Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-03-14
Object of the Spanish War Claims
Commission.
SUITABLE QUARTERS BEING SOUGHT
Clerical Appointments Outside
Civil Service Rules.
MODE OF PROCEDU r E

Ex-senator Chandler, president of the
Spanish war claims commission. IS absent
from the city for a few days and the COM
mission will not organize until his return
next week In the meantime suitable
quarters are being sought for the commits
sion by the officials of the Department of
Justice in the vicinity of the department
building.
For the present the commission is minus
one of it's officers. Mr.. William E Fuller,
who was rendered the position of assistant
attorney general. to assist the commission,
at $500 a year. has declined the appoint
nent. Mr.. Fuller lives in West Union,
iowa 1t is not believed, however. that the
object of the organization of the commits
sion will be completely frustrated through
failure to find some sef-sacrificing
enough to give his services for the COM
pensation mentioned
Clerical Force to Be Employed.
y chief clerk is yet to be appointed, who
viii receive salary of 5000. The act also
provides for the employment of such assist
ant attorneys as may be necessary at the
rate of 500 month for the time employed.
The commission is empowered to appoint
a clerk. one messenger and zone or more
stenographers, typewriters and interpret
eTs, the business of the commission may
require: and may also employ one more
commissioners, whose duty shall be to take
testimony in such cases as may be brought
before the commission" The law fixes the
salary of the messenger the stenogra piers
and the typewriters at 81 100 per annum
and of the interpreters at 81 800 per annum.
The commissioners to take testimony
shall be allowed such fees as may be fixed
by the commission, not exceeding the fees
allowed by law for the taking of testimony
to be used in the courts of the United
States. including the sum of 81 per day.
which the courts now allow commissioners
for taking testimony.
The appointments authorized by this
section shall be made without reference to
the rules and regulations of the civil serv-
Ice
One drawback confronting the commits
sion Is the fact that Congress provided only
10000 for all these purposes Deducting six
5000 salaries the five commissioners and
me assistant attorney general, there is
left only $4,000 for all the other salaries
the furnishing and rent of quarters and
the miscellaneous expenses
Object of the Commission.
The commission was appointed by au-
thorlty of an act of Congress approved
March to adjudicate all claims of citizens
OF the United States against Spain which
the United States agreed to adjudicate and
settle by the treaty Of Paris
Some 300 claims. involving about s3S, OOO,-
900. have been filed with the Department
OF state for reference to the commission.
When the bill creating the commission
was under consideration in the House the
statement was made in debate that the
aggregate of the claims ultimately pre-
sented would reach several hundred million
dollars. 1t was charged that one firm of
attorneys in Washington had claims
amounting to So.OOo,6O0- Subsequently Mr.
GrosvenOr of Ohio stated that the total
would not exceed $3S, 900, OOO and that the
total value of property of Americans in
Cuba at The breaking out of the insurrec-
ton was not S50.oO0.0oo. He said that the
washington firm instead of having the
amount of claims charged to it had only
S6,OOO,OIO in claims
Some of the Claims.
According to a document transmitted to
Congress. giving a partial list of the claims,
some OF the amounts are very large, in in
dfvidual cases running as high as 81 600
100. while there are numbers of quarter
million and NEUTRALITY-SUSPICIOUS. claims In
demnity is asked for loss Of property. for
Imprisonment and personal suffering and,
IN several instances. for death of relatives.
One widow asks 100000 for the death of
her husband and another $4,000 for SIM
liar reason.
Mode of Procedure.
The law provides that every claim pros
ecuted before the commission shall be pre-
sented by petition. setting forth concisely
and without unnecessary repetition the
facts upon which such claim is based, to-
gether with itemized schedule setting
forth all damages claimed. The petition
shall also state the full name, the residence
and the citizenship of the claimant, and
the amount of damages sought to be re-
covered. and shall pray Judgment upon the
facts and law. 1t shall be signed by the
claimant or his attorney or legal repre-
sentative. and be verified by the affi-
davit of the claimant, his agent. attor-
ney or legal representative. 1t shall be
nled with the clerk of the commission and
the prosecution of the claim shall be
deemed to have been commenced at the
n ling Lott Oh.
nled within six months from the date of
the first meeting of the commission, and
every claim not filed within such time shall
be forever barred. However, the commits
sion may receive claims presented within
six months after the termination of that
period if the claimants shall establish to
their satisfaction good reasons for not pre-
senttng the same earlier.
Service of the petition shall be made
upon the Attorney General IF the United
States at such time and in such manner
as may be prescribed by the rules of the
commission II shall be his duty to de-
fend the interests of the United States
and he shall within sixty days after the
service of the petition upon him, unless the
time shall be extended by order of the
commission. file demurrer OF answer to
the petition, which, answer shall set up
all matters of counterclaim, set-ofr, claim
OF damages. demand. or defense whatso-
ever OF the government against such claim
Should the Attorney General fail to an
swer or demur. the claimant may proceed
mission may adopt; but the claimant shall
not in such case have award for his claim
or for any part thereof unless he shall
establish the same by proof satisfactory
TO the commission.
Limit to the Award.
The award in favor of any claimant shall
be only for the amount Of the actual and
direct damage which said claimant shall
prove that he has sustained. Remote or
prospective damages shall not be awarded
nor shall interest be allowed on any claim.
AL awards of the commission shall be
final unless a new trial or hearing shall
be granted by the commission, and no
new trial or rehearing shall be had except
upon motion made within sixty days of
said award
The commission shall file with the Secre-
tary of State copy of the award in each
case Immediately after the same shall have
been made and become final, and in every
case of final award by the commission the
sum found to be due shall be paid out of
any appropriation made or to be made by