The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-08
crnAx CLAWS COMMISSION.

CUBAN CLAIMS COMMISSION
Pending In the Senate is bill to au-
thorize the President 10 appoint a com
mission to adtudicate the claims OF Amer
can citizens growing Qua of the insured
ton in cuba which led up to the war with
Spain. Under the terms of the treaty OF
Paris each nation took over all claims
for indemnity. both national and individ-
ual against the other arising between the
beginning of the insurrectiOn in February
1895. and the signing Of the treaty on
April II, 1899 Already there have been
filed by Americans claims aggregating
S25 900. 600 and the probabilities are that
there will be still others forthcoming.
This government has heretofore had two
somewhat similar commissions, one I'M
der the treaty with Spain in 1919 and one
with Mexico in 1919. In both Of these in
stances the amount Of money which might
be apportioned 10 claimants was limited
in the first instance to 100000 and in
the second to $3.50 900. Whether Con-
gress VIII or not place limit upon the
amount to be paid from the national treas
ury for the Cuban claims is an open ques-
ton which will be debated when<the bill
is under consideration There are strong
arguments against the fixing Of a limit
among them being that If such were done
it would be necessary to adjudicate ail
of the claims before any of them could
be paid 1t would be impossible to tell
what the pro rata of payment would DE
until all OF the claims had been passed
upon and consolidated; which would re-
uuire a long time. On the other hand, if
no amount were specified in the law, each
claim could be paid as the commission
passed upon and ratified it, 1t seems 20
be the desire TO get the machinery for
grinding the grist of the claims into work
ing order at as early moment as may be.
The work can be done more easily and
expeditiously, and the fraudulent claims
can be more surely detected, while the
facts ere all fresh and the evidence read
lily available. Ii is a very well known
fact that as claims against the govern
ment grow stale and musty the chances
of fraud and the opportunities of lobby
lists increase BY closing the business up
quickly not only will money be saved, but
the amounts now locked up in the just
and meritorious claims will be released to
aid in the rehabilitation of the island or
in the development of our own resources.
The commission will be a very import
ant one, and should, it probably will,
be made up of men of the highest char
acter. 1t will have power over millions
of money, and will be besieged beyond
doubt by some very shrewd and unscrup-
ulous men with fraudulent claims backed
up by plausible but spurious evidence. A
court of claims is always a favorite field
for adventures, and the court in ques-
ton will not be an exception to the rule.
Furthermore the commission will be
called upon to add important contributions
to international law. 1t will have TO
pass upon the liability of governments for
the acts of insurgents where a state of
war is not recognized, as was the case in
Cuba 1t is said that no court has ever
passed upon similar case.
The amount of latitude which the COM
mission shall have is a matter that Con-
gress will have to determine. 1t has been
| suggested that the commissions award
shall be final. that from it there shall
be no appeal and also that the COM
missions certificate of award shall be
all that is necessary to secure payment
by the treasury. Against these sugges-
| tons, however, it is urged that they would
give too much power to the commission.
which should merely pass upon the claims
and report them to Congress, leaving that
body to make appropriations from time to
time for their payment.