Evening star., 1901-04-09
SPANISH WAR CLAIMS
MEETINGS OF THE COMMISSION
HELD TO-DAY.
Discussion in Secret Session on the
Taking of Testimony Pro-
visions of the Law.

The Spanish wa claims commission
which met yesterday at the Department
of Justice, assembled today in the private
law offices of Judge Maury, one of the
commissioners, on Pennsylvania avenue
near 18th street. This was not as some
evil-minded persons might think, an effort
on the part of the commission to dodge its
creditors or evade the attorneys of the
claimants with their Httle bills, of some
$50, 900, 900. The fact is that the commission
for the present is homeless, and while its
quarters are being prepared has to accent
any hospitality proffered.
In very few days the building 1411 II
street will be ready for occupancy, with
pigeon holes all ready for the reception of
claims that are filed. Then the clerical
force viii be selected, and, as business de-
mands the commissioners to take testi-
mony will be appointed, and the commits
sion will send to the State Department
Tor the papers in the claims to be taken
up first.
Question of Taking Testimony.
Todays meetings were held in secret ses-
sion, and it is probable that further meet
lngs will be conducted in a similar manner
The commission is now struggling with the
question of the taking of testimony The
act of Congress would seem to have con-
templated the taking of testimony in the
United States, while all the circumstances
attending the claims for damages occurred
In Cuba The commission hopes to work
out solution of this apparent incongruity
In few days and will announce it's deci-
sion In the PRONUNCIATION of further rules
Tor the prosecution of claims. AS stated
in The Star heretofore, the commission is
authorized to employ commissioners to
take testimony. who shall be compensat ted
as United States commissioners to take
testimony before courts are now paid As
slstants to the assistant attorney general
are also authorized, at the rate of $500 a
month.
The United States does not propose to
give up this $50, 900 600 or $35 600 900 with
out due process of law and conclusive proof
of the damages incurred by the claimants.
The act enjoins upon the Attorney General
the duty Of filing a demurrer to each peti-
ton. which shall set up all matters of
counter claim, set-off, claim of damages,
demand or defense whatsoever of the gov
ernment against such claim"
Provisions of the Act.
The act also provides that award in favor
Of any claimant shall be only for the
amount of the actual and direct damage
which the claimant shall prove that he has
sustained. Remote or prospective damages
shall not be awarded, nor shall interest be
allowed on any claim
After all this has been don, the claimant
is still not within sight of his money He
will have to take a throw out of the ap-
preparations committees of Congress, and
that Is pretty hard wrestling sometimes
The act provides that litter the commits
sion has made it's award re same shall be
filed with the Secretary of State, to be
paid ''out of any appropriation made or to
be made by Congress for the payment and
satisfaction of such awards"
The commission has two years within
which to make the awards, and thereafter
the President may extend the time not ex-
ceeding six months in each instance If in
his Judgment the extension is necessary to
enable the commission to complete it's
work.