The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-03-06
WAR INDEMNITY CLAIMS.
Some of the Rules of Procedure In
Prosecuting Them.
From the New York Post

From the New York Post.
Washington, March 2.--The government
expects to have TO consider the large num-
Der of claims for indemnity as a sequence
to our military operations and campaigns,
but it is said in a general way by gov
eminent officials that so far none of the
indemnity claims reported as a result of
the war appear to have substantial
grounds in the light of all the circum-
stances, though all will receive the most
careful consideration.
AS summing up in a general way the
position which this government takes in
the consideration of claims for indemnity,
it is said that no government In the alb
sence of special treaty stlpula ton insures
the absolute safety and security of the
life and property of subjects or citizens or
foreign states against injuries committed
by inurgents, mobs, or private malefac-
tors within its own territory. Every gov,
eminent is bound to accord a reasonable
degree of protection to aliens, and to their
property within its jurisdiction, as against
such injuries, but if the authorities use
reasonable diligence to extend the protec-
ton of the law to all it discharges its
primary duty.
If the government is notified that such
injury is threatened it is its duty TO guard
against its infection if it is able to do So
The burden of proof in such cases rests
on the claimant to show .the exceptional
circumstances that exist az Che basis' OF
such liability, as, for example, that there
has been a want OF good faith or of rea-
sonable care in affording protection In
short, Ii must be shown that the authorl-
ties are morally culpable for the injuries
inflicted. By the treaty of peace this gov
eminent will pay such claims as arise
subsequent 20 the outbreak of the Cuban
Instruction as the Spanish would be in
ternationally liable to pay to American
citizens. This liability, of course, depends
on the circumstances under which the in
juries complained Of were committed, and
the grounds of such liability are well de-
fined by international law authorities
The state department has issued a form
for the preparation of claims against for
eign governments by citizens of this coun-
try invoking the aid of the state depart-
ment. These claims are limited 20 those
not founded on contract, and the rules for
their preparation are substantially those
which have been adopted by commissions
organized under conventions between the
United States and foreign governments
for the adjustment Of claims. Substanti-
ally the same rules would apply in pre-
senting claims against this government by
citizens of foreign Powers. Each claim
ant is required 10 file a memorial. proper
ly dated, setting forth infinitely and par
ticularly the facts and circumstances from
which the right to prefer such claims
is derived by the claimant This memo
rial should be verified by an oath or af-
firmation. ~
The rules, among other things, instruct
claimants that IN all cases where property
of any description, for the seizure or loss
of which a claim has been presented. was
insured at the time of such seizure or
loss. the original policy of insurance or
certified copy should be produced docu-
mentary proof should be authenticated by
proper certificates or by the oath of a
witness, and all testimony taken in any
foreign language exhibited in proof should
be accompanied by an English translation