The record-union., 1898-01-05

WASHINGTON, Jan. 4.-The cause of
arbitration in the settlement of claims
between nations has received a. severe
check in the award by the arbitratorS
III the case of Oberland and Messenger,
who claimed $4,000 and $25, 900 re-
SpectiVely for i'll treatment by the Mex
lean authorities. The arbitrator was
the Argentine Minister at Madrid, Senior
Quesada, and his decision was in favor
of the Mexican Government and against
the American claimants.
The discOuraging feature of the de-
cision 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 a legal standpoint Of view, was
never seen at the State Department.
The claims of Oberlander and Mrs.
Messenger grew out of the ALLEGED bru-
tai treatment of the man and the inhu-
man treatment of the woman some
years ago.
Oberlander was a Deputy Sheriff of
the County of San Diego, Cal. He went
into Mexican territory to examine into
a 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 pock-
ct warrant for the arrest of MeXl-
can who had committed an offense III
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 California Mrs. Mes
f,.icr n on 1GH
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
secured the release of Oberlander.
Oberlander was injured as a result of
his experience, and Mrs. Messenger suf-
fered greatly in consequence of the in
cident Oberlander filed a claim for
S50, 900 and Mrs Messenger one for
So, 900, which they declared was due
them for the wrongs done them by the
Mexican officials.
The matter was vigorously pressed
by the late Secretary Gresham, and
Mr. OIney continued the negotiations
Olney consented to the reference to
arbitration. and on March I'd last signed
q protocol referring the claims to Senor
Don Vincente G.. Quesada, Minister OF
Argentine at Madrid, for settlement
Senior Quesada was proposed by Min
lister Romero of Mexico, and his ap-
pointment was opposed by some OF the
officials, who desired European
named as arbiter
Each Government submitted to Senor
Ouesada copies of the correspondence
and documents embodying its own
view of the case. Senior Quesada mas
beeu considering the papers since last
June.
When it came to rendering his decis-
1on the arbiter. it is said, ignored the
facte and reasoned that because the
limited states Government had not rec
oenized the rights of the Chlnese 1oN :
ernment to indemnity for the klAlng OF
chinese at Rock Springs, Wyo., Whle
insisting upon indemnity FOR losses sus-
.ainad by American missionaries III
china. we could not expect to nave an
sndennity awarded our citizens In such
cases as this.
This peculiar lack of legal percepuoIl
&c said at the department TO De alIiloSt
without a parallel in the history OF ar
.1,;+rations. and has undoubtedly done
'.,.a,, -, ,,,-event the submission OF otner
+,ot,r,e to arbitration, unless 1t can be
first known that the arpi'i tasol =
,n,liar with the principles ol ooi,liliolA
law. according to the Engilsh s''lii''''' Us