The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-06-11
CLAIMS OF MAINE VICTIMS
i Problem Before the Spanish
Treaty Commission.

Prospects for Il Reopcning of the
Controversy Concerning the Dis
ustcr in Havana Har5or-The Con
tentiOn Of the Government.
While it appears to be certain that the
Government. through Assistant Attorney
General William L. Fuller, VIII resist the
proposition that che Spanish Treaty
Claims Commission shall undertake 70
consider the question of responsibility for
the destruction OF The batLeship Maine in
Havana Harbor. on February 10 IS2S. a
question involved in a number Of claims
filed with the Commission. alleging dam
ACES for loss of life, and personal injuries
in that disaster. viii IT is quite likely lead
the Commission. in the END, to take up
that matter, and sift il to a final settle
ment
The Commission. it Is understood pro
poses to be very Ieuient to claimants, and
any petition having a shadow Of jEstlica-
ton for the damages alleged VIII have
thorough. patient. and equitable consider
alton
It has been suggested that the Admins
tration would be decidedly adverse to any
further review of the Maine disaster IN
the joint resolution declaring war With
Spain and IN the message of the Presi-
dent. which provoked its passage, dated
April II. 1898. the following language ap-
pears
The destruction of a United States bat
tIeship. with 25S Of its officers and crew,
while on a friendly visit in the harbor
of Havana etc.
Should a further investigation of the
Maine disaster elicit the fact that the
destruction Of the Maine was not to be
placed to the account of the Sp8niards, OF
vas caused by an internal explosion, the
United States Government would be plac-
ed in an embarrassing position
The position Of the Administration, as
will be set forth IN the answer of the As
sfstaut Attorney General to the Maine
petitions liIed with the Commission, IS IN
,}erstood to be substantially as follows
The destruction of the Maine which Is
given as one Of the causes of the war &C
c0rdfnsy TO the practice Of international
law. passed into oblivion with the signing
OF the Treaty of Peace, iDaSnurh as war
is itself an indemnity for alleged wrongs
which are given as the causes Of II And
unless expressly provided for IN the
treaty. mating wars. such wrongs
are considered as having been adequately
COMPENSATED for by the punishment in
VIII be urged that the treaty intended 70
re]fnuuisr. and not 10 provide for the
Claims Growing out Of the causes OF war
as set forth in the joint resolution OF
ADriI % 1895 The United States by act
of Congress. March p 1895 passed an act
for the relief of the sufferers from the
Maine disaster which provided that the
COMPENSATION should be in full satisfac-
ton of any and all claims whatsoever
AGAINST the United States on account Of
the destruction of the Maine.
The Administration understands that
Congress not being able 70 fEN definitely
the responsibility upon SPAIN mad deter
mined not 70 present any claims Tor IN
6ernnfty on the part Of the sufferers 10
the Spanish Government, and that II de-
cided to acknowledge claim against It
self settling this claim IN full
The matter Of the Maine claims, the
Government viii urge, have been settled
by another tribunal, and is not within the
Jurisdiction of the Commission
Opposed to this view taken by the Ad-
rninfstration. il is urged that the relief
provided b. Congress for the Maine SUI
ferers was II the nature Of an award OF
benefit. and in no wise affected the ques-
ton Of the responsibility Of the Spanish
Government; that the amount was in
fact, IN the nature OF reilet, n many
cases much needed. for the families Of
the sufferers. and had nothing Of the na-
tuTe Of an indemnity The jurisdiction OF
the Commission to consider al claims, Of
whatever nature. where the petition re-
cites that the claim grew out of acts
committed by the Spanish Government OF
its subjects. il is believed, by the act Gre
ating it, is not 70 be questioned II Is
for the Commission by a thorough review
of the facts To conclude wheth@r such
claims are well founded In view Of the
present attitude Of the Commission To-
ward claimants, it IS thought probable
that a generous consideration VIII be
given 10 the Maine cases, which VIII end
in review Of the causes Of the destFuc-
ton of the Maine. IN view or the preseut
uncertainty OF the causes which LED tC
the disaster