The times., 1901-05-15
HOLD SPAIN RESPONSIBLE.
Two Americans Claim Damages BE-
cause of WeyIerism in Cuba.

The petition attached to the claim OF
Louis Wertheimer against the Govern
ment of Spain, recently filed with the
Spanish Treaty Claims Commission, and
involving S56.5S6.25, has been printed and
made public
The petition sets forth that the petit
TONER who was engaged in purchasing
and curing leaf tobacco in Cuba for ex-
port to the United States in 1886, bought
various lots of high grade leaf tobacco.
This tobacco, which amounted to 307 bales,
he claims he had contracted to sell to
RothschiId & Bro. at $500 per bale a to-
tai of S6l 400. A decree issued by General
Weyler, published under date of May IS.
1896, prohibited the export of tobacco
grown in certain provinces after the ex-
piration of ten days. This decree made
it impossible for the petitioner to dispose
of his tobacco according to his contract.
The petitioner protested to the United
States Consul against the enforcement OF
the decree. His tobacco was ready for
shipment about the 30th of June, he de-
clares, and he applied for permission to
export It, which was refused at the time
In April of the following year. when,
as the petitioner claims, the tobacco had
greatly deteriorated in quality. he was
iftflIlLLtN 10 snip IL anu was ttlAbith 70
dispose of it at - cents per pound. the
total sum derived therefrom being S20,-
S13.75.
Wertheimer claims indemnity for the
difference between the amount of his con
| tract with Rothschild & Bro, and the
price secured for his tobacco, $40 5S6. %
and in addition thereto the sum of $l5,-
0O0 for the deprivation of the use of
his money, and 81 900 for the expenses Cf
two journeys to and from Cuba and the
value of his time. the total amount claim
ed being $50 5S6.25.
The petition was filed with the State
Department under date of October q
| 1896. and was the subject of correspOn-
dence between the Secretary of State and
the Spanish Government The State De
partment, at the time, notified the SpaQ-
ish Government Of its intention to hold
| the latter responsible for the indemnifica-
tiOn of citizens of the United States in
every instance where tobacco owned OF
contracted for by them had been detained
under the order of May 16, 1896, prohibit
ing expectation.
The claimants attorneys are Condert
Brothers and Crammond Kennedy.
Another petition which has just been
printed by the Commission is that of
August Boiten. Bolten, with compan-
ion left Port au Prince, Haiti, February
., 1898, in an open boat, bound on a fish
ing expedition to Cape Haitien. a storm
coast Of Cuba, near Guantanamo After
consultation with the United States Con-
sui at that port, who advised them to
seek occupation elsewhere. the two men
departed for Santiago de Cuba.
ON arriving at the latter place they
were arrested and imprisoned. despite
protest and without being permitted prop
er communication with the United States
Consul The petitioner claims to have
been examined by the Spanish tribtnal
without notification being sent to the
United States Consul. The men We're
again put in prison. It Is claimed, with
the worst sort Of malefactors and were
denied the privilege OF taking exercise in
the jail court yard.
As a result the petition sets forth, Boil
ten contracted a serious case of rheuma-
tism, from which he has never recovered.
The petitioner refers to a number of
indisnities imposed upon him by the Span
ish authorities. His claim was the sub
ject Of correspondence between the State
department and the Spanish Government
he says The petitioner claims $1,000 iH-
demnity for the wrongs. injuries. anG in
dignities inflicted upon him. and S25O0 as
damaGes for the deprivation of the use
Of the indemnity funds.