The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-05-09
Unexpected CLAIMS.

The latest development, and a curious one
in the way of claims against the United
States growing out of the Cuban insurrec-
ton against Spain, is those which have
been filed on behalf of the surviving sea-
men of the battleship Maine and by the
next of kin of those who lost their lives in
the memorable explosion. out of compile
ment of 800 men attached TO the Maine at
the time of her destruction two officers and
264 men were drowned or killed and sixty
were taken out wounded. The attorneys
who are managing the matter seem to have
worked up all of the claims, which are said
to aggregate more than 100000. If they
hold good against the government there
will be new cause for remembering the
Maine. Their presentation must be sur
prise TO the government, and if they are al
lowed they will be a windfall to the bene-
ficiaries. They will have TO stand a search
ing investigation by the Spanish claims
commission. and, flimsy as they are, they
will come before the court with a sort of
prejudice in their favor growing out of the
fact that they are based on the assumption
BILE for the destruction of the Maine. At
the time of the occurrence, and for some
months afterwards, that was the universal
feeling OF the American people. 1t was felt
that if the Spanish authorities were not di-
rectly responsible for the destruction of the
ship. either by being party privy to it.
they were at least responsible for negli-
gence in not protecting a friendly ship
which was in the harbOr by permission and
anchored where the authorities had direct
ed This feeling was strengthened by the
report of the naval court of inquiry, which
found that the disaster could have been
caused "only by the explosion OF a mine
situated under the bottom of the ship" and
that it twas not in any respect due to fault
or negligence on the part of any of the OFF,
GERS or members of the crew of the vessel"
With this confirmation of the general opin
ion that the Spanish authorities were
sponsible for the disaster. the American
people would have justified the filing OF a
claim against Spain for the value of the
ship and indemnity for all the men killed
or wounded in the explosion, and they
would have been ready to back up the claim
with war. Whether such claim could
have been established against Spain has
never been determined nor raised. While
the government never admitted any respon-
sbility for the disaster which might have
made it liable for damages. Congress APP
propriated 100000 for the recovery of the
bodies of the men who were lost. and it
passed an act for the partial relief of their
families and the surviving sufferers.
The circumstances under which the pres
ent claims arise are somewhat curious. The
treaty between the United States and Spain
contains the following:
Article Z The United States and Spain
mutually relnquish all claims for indem-
nifty national and individual. OF every kind.
Of either government. or of its citizens or
subjects against the other government.
which NAV have arisen since the beginning
OF the late insurrection ia Cuba and prior
70 the exchange of Publications OF the pres
ent treaty. The United states viii aGjudi-
cate and settle the claims OF its citizens
against Spain relinquished in this article.
The effect OF this article was to relieve
Spain OF all responsibility for the claims
of American citizens growing out OF the
Cuban instruction and 10 transfer such re-
sponsibility TO the United States 1t was
understood at the time and ever since that
this included claims for damages done 10
American properties in Cuba during the in
surrection either by insurgents or by the
Spaniards. a large number of claims OF
this kind have been filed. II it ever oc-
Cured 10 the American commissioners that
the article above quoted might cover claims
for indemnity against Spain on behalf OF
the men killed in the Maine disaster. the
fact was never mentioned. Yet. whatever
was intended. II seems quite clear that
the article on it's face does cover such
claims. II they existed at ali they arose
during the insurrection in cuba-nameIy. in
February. iSsS. and. therefore. fell ia the