The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-08-01
An Indemnity for italy,
New York SUM

The information given by the Cover
nor of Louisiana to Secretary Hay is
that three of the five victims of the
Tallulah lynching were naturalized
Americans. In the Malta riot of 1891
there We're more victims, and the
amount of indemnity allowed by con-
gress was $4,000. The president will
undoubtedly adhere to the position
taken in 1891, namely, that it is not
possible in such cases to put the lynch
ers on trial in a Federal court, the
matter being wholly under state juris-
diction. 1t may be hoped that LOuisi-
ana will see the wisdom of bringing
the lawbreakers to justice, more es-
pecially as DR.. Hodge was not fatally
wounded by the Italians. Still, if there
should be a miscarriage of justice
again, as so often before, and we might
say habitually in lynchlng cases, Italy
would be compelled to satisfy herself
with the money indemnity, as she was
eight years ago.
The general opinion of pubicists
| seems to put alien residents on the
same footing as citizens in cases of
| mob violence, and not on a better. Our
treaty with Italy promises "the most
| constant protection and security" for
| the persons and property of her citi-
zens dwelling here, but adds that they
shall "enjoy in this respect the same
rights and privileges as are or shall be
| granted TO the natives, on their sub
mtting themselves to the conditions
! imposed on the natives" DIR. Snow, a
| high authority on international law,
| quotes Bluntschli as holding that for
eigners cannot insist on indemnity for
losses resulting from internal violence
in Il state. Hall takes still stronger
! ground, holding that strangers risk in
| testine war, because the government
| cannot control it, and because its own
! interes. is to avoid such connections,
so that undue carelessness on it's part
cannot be inferred. A third authority
cited to the same effect is Calvo, a
Latin American. These publicists are
! discussing great connections or civil
war, but in all cases the principle
seems to be extended to ordinary mob
| violence.
In the massacre of Cinnamon at Rock
! Springs, in Wyoming, in 1885, the State
! department denied "all liability to in
demnify individuals, of whatever race
or country, for loss growing out OF vio-
lations of our public law" and held
that there was ample source Of repar-
alton through the ordinary channels OF
! justice. On the other hand, our State
department had insisted in 1878 that a
government lis liable internationally
for damages done to alien residents by
a mob which by due vigilance it could
have rcpressed." Practically. while de-
nying liability TO indemnity for mob
violence, our government has frequent
ly asked congress 10 award It, as a
matter Of equity, and congress has an.
proved this course.
1t was so in 1851 in the riots against
Spanish residents at New Orleans and
Key West, II was so, as We have seen
corty years later, in the Malta riots
IL was so again in the case Of the Ital.
ians lynched at Hahnville. in Loulsi.
ana, in 1896, for which our government
paid $4,000. 1t was so with some Chi.
nese riots at the west, the government
seeing that 1t would be unjust TO de-
mand, as we frequently do, indemnity
for outrages committed upon Ameri
can missionaries and others In China