to engage in the acts
which subjected them to seizure. Such
course should be pursued and the British
agents called upon to answer the propO-
sition which would thus be put before
them.
The Situation.
''The situation is clear to any one who
is aware of the findings of the Bering sea
tribunal, and it is to be lamented that this
government should have overlooked COM
plete answer to Great Britain's claim. The
position of the tribunal in this matter was
equivalent to that of a judge, who, in de-
Gliding that the title to certain property Is
valid at the present time, should hold that
it had always been valid and is the same
today as it was ten years ago. when tres
pass was committed upon the property it
conveyed. The tribunal, in holding that
the territory was inviolable which some Of
the vessels entered, removed all basis for
claim for recourse of these vessels for
damages for their acts, which We're with
out moral or legal support when they were
committed.
TT has been claimed that the slaughter
of seals in the past two years has been
due to the faulty regulations of the Bering
sea tribunal. That is not true. The fault
lies in the defective special regulations
which were made after the adjournment
of the tribunal, to carry the concurrent
regulations into effect. The BerinS sea
tribunal was not legislative body in the
municipal sense; 1t could not formulate
municipal police regulations for the re-
spective countries. 1t could only ordain
the concurrent regulations, which should
be enforced by special laws or regulations
of the respective countries.
1.-The regulations for the conduct of he
Bering sea fisheries were framed at the
Treasury DepaI tment in conjunction with
British agents. The members of the tri-
bunal were not consulted, so far as
know, and no man with a knowledge of
the situation at the seal fisheries was
called upon to give the benefit Of his ad-
vice. The result was that this country
agreed to regulations which left ample op-
portunty for the commission of the very
acts which it had been the aim of the tri-
bunal to prohibit.
This is certainly true as to the facilities
given TO poachers to outfit for long voy-
ages which it was intended to interrupt;
and for taking firearms into the North Pa
cfic after the 1st of May, and into Bering
sea. and for dispensing with the produc-
tion of logs showing the locality at which
each seal was taken and the sex of the
animal. These guards against the viola
tion of the award were made useless by the
special regulations adopted by the Secre-
tary of the Treasury for carrying the CON
current regulations into effect. You could
rot afford the space, nor have 1 the time
now to treat these subjects fully. 1 regret
that it should seem to be necessary for me
to say anything about it,