The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-05-02
HER PROPERTY DESTROYED.
Mrs. Durio Asks 100000 for DAM
ages to Her Estnte in Cuba.

At 1ISE EL~tANG NuBa-
A claim which viii be fled with the
Spanish Treaty Claims Commission with
in the next few days. will be that of Mrs
Dolores Garcia Durio. who claims 800,
GJ9, indemnity for damages to her proper
" in Cuba, alleged to have been inflicted
by the insurgents. The claim vii be fled
by Francis Tracy Tobin. of Philadelphia.
attorney for Mrs. Durio. and viii proba-
bly, be the occasion of considerable dis
cussion before the Commission. There are
several points in the case which viii be
warmly contested by the Government at
torneys-
The claimant is a native of Spain, and
was natUralized in New York city, jan
uary IL 1873. Within a very short inter
val after her naturalization. she went to
Cuba, under a passport, issued by the
State Department, dated January Is, 1873.
Mrs. Durio, who was q widow, registered
on her arrival in Havana at the office Of
the American Consul General, as an
American citizen Her family, consisting
OF several children were with her Under
the terms of her husbands viii she was
made the sole beneficiary and executrix
Of his estate. which consisted Of two
plantations. known as 'Eche- and st
Rita in the Province of Santa Clara
These plantations embraced grazing,
stock, and sugar lands The area Of the
two plantations was about 2,055 acres
This property. with the improvements Of
thirty years, was laid waste by the insur-
gents in the early part Of the Cuban re
beIlion- autedating the declaration Of war
BIZ the United States At the time Of the
insurgent raid, shots were fired by the
raiders into the residence. and q grand
daughter Of MIS- DuriO was injured, a
bullet grazing her head and cutting away
a lock Of hair. Mrs DUriO IS now in Ha
vana.
on July G. 1895. the claimant appeared
before General Fitzhugh Lee, then Con-
SUI General of the United States at Ha-
vana and as an American citizen, filed
with him her claim against the Spanish
Government. The claim was fled with
the State Department the following year
with the fdEOTa bic recommendation Of
Jp the claim. and presented II 10 the con-
sideratiOn Of the Spanish Government
The matter was pending when the Span
ish-Americau war broke out.
In accordance with the terms of the
treaty Of peace with Spain, ali claims Of
American citizens for indemnity for dam
ages incurred during the struggle OF the
Cubans for independence are assumed by
the United States. and il IS in accordance
with the treaty clause that the claim is
now presented 20 the Spanish Treaty
Claims Commission
In considering the claim, the Commits
sion VIII have TO pass upon the question
as to whether the citizenship of the claim
ant was fully maintained during her resi-
deuce in Cuba, although IL VIII probably
be urged by her counsel that the action
Of the State Department in assuming the
conduct Of the case as claim upon
Spain, prior to a declaration Of var fully
Establishes this II is probable that the
Commission viii rule that injury TO
private property by the Cuban insurgents
is not a cause Of claim against the Span
ish Government. but it Wiz be urged in
the defence Of this case. that at the time.
the belIigeTcucy of the insurgents was not
acknowledged by the United States, and
that Spain declared that no warfare was
being HageJ with her Cuban subjects. and
consequently that at the time there were
10 insurgents A question. arising here.
that the Commission VIII be required TO
pass upon. IS whether subsequent Tecog-
milton Of belligerenCy is retroactive.