Omaha daily bee., 1899-03-03
WAR CLAIMS COME UP NEXT
Anticipation that Large Number
VIII De Filed-Rules Goyern-
Ing Such Cases.

WASHINGTON, March 2.-The govern
ment expects to have to consider a large
number of claims for indemnity as n
sequence to our military operations and
campaigns, but II is said in a general way
by government 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 circumstances,
though all will receive the most careful
consideration. The following statement may
be regarded as summing up in a general
way the position this government takes in
the consideration of claims for indemnity:
No government, in the absence Of special
treaty stipulatione, insures the absolute
safety and security of the life and property
OF subjects or citizens of foreign states
against injuries committed by insurgents,
mobs or private malefactors within its own
territory. Every government is bound to
accord reasonable degree of protection to
aliens and to their property within its juris-
diction, as against such INJURIES but If the
authorities use reasonable diligence to ex-
tend the protection of the law to all 1t dis
charges its primary duty. If the govern
ment is notified that such injury is threat
ened 1t Is Its duty to guard against its in
Fiction If 1t is able to do so. The burden Of
proof In such cases rests on the claimant to
show the exceptional circumstances that
exist as the basis of such liability, as, for
example, that there has been want of
good faith or Of reasonable care in affording
protection. In short, 1t must be shown that
the authorities are morally culpable for the
Injuries inflicted BY the treaty of peace
this government will pay such claims as
arise subsequent to the outbreak of the
Cuban inSurractfop ba ,i,b I,
internationally liable to pay to American
citizens. This liability, of course, depends
on the circumstances under which the
injuries complained of were committed and
the grounds Of such liability are we'll defined
by international law authorities.
The State department has issued form
for the preparation Of claims against foreign
governments by citizens of this country in
voking the aid Of the State department.
These claims are limited to 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. Substantially the same rules
would apply In presenting claims against
this government by citizens of foreign
powers. Each claimant is required to file a
memorial, properly dated, setting forth
minutely and particularly the facts and cir
cumstances from which the right to prefer
such claims is derived by the claimant. This
memorial should be verified by an oath or
affirmation. The rules among other things
instruct claimants that in all cases in which
are property Of any description, for the
seizure or loss Of which claims have been
presented, was insured at the time of such
seizure or loss the original policy of in
surance or certified copy should be pro-
duced; documentary proof should be au-
thenticated by proper certificates or by the
oath Of witness and all testimony taken
In any foreign language exhibited in proof
should be accompanied by an English trans
lation.