New-York tribune., 1899-06-12
AGAINST SPAIN.
ATTITUDE OF GOVERNMENTS REGARD.
ING THE DEMANDS.
BILL FOR A COMMISSION INTRODUCED IN
sENATE-ABoUT 10 PER CENT OF
THE SUM ASKED FOR Ex-

sENATE-ABOUT 10 PER CENT OF
THE SUM ASKED FOR Ex-
pECTED TO BE PAID.
Ipr TELEGRAPH To THE TRIBuSEl
Washington. June 11.-American citizens having
claims against Spain other than those erisihB
since the beginning of the fnsurrection In Cuba are
interested TO know what will be the attitude Oh
the two governments concerning such claims.
In general 1t may be said that war wipes out III
old scores between the opposing governments. anu
they open accounts with clean slate some''ineS
the treaty Of peace at the close or war n'aAe'
a specific declaration as to the claims OF ei'hei
government against the other In the treaty VI
paris each government relinquished all claims for
Indemnity national and individual. OF every KIhd
against the other which had arisen since the be-
ginning of the Cuban insurrection and prior to the
exchange OF ratifcat tons Of the treaty The uhited
States agreed 10 adjudicate and settle the claims
Of It's citizens against Spain. 30 renquished In
pursuance OF this provision a bill was introduced
in Senate in the closing days OF the last ses-
sion Of Congress- modelled after the act adopted
AT the close Of the war with Mexico when
similar stipulation entered into with reference
10 the claims Of American citizens against Mexico
The bill was favora5y reported by the Committee
Foreign Relations, but II was so late In the
session that It failed to be acted upon. 1t Is pre-
sumed that it will be taken up and made law at
an early day In the coming session OF Congress
TERMS OF SENATE BILL.
This bill authorizes the President 10 appoint. by
and with the advice and consent OF the Senate.
three persons, who shall constitute board OF
commissioners. to meet at Washington within SIX
months from the passage Of the act, whose duty II
shall be to receive. examine and decide all claihs
OF citizens of the United States upon Spain which
are provided for by the Treaty Of Paris and which
may be presented to them. The Commissioners are
required to report TO The Secretary Of State list
Of the awards made by them. and the retary OF
the Treasury is authorized to pay the same
The aggregate Of the claims of citizens OF the
United States against Spain arising out Of the In
surrection now on file in the Department OF State
is said to be upward OF $50 10000 AS Is always the
case in claims OF this character the amounts
claimed are doubtless In many instances eXag-
gerated. and some will doubtless be found 10 be
entirely lacking In merit A study OF the history
Of previous claims commissions warrants the pre-
dction that than 10 per cent OF the amount
claimed will be awarded OF the whole amount
claimed before the American and Spanish Claims
Commission under the agreement of 1911. that Is.
$50 0C0 600 only sl.S00OOO allowed. OF the l,07
claims against Mexico. presented to the Commis-
sion established under the Treaty OF 1865 s3l were
disallowed or dismissed. The French and American
Claims Commission under the Convention OF 1880.
allowed less than per cent of the claims OF
French citizens against the United States the
amount claimed being $35 10000 and the amount
allowed being only ss25oOO. The awards by the
Venezuelan Claims Commission. under the Treaty
OF 1880, amounted a trihe more than 10 per cent
of the amounts claimed and those by the Peruvian
commissions. under the conventions Of 1863 and 1868
respectively. TO less than that percentage.
SPANS FURTHER OBLIGATIONS
In addition TO these claims arising out OF the
Cuban rebellion there are the claims OF the holders
OF the obligations Of Spain issued in pursuance OF
the stipulatons Of the treaty Of 1884 called IN
sorptions Of perpetual rents" These were issued
in settlement of the balance found due on account
of pending claims Of the citizens OF either govern
mont against the other-those Of the United States
arising in consequence Of the between Spain
and her American colonies, By the treaty Spain
agreed to pay the balance aforesaid. the sum
Of 100000 reals ve,lon Chat is 900. The United
States agreed to accept payment in Spanish stock,
the inscriptions be distributed by this Govern,
ment to the parties entitled, and the interest there
on. at the rate of 5 per cent year, TO be paid
every six months III Paris. whence 1t was TO
be remitted TO the Treasury of the United States
and distributed TO the parties entitled. These in
scrptons duly entered In the great book of
the public debt OF Spain thereby becoming public
Obligation OF that Government, and Spain met the
interest payments tor period Of sixty-two years,
payment made on September g. 1897 Three in
stalments, amounting to $500 are now overdue.
of the United States Senate in January last this
subject Senator Davis held that the obligation OF
the war The report stated that In the negotiations at
Paris last fall it was proposed TO insert In the
tween the United States and Spain, among which
was that OF 1884 should be held 20 continue IN force
of doing this. and 1t was deemed unnecessary by
the American Commissioners to revive the treaty
OF 1884 for the reason that II had been executed
by the creation Of a public obligation and security
OF Spain whose invioability did not depend upon
the continuing force OF the treaty. but was estab-
iished by the fact that IT outstanding secu-
rty OF Spain, constituting part OF the pubic debt
OF that Kingdom Ii is presumed that this view will
be taken by this Government and that with the re.
sumption of diplomatic relations spain VIII De
asked TO resume payment Of these inscriptions.
CLAIMS SETTLED BY WAR
In reference TO claims OF American citizens
against the Spanish Government not embraced in
the two classes above mentioned, 1t is believed that
according to the better authority they were
tinguished by the war and the failure of this Gov
ernment to provide for their settlement in the
treaty of peace. Wharton says that the effect of
a war. followed by treaty of peace Is to ex-
| tinguish such claims by OF the belligerents
| against the Government OF the other not
provided for by the treaty OF peace. international
| Law Digest Section 24o) Lawrence. in a note TO
wheatons international Law" p. ST. says:
state OF war abrogates treaties previously ex-
sting between the belligerents, and treaty of
tortious committed under the authority OF
one government against the citizens or subjects of
another unless they are provided for In its stpu-
lations.
II is worthy OF consideration whether such claim
ants have not an equitable claim upon the United
States account OF its failure to obtain satisfac-
| ton Of their claims In the final adjustment with
| Spain Their remedy in such case would be by
appeal TO Congress.
TRYING TO STOP SUNDAY GAMES.