The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-05-22
SPANISH TREATY CLAIMS.
Mode of Procedure Discussed Before
the Com m iSsfon.

The first hearing on motions affecting
/ claims fled with the Spanish Treaty
! Claims Commission was held today in the
rooms Of the Commission. Several mo-
| tions made by Assistant Attorney General
/ Fuller led TO q general discussion Of the
/ methods Of pleading and practice to be
/ observed. Motions to dismiss several Of
/ the petitions were submitted by Mt. Full
/ Ter, and the only ruling made by the
/ Commission was that generally the body
( would not dismiss petitions for errors in
( pleading, but would grant permission to
amend.
/ Mr. Fuller in arguing motions TO strike
1 out, and motions to dismiss, stated that
| his references would apply to nearly all
1 Of the cases presented. He stated that
/ there was a general misapprehension on
/ the part Of attorneys, Of the statutes and
+ rules Of the Commission, in regard 10 the
methods Of pleading and practice to be
/ observed, as evidenced in the form Of the
I petitions fled.
He stated that the practices Of the Com
mission, as contemplated IN the statute
/ creating it. should be governed by com
mon law. If the Commission were not to
be governed by the comon law, Mr. Fuller
suggested that it became merely an aud
iting board. and that he had no duties
to perform before it
He asserted that the United States was
bound, willing, and only too glad to pay
every claim against Spain contemplated
in the Treaty Of Peace founded IN fact
and equity. But all such claims, he said,
must be proven IN q legal way and gov
erned by rules of common law
The Introduction OF extTaneOus matter
! in petitions he considered direct con
/ travention OF all proper legal form. and
was possibly introduced to excite the
/ sympathy Of the Commission Documents
! fled in the State Department, ne urged,
could not become part OF the evidence
before the Commission until properly Of
fered in evidence, subject to objection.
Nj Fuller quoted from the proceedings
Of the House Of Representatives when the
bin creating the Commission was under
/ discussion, and noted the correction Of n
clause in the Senate resolution giving dis
cretionary powers to the Commission in
the matter Of practice and the Considera-
ton of claims This amendment of the
original bin, ne said was with a view 70
instituting the rules Of common law IN
the practice before the Commission
IN a motion made to dismiss claim.
Mr. Fuller demanded that in cases where
damage to property was done BY both in
surgent forces and by Spanish forces. the
damage done by each force should be def
nitely specified
/ G. Rodriguez. Mr.. Butler. of New
York, and several other attorneys, repre-
senting claimants. opposed the position
taken by the Assistant Attorney General
on sundry points. but no extensive adverse
discussion was presented Several Of the
attorneys have amended their peti-
tiOns in line with points made
by Mr.. Fuller. The Commission re
served its ruling in all cases
except in the tentative position in regard
to the dismissal Of petitions recited above.
The Commission has directed the clerk
10 notify attorneys, that petitions should
be addressed 10 the Spanish Treaty
Claims Commission, treating the United
States as the only defendant, and each
case should be entitled as follows: "A b
CcIaimanU against the United States"
Moderation Of expression in reference TO
any foreign Government should be OBJ
served in the petitions, Dleadings. evf-
dence, and briefs before the Commission
Petitions should not be accompanied by
exhibits which it would not be proper TO
file IN ordinary judicial proceedings. Pa
pers heretofore flied which do not con-
foru to the foregoing suggestions should
be corrected.