The Washington times., 1901-12-10
SPANISH CLAIMS COMMISSION.
Points In Favor of the Petitioners
in the Maine Case.

/
The Spanish Treaty Claims Commission
| will hear argument December is on the
motion made by counsel for the Govern
ment to dismiss the petitions of the
claimants for damages growing out OF the
destruction of the battleship Maine.
Attorneys Herbert and Marcou. for the
petitioners, assisted by Attorney Butler.
! OF New York, have prepared a brief in
response to the motion OF the Attorney
General. and will argue the question be-
| fore the commission.
| The brief combats the point raised by
the Attorney General that the commits
sion has not jurisdiction over these
claims. They say;
There is nowhere any allegation that
| Spain purposely or Intentionally destroyed
the Maine, and these cases do not present
the alternative OF 5isgracing Spain or dis
crediting the United States. II is con-
tended on the part of the Government
that the destruction Of the Maine was one
of the causes of the war and therefore
every claim arising out Of 1t had passed
into oblivion. To hold such doctrine
would give to the treaty limited con-
struction and one against the preservation
OF private rights, and not liberal con-
struction for their furtherment-which
latter has been announced by the Supreme
Court as the proper construction.
The brief quotes from speech made
by Daniel Webster on the French spolia-
tiOn claims that "the mere fact of war
can. never extinguish any claim" The
brief continues:
ha nf he NafD
one of the professed grounds Of war. and
the United States afterward relinquished
their rights arising therefrom. then not
culy was payment of the national claim
provided for in the territory relinquished
as compensation for the losses and ex-
penses of the United States during the
war. but also compensation for the dam
ages suffered by citizens OF the United
States during the irsurrection. The United
States has, in other words, for their relin-
quishment received their pay, and il
coupled with such REIMBURSEMENT there
was solemn agreement TO pay their own
citizens all claims they are interested in,
national and individual, OF every kind
against the Government of Spain from
which they had released that Government.
1t is a bold contention that these private
claims have been extiHguished.''
The attorneys declare that 1t would
De violation OF the principle Of inter-
national law to extinguish the claims
without making remuneration to the
claimants. They claim that the act OF
May 30. 1895. for the relief OF the sufferers
by the destruction of the Maine was pure
ly and simply an act OF bounty, and never
intended as satisfaction for these
claims. AS evidence of this IL is cited
that the amounts Congress bestowed are
in no way commensurate with the losses
for which they were responsible. There /
was no allowance whatever made for per-
sonsl injuries, and the amounts are en- |
tirely inadequate to raise the presump- |
tiOn that the United States intended them 4
to represent the value of the lives OF the I
seamen.
II is remarked many beneficiary
under our pension laws has received for
the loss in battle of those near and dear to
him an amount aggregating in monthly
payments far more than what was be-
slowed here. In the case of the Bslti-
more there was received from Chile
s75.e00 for the death of two sailors and
the beating of about a dozen more"
1t is further argued that the protocol
ioes not show extinguishment of the
claims; that IL would be impossible for
he political department OF the Govern
nent to dispose Of and conclude these
,laims of private citizens without leaving
n the treaty language specially intended
% do this. That this language is used is
ienied, and II is insisted that Article VII
s expressed in such terms as to show
hat the rights of the claimants are spe-
tally reserved 70 them.