Evening star., 1898-08-20
REGARDED AS ABSURD
Sagasta's Statement as to Spanish
Claims.
LOOKED upon As MERE idle TALK
Rules Laid Down Regarding Title
to Property.
OUR POSSESSION OF MANILA

Officials of the administration are reticent
as to the attitude which will be assumed
by the United States in connection with the
surrender of the captain general Of Manila.
1t is intirnated that this surrender may not
influence the peace ncgotia tons materially
hut the claim set up by Sagasta in an inter
view with him recited in a Madrid dispatch
that the surrender of Manila was null and
void because it occurred after the signing
of the protocol is pronounced absurd. The
surrender is accomplished fact and we
are in the position of possessing, not merely
occupying, Manila. The protocol provided
for our occupation OF this territory pending
the peace negotiations. The surrender puts
us actually IL possession subject to no con-
ditions. ii does Eot, however, preclude this
government from considering whether or
not it will rec ede to SIain any part of the
group. The statement by Sagasta that
Spain will claim the property of national
buildings, barracks, prisons, land belong
ing to the state and the ports and arsenals
in Cuba and Porto Rico is regarded here as
merely idle talk. There is nothing, of
course, to tar Spain's laying claim to such
property, but this government will not yield
to such claim nor consider it. In rein-
gushing her sovereignty over Cuba and
Porto Rico without any provision exempt
ing the property of the state, that property
according to all usage goes with the terri
tory surrendered.
Property Rights of the Church.
In correction with The suggestion that
embarrassing complications are likely to
result from the consideration of the prop
erty rights of the church in Porto Rico and
Cuba. 1t is of some interest to know that
the United States government has adopted
a general rule on the subject of church
property in captured territory. Article "a
in Lieber's instructions for the government
of armies, etc, which was approved by
the President and adopted by general Or
der in 1863, says this subject that "as
a general rule the property belonging to
churches, to hospitals or other establish
ments of exclusively charitable character
| to the establishment of education, or found
ations for tie promotion of knowledge
whether public schools universities, acade-
mics of learning or Cbservatories, museums
of fine arts or of a scientific character, such
property is not to be considered public
property in the serse of paragraph 81, but
may be taxed" etc.
Paragraph 81 referred to provides that
public moneys and all public property may
be appropriated by the government taking
possession of territory, the permanent title
to real property remaining in allegiance un-
til the conquest is made complete
While these are general rules in the case
of actual conquest, it is appreciated that
new principles may be required to meet
new conditions as the circumstances under
which Cuba and Porto Rico come under
our control are somewhat novel. In the
case of Cuba the question is further COM
plicated by the fact that the United States
has not asserted a purpose to acquire or
arnex the territory but merely to free it
from Spanish domination.
Views in Official Circles.
Sagasta's claim that Spain will expect
inde mnity for all government property,
buildings, barracks, Notifications, etc, in
Cuba, Porto Rico and elsewhere has ex-
cited much comment, as indicating the diff
ficult questions to be treated by the mill
tary and peace. commissions. In official
quarters there is no disposition to make a
counter claim to Sagastas proposition, for
this will be done in due time before the
commissions, and there is purpose to
outline the governments policy in advance.
AT the same time leading officials express
their individual opinion that Premier Sa-
gasta's claim is very far fetched 1t is
pointed out that after the cession of Louis
lana to the United States this government
succeeded to the sovereign interests of
France and Spain in that province includ-
ing the public reservations. This appears
to be the most direct case in point where
public property passed with the territory
ceded. The rule is equally well estab-
lished that private property undergoes no
change. The question is somewhat compli-
Gated in the present case by the fact that
Cuba and Porto Rico are not acquired
strictly by conquest, but rather by mutual
agreement In case of conquest no ques-
tion could arise as to the passing of all
FORTS barracks, reservations etc. along
with the conquered territory