The evening times., 1899-01-31
SIMPSONS CONDUCT
|. I'm SANTIAGO BAY
Case to BE Referred to the
Court of Claims.
Involved i'll the Demands Made for
Prize Money.
Decision of the Judges VIII Legally
Establish Whether the New York
Engaged in the Fight.

Judicial determination of the perplexing
| question whether Rear Admiral
| Sampson and the cruiser New York partic-
ipated in the battle of Santiago will lie
made by the Court of Claims as result
| OF the reference of the claims of officers
| and men for head money
| When the court takes the matter up its
| attention will be called by friends of the
| officers and men on the ships that took
| part in the fight to assistance given by the
| land batteries to the Spanish ships. The
claim will be made that the Spanish force
| was the equal, II not the superior, OF the
American force, and that consequently Of
hcers and men comprising the after are
| entitled to 5000 for each person on board
| the enemys vessel. To support this claim
| 1t will be contended that the New York
| did not participate in the actual lighting,
| and therefore is not entitled 10 any share
| in the prize money.
1t will therefore be incumbent upon the
court to determine whether the New York
| participated in the battle and whether the
| officers and men on board are entitled to
head money. OF course the superiority
| Of the American fleet over Ceryera' s squad
| ron is evident with the New Yo.e lncIuacd
| as a part Of the American force and
| ohOuid II uC uSCiuSu tudL SHE
there will be disbursed among officers and
men only S100 for each person on board the
| opposing ships.
While IL Is denied at the Navy Ders +
ment that the Secretary, In refcrriag the
bounty claims to the Court of Calims, de-
sired to avoid the responsibility of deter.
mining whether the New York was actu-
ally in the battle there is no doubt that
he appreciated that many awkward aues-
| tionS IikpIy tn ba IL. .;-,o
OF which would cause much CONTROVERSY.
He decided, therefore, the wisest course
would be for the department to refer the
matter to the Court of Claims.
The officers and men OF the armored
cruiser Brooklyn, the battleships Oregon,
Iowa, and auxiliary gunboats Gloucester
and Vixen, are greatly concerned in the
matter because their ships did the actual
lighting. Should 1t be determined that the
New York is not entitled to a share of the
head money" then will come up the ques-
tton whether Rear Admiral Sampson
should receive a portion of it,
II 1t should be determined the New York
is entitled to share in the head money"
then the court win probably have to deter
mine whether or not the Fourth Massachu-
setts Regiment and portion of the Thir-
ty-fourth Michigan, which were on board
the Harvard. are entitled to share. The
Massachusetts member Of Congress the
claims OF officers and men of the Massa-
chusetts regiment to participate in the
distribution on the ground that the Har-
ward was within signal distance. was an
effective vessel. well armed and that she
could have rendered effective assistance.
Besides the Harvard, the Resolute. Hist,
and torpedo boat Ericsson were within sig
nal distance. and their claims for consid-
Grafton in the distribution of head mon
ey will also have to be decided
Should it be determined by the Court of
Claims that the strength of the land bat
teries must be considered in determining
the relative strength of the opposing
forces, then Rear Admiral Dewey's men
VIII secure heavy increase of head mon
s,ra, o., onsidering merely the relative
miral Montojo's squadron, It 20 anu 3 ;,u-
that the American feet was superior: but
counting the land batteries. as claimed by
Rear Admiral Dewey. portion of the enc
mys command. then the superiority Law
with the Spanish.
The court will also have to decide
whether revenue cutters are entitled to
snare In the head money" the McCuI-
lochs case being the one upon which iudp-
ment will have to be passed She was un-
der Rear Admiral Dewey's command dur
ing the battle of Manila Bay