New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-12-12
NAVAL PRIZE MONEY CASES.
CONDENSATION OF THE BUENA VENTURA OVER
RULED-THAT or THE PEDRO AND THE
GUIDO AFFIRMED.

GUIDO AFFIRMED.
Washington. Dec. 1.-THE United States Supreme
Court to-day decided in the naval prize money
case growing out OF the capture OF the spanish
steamer Buena Ventura during the war with Spain
that the condemnation OF the vessel was contrary
TO the terms of the Presidents proclamation. and
ordered the proceeds Of the sale OF the vessel be
turned over to the owners. In the cases OF inc
Pedro and Guido, also owned by spanisrds. the
condemnation was affirmed.
The opinion In tho case OF the Buena ventura
was handed down by Justice Peckham ana turheu
on the construction OF the clause or the freslueh'
Message OF Al ril 20. 1885, exempting Spanish YES
GELS in American ports from the operation Oh the
proclamation Of the until May q following
II was shown that the Ventura had left an Amer
lean port on the Gulf OF Mexico on April IL, seven
DAYS before the Presidents proclamation was Is
sued and that she was captured on the |olh VI
that month Of the same day on which the proclaim
alton appeared. The decision turned on the point
az TO whether the Presidents exemption order
annlied to Spanish vessels which had left American
ports for ports In neutral country prior 10 the
Issuance Of the proclamation. Justice rechha'n
opinion held that It did apply to vesseis uhoer
this condition, and that on this account the 'eh'-
ura though owned by Spanish house. was eH-
empt He said that the policy Of the United states
always had been one OF liberaty in such cases ana
that there was reason for change OF PDmgs
at this time lie TIN proceeds e Of the sale Of the
vessel Wsae justices Gray and McKenna dissened
The Chief Justice delivered the opinion OF the
Court in the OF the Pedro ana tne Gu,uo; az
ne tn fSeTe ere dssen in both Four
OF the nine members OF the court nnteu IN
SSnio5 Was handed down by Justice White and was
concurred in by Justices Brewer Shiras anu row"
The Chief Justice In his opinion in this case stated
the facts to be that he cnban p SSt with the nen
ton OF afterward proceeding to the United s'S an
for cargo OF lumber for her return op the '25 sailed
for Santiago, Cuba; and was captured ,me
In passing the merits of the case the Chie IA u n
tice held war had been practically deSlsren v
me Enown this fact lie dwelt the fact that
the vessel was proceeding from port OF the enemy
to another Sa The case dd not come under any
OF The exemptions of the Presidents Message; .
JqsSe W Re fact In fs the
years engaged in regular line OF business n sad
that the landing of the light cargo she carried ito TO
Havana was only an incident as m ~ Which was to
be carried from the United states on tne Hor
b He a Sbe g5g ihe I Pedr6 e that port
The Guido turned on similar state 9t al,
da ian ScIded against the Spanish owners In this
case Justices Shiras. White ana Feckhaih u's'e"eu
Tho snanish steamer Buena Ventura, which was
cantured by the American fleet in Cuban waters
ust after the outbreak Of the war with Spain, and
was the first prize OF the war, but which has just
been declared by the Supreme Court Of the United
| states not 10 be legitimate prize, was sold by
order OF the Government after she had been con-
| demned as q prize by the United States District
| Court In Florida to Lewis Luckenbach for $4,000
! Since then she has been used along the Atlantic
| Coast for towing. Mr.. Luckenbach said yesterday
| that the decision OF the Supreme Court would not
| affect him-that the steamer had been bought by
| him from the Government. that IT was his, and
| CO. the agents in this city of Larrinaga Co., the
| owners OF the vessel, In a happy frame or
| mind over the decision. They said they did not
| know the nature OF the compensation which they
| would receive for the loss OF the steamer