The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1898-01-05
OUESADA'S
IGNORANCE
SiCkenS the Advocates of
Arbitration
He SIMPLY IGNORED THE LAW
HE SIMPLY IGNORED THE LAW
AND USED HIS FEELINGS AS HIS
GUIDE
The San Diego Sheriff and Mrs. Ober-
lander Get No Damages for
Mexican Wrongs
Associated Press Special Wire

Associated Press Special Wire
NEW YORK, Jan. A special to the
Herald from Washington. D. c.. says:
Greatly to the surprise Of the admin
bitter in the matter Of the claims of
Charles Oberlander and Barbara NJ.
Messenger, citizens of the United States,
against the government of Mexico, is
to which Mexico will be put will be to
pay half of the cost of the proceedings,
while the United States will not only
have to defray it's share of the expense,
but has lost what administration off,
cials have considered the best claims on
file in the Department of State. The
award Of the arbiter, which Is final, has
just been filed in the Department of
State and in the Department of Foreign
Affairs of Mexico. The claims Of Ober-
lander and Mrs Messenger grew out of
the alleged brutal treatment of the man
and the inhuman treatment of the wo-
man some years ago.
Oberlander was Deputy Sheriff of
the county of San Diego, Cal. He went
into Mexican territory to examine into
suit in progress just across the line and
became involved in a dispute. He was
knocked down and searched by Mexican
police, who found in his pocket a war
rant for the arrest of a Mexican who
mad committed an offense in California.
Oberlander was at once taken to jail,
but managed to escape and get to the
house Of Mrs. Messenger, just across the
boundary line in California. Mrs. Mes
senger was very much frightened when
the Mexican officials entered her house
and seized her guest.
Despite her protestations. Oberlander
was dragged out of the house and down
the road, the woman following the party
and screaming for help. The matter was
finally brought to the attention of the
American Minister in Mexico, who se-
cured the release of Oberlander.
Oberlander was injured as result of
his experience and Mrs. Messenger suf-
fered greatly in consequence of the Incl
dent.
Oberlander filed a claim for $50, 900 and
Mrs. Messenger one for $4,000, which
they claimed was due them for the
wrongs done them by the Mexican Off
ci{ls.
The matter was vigorously pressed by
the late Secretary Gresham, and Mr. Oh
ney continued the negotiations.
Mr.. Olney consented to the reference
to arbitration and on March I'd last
signed protocol referring the claims to
Senior Don Vicente Quesada, Minister of
Arc ir,o ot dv.iI
Senior Quesada was proposed by Minis
ter Romero Of Mexico, and his appoint
ment was opposed by some of the off,
cials who desired European arbiter.
Each government submitted to Que
sada copies of the correspondence and
documents and its own view Of the case.
Senor Quesada has been considering the
papers since last June. Administration
officials are inclined to criticise the
award on the ground that 1t is not In ac-
cordance with the facts presented.
Minister Romero regards the award as
eminently judicious.
HE KNOWS NO LAW
WASHINGTON; Jan. 4.-The cause OF
arbitration in the settlement of claims
between nations has received a severe
check in this award.
The discouraging feature Of the deci-
sion Is that in making the decision the
arbitrator apparently overlooked every
point of law according to the English
standard and decided the case with ref
erence to his sympathies. 1t is said that
a more extraordinary opinion than this
from legal point of view was newer seen
at the state department. Oberlander was
a deputy sheriff in California and he
was kidnapped and taken across the bor-
der by Mexican officers. Mrs. Messen-
ger, in whose house he had taken refuge,
was ill-treated. When it came to rem
dering his decision the arbitrator, it is
said, ignored the facts and reasoned
that because the United States govern
ment had not recognized the rights of
the Chinese government to indemnity
for the killing Of Chinese at Rock
Springs, Wyo., while insisting upon in
demnity for losses sustained by Amer
lean missionaries in China, we could not
expect to have an indemnity awarded
our citizens in such cases as these.
This peculiar lack of legal perception
is said at the department to be without
a parallel in the history of arbitrations,
and has undoubtedly done much to pre-
vent the submission of other claims to
arbitration unless it can be first known
that the arbitrator is familiar with the
principles of common law according to
the English standards.