The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-05-29
DEwEY'S CLAIM ron PRIZE MONEY
The supreme Court Afirms the Judgment Of
the Court Of Claims.

WASHINGTON, MAY ~ ADMIRAL Dewey's
claim for prl2a money ON account Of the Battle
Of Manila Bay was settled by the Supreme
Court to-day ' II approved the Judgment of the
Court Of Claims. which fixed thu amount due
him AT 500 Tor each man of the force. on the
ground that The enrmy's force was inferior to
his own lie claimed s2U for each man. as-
sertirg that the encinv's force was superior.
including a. It did the guns on the land batter
lea and tho mines in the bay. some OF which
exploded during the battle.
The American vessels taking part In the battle
wero the olympia, baltimore. Boston. Raleigh,
Concord, Petr'l. McCulloch. Naushan and
SaDira, carrying I,S3G men and officers. There
were twelve Spanish vesse,, aud two torpedo
boats engaged -Four Of these were captured
by the Americans and the rest DESTROYED The
total number OF men on tn spanish vessels
was 2. 973, of whom ,0li were on the ships de-
stroyed and who form tn basis of thr Admiral's
claim for prize money The law regarding
prize money provides that whore the force Of
the enemy ia greater than that Of The captor
the officers and men shall receive $500 each for
every man Of the enemy's force: when the
force is inferior the mon shall receive 500 each,
Admiral Dewey brought SUIT in the Court of
= '''t'' WI sAVgi W. ''iA Nv U.s. 10 t"'' W ~
SIS. 2sO that would he due under the law to the
whole force engaged. The Court of Claims
decided that the Spanish naval force was
inferior TO that Of Dewey and the whole
amount OF prize money due was SO lao, Ad-
miral Dewey's share Of which would be 1850
The case was appealed to the Supreme Court
Justice Harlan. announcing the opinion and
judgment OF the court, reviewed a number of
vrt,a ,ra Aoo,ei,ps and enId. "N,pn nf thppl
meet the precise question now presented. They
throw no light on the inquiry whether, in esii-
mating the force OF an enemy's vessels strength.
the support furnished by land hatterleS. nln"s
and torpedoes l. TO he taken into cons deration
The texts OF the several laws regarding prlH'
money were recited, and the Justice continu"l'
II thus appears that Congress ~ Brovldlhr
for bounty to be paid by the lnited States on
account Of enemv's vessels sunk or oth"rwi."
destroyed by any ship or vessel belonging 10
the United States has never prescribed any
other rule than to Sve the smaller. amount
when the enemy's vessel was OF inferior force
and the larger amount'when the enemys vessel
was Of equal or superior force. We are ASKED
TO cOistrue the words in the present stathl',
fiOi II the eneny's vessel Is OF inferior force
and 800 y Of equal or superior force, TO mean
inst nhaiit would mean If the question oi the
lnferiority or superiority OF n" enemy vessel
was made by express words 10 Gepend upon
ported in the naval engagement by land bat
tories, mines and torpCdoe~. unhrr 'he chhite
Of others than those having the management
of the enemv's vessels. We cnnrot do that
without roing far beyond the obvious import
Of the words employed by Co"gr,ss.
We have not forgotten tho sHiI ana herolSin
diSv by the distinguished commander OF
our fleet, and by his Ulcers aud sailors in the
Battle of Manila All genuine Americans recall
with delight and pride tho marvellous achieve
ments OF our navy in that memorable engage
ment. But this court cannot permit Consldera-
tons of that character to cOntrol. It's determine
ton Of a judicial question, or to induce II 10
depart from the established rules for the inter
probation Of statutes The Court Of Claims did
not err in hold ny that in determining whether
the Spanish vessels sunk or DESTROYED nj Manila
were Of inferior or superior force 10 the Ameri-
can vessels engaged in that battle. the land
batteries, mines and torpedoes. not controlled
by those In charge Of the Spanish vessels. but
which supported those vessels, are to be eS-
cluded altogether from consideration, In that
Wow the decree below was right. and II Is
affirmed
Chief Justice Fuller read n dissent. holding
that the intent of the law was Ia take into aC-
count all the forces Of the enemy, land a. well
rs sea. and TO give n bounty for overcoming
them Justices White and MCKcnna concurred
in The dissent.
Later in the dav ex-Secretnry Herbert. coun-
sci for admiral Dewey. obtained leave to file a
petition for a rehearing of the case.