The evening times., 1900-02-16

The Claims Convention, ratifications Of
which will probably be exchanged this
week by Secretary Hay and Senior Vicuna.
| the Chilean Minister, who is expected to
reach this city in a day or two, reyiyes
the convention of August Z, 1892, for the
| purpose of adiudicating the claims which
were duly presented to the Commission
organized under the previous convention
| but were not determined by that Commits
sion because of the expiration of the six
months limit set for its duration.
The convention of 1892 provided for the
adjustment of all claims of citizens, COM
panies. or corporations of the one Govern
ment against the other. and it is stipulat-
ed that the proceedings of the Commission
should be considered by the contracting
parties as a full. final. and perfect set
tlement of any and every claim upon eth
er Government, and that every such claim.
whether or not the same may have been
presented to the notice Of or laid before
the Commission. should be treated as
finally settled. concluded. and barred.
OF the twenty-eight claims against the
Government of Chile, aggregating about
S26 ,o00 0oo in amount presented to the
previous Commission by the United States,
the Commission found in favor of this
Government in six eases, making awards
amounting TO S240, SOC. OF the three
claims OF Chile against the United States.
amounting 10 s2e4.74O. one claim was dis
missed by the Commission.
When the life Of the Commission expired
sixteen claims of citizens of the United
States against chile. amounting to upward
of 81 000 Gee and two claims of Chile
against the United States. amounting to
S2S2. .24e. were left undisposed of Nego-
tiations were opened by Mr.. Olney with
Senior Cana. the chilean Minister here
which resulted in the signing of the con-
vention reviving the former convention for
the purpose above indicated. One of the
largest claims against Chile, that OF the
North and South American Construction
Company. has been directly adjusted be-
tween the Chilean Government and the
claimant company since the completion OF
the laborS of the Commission.
The claim Of Patrick Shields for per
scnal injuries received at Valparaiso in
1891 which Nas dismissed by the Com
mission on the ground that Shields vas
not q citizen Of the United States. has
been settled recently by the payment by
Chile TO the United States OF $500 in
pursuance of the terms of protocol sign
ed by Secretary sherman and the Chilean
Minister in 1885,. Shields was seaman
on an American vessel. and under United
States laws entitled to the protection OF
this Government although he had not been
naturalized. and hence did not come within
the terms OF The Claims Convention of
1891.
The claims against Chile cover a period
beginning IN 1916 during the first strug-
gle OF Chile for independence down to and
including the Congressional revolution
against Balmaeeda in 1891.
The TWO claims OF Chile against the
United States are those of the South
American Steamship Company and Ricar-
do L. Trumbull The first arose out of the
seizure by the United States naval au-
thorities in 1891 of TIE famous steamship
ftata The Itata was sent by the Con-
gressioual party. then in insurrectiOn
against the Government OF Balmaceda. to
bring from The United States a cargo Of
arms and ammunition. The vessel touch
ed al san Diego. Cal An agent Of the
fes and 9oUN. o0o cartridges in New York
city and shipped the same by rail 10 San
Francisco. 4 schooner, the Robert and
Minnie was chartered to carry the cargo
10 q point near Catalina Island, where she
was 10 be mel by the Itata.
The suspicious of the United States Off
cials that the neutrality laws were being
violated were aroused, and under the d-
rections OF the Attorney General the
United States Marshal went on board the
Itata Al san Diego and put a keeper In
charge OF her. and then went in search OF
the Robert and Minnie which he did not
find in the waters of the United States.
The schooner managed To communicate
with the Itata, and the latter. without OBJ
tanning clearance papers and against the
protest Of he person left in charge OF her
by the Marshal sailed from San Diego.
putting the keeper ashore at the mouth of
the harbor.
Three lays later the ljata and the Robert
and Minnie came together near San Gle
meuie Island. on the California coast. and
the arms and ammunition were trans
ferred TO ;he ltata which sailed at once for
Chile The United tSates had not at that
time recognized the Congressionalist party
as belligerents or otherwise The Charles
ton was sent in pursuit of the Itata. but the
latter reached lauque Chile. in safety.
She was however. delivered TO the naval
force of the United States lying at anchor
in that port and brought back to San
Diego, where the ship was libeled in the
United States District Court for violation
OF the neutrality laws. The court held that
the evidence showed the only purpose Of
the ltata TO be that of a stOreship to trans
port the arms and ammunition to Chile to
be used on shore by the insurgents. and
that none of the acts shown constituted an
arming. fitting out or furnishing with the
intent TO cruise against the established ]
OF Chile. The libel was accord
ngly dismissed. and this decision was
affirmed on appeal 10 the United States Cir |
suit Court of Appeals. and the Itata was |
released. |
The court. however held that there was |
probable cause for believing that the YES |
e was violating the neutrality laws. The |
laim made before Gle Commission was for |
lamages caused by the detention of the |
-essel. loss of use, etc No consideration of |
he case on its merits was had by the |
By the terms of the new convention the |
Commission is to have four months for the |
of its work to be reckOned