The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1899-03-03
WAR CLAIMS.
None of tho Indemnity Claims SO far
Have Substantial Grounds.


WASHINGTON, D. c.. March a.
The government expects to have to con-
slider large number of claims for In
demnity as a sequence TO our military
operations and campaigns, but It Is said
infa general way by government off,
Gals that so far none Of the indemnity
claims reported as 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 state
inent may be regarded as summing up
in a general way the position this gov
eminent takes In the consideration Of
claims for Indemnity.
No government In the absence OF
special treaty stipulatons lnsures tho
absolute safety and security OF the life
and property OF subjects or citizens OF
foreign states against injuries commit
ted b. insurgents. mobs or private NAL
efactors within It's own territory. Ev-
cry government Is bound to accord a
reasonable degree of protection to aliens
and to their property within It's juris-
dlction as against such injuries, but II
the authorities use reasonable diligence
to extend the protection OF the law to
oil 1t discharges its primary duty. II
the government Is notified that such in
Jury Is threatened II Is its duty to guard
against Its infection II 1t Is able to do
So The burden of proof In such cases
rests on the claimant to show the ex-
ceptional circumstances that exist as
the basis of such liability, as for exam
pie that there has been want OF good
faith or OF reasonable care In affordins
protection. In short It must be shown
that the authorities are morally culpa-
Bile for the injuries inflicted. By the
treaty OF peace this government Will
pay such claims as arise subsequent to
the outbreak OF the Cuban instruction
as the Spanish would be internationally
liable to pay American citizens. This
liability Of course depends on the cir
.cumstances under which the injuries
complained of were committed and the
grounds Of such liability are well de-
fined by international authorities.
The state department has issued
form for the preparation Of claims
against foreign governments By citi-
zens OF this country invoking the aid
OF the state department. These claims
are limited u tNOSe AIlOl IOunueu Oh
contract and the rules for their pre-
paration are substantially those which
have been adopted By commissions or
gaaized under conventions between the
United States and foreign governments
for the adjustment of claims. Substan-
TALLY the same rules would apply In
presenting claims against this govern
'ment by citizens OF foreign powers.
Each claimant is required to file
memorial properly dated setting forth
infinitely and particularly the facts and
circumstances from which the right to
prefer such claims Is derived by the
claimant. This memorial should be YER
,ifed by an oath or affirmation. The
rules among other things instruct
claimants that In all cases where pro-
perty of any description for the seizure
or loss OF which claim has been pre-
scented was insured at the time OF such
seizure or loss the original policy OF
insurance or certified copy should be
produced: documentary proof should
be authenticated by proper certificates
for BY the oath OF a witness and all
testimony taken In any foreign lam
guage exhibited in proof should be nc-
companied By an English translation.