New-York tribune., 1901-03-01
CLAIMS AGAINST SPAIN.
LEGISLATION TO CARRY ARTICLE VII
OF THE PEACE TREATY INTO
EFFECT ASSURED.
rpr TELEGRAPH TO THE TRIBUNE

TRY TELEGRAPH THE TRIBUNE
Washington. Feb. 2S.-The Senate's agreement
to-day to the conference report the Spanish
Claims bill assures the enactment or legislation
carrying into effect the stipulatfons of Article
VII of the Treaty of Paris OF 1888. by which
this government assumed payment of the claims
OF citizens of the United States against Spain
arising since the beginning of the Cuban lnsur-
rection and before the exchange OF rat1hcations
of the Treaty of Peace. The bill authorizes tho
President to appoint five persons, VINO shaii
constitute a board of commissioners TO pass on
the above mentioned claims. The salary OF each
commissioner is to be 5000 year The Presi-
dent is also to appoint additional Assistant
Attorney General. and the Attorney General Is
empowered to employ such assistant attorneys
as the business OF the commission may require.
It being made the duty of such Assistant Az
torney-CieneraI and assistant attorneys TO ap-
pear counsel to defend the United States in
the proceedings before the commission. The
salary of the Assistant Attorney General Is TO
he 81, 600 year and the assistant attorneys are
to be compensated at the rate of 500 month
The commission is also empowered to appoint a
clerk at a salary of Sc. 800 year.
DUTIES OF THE COMMISSION
The commission is required. within thirty days
after the appointment Of the members. to meet
in Washington and receive, examine and decide
all claims of citizens Of the United States against
Spain coming within the purvtew Of the treaty
provision which may he presented to them. All
claims must be presented within six months
from the date Of the first meeting Of the COM
mission. The bill as originally drawn provided
for an appeal from the decision Of the commits
sion to the Court of Appeals OF the District of
Columbia In cases where the amount IN con-
b,,ttb rov-iS an
was stricken from the bill and the following in
serted in its place
When the commission IS in doubt as to any
question of law arising upon the facts in any
case before them they may state the facts and
the question of law arising. and certify the
TO the Supreme Court If the United States
for its decision and said court shall have juris-
diction to consider and decide the same
AMOUNT AND KIND OF CLAIMS
Claims of American citizens against spain.
arising out Of the Cuban insurrection TO the
number Of about two hundred and sixty, and
amounting in tho aggregate TO about S3S. .0ro. .otO
have been filed in the Department 81 State.
While II is proba BILE that there are some who
have not yet filed claims II IS believed tha. the
number Is comparatively small The amounts
claimed in many are doubtless excessive.
A considerable number also will undoubtedly be
rejected because of the inability of the claim
ants 30 prove American citizenship. The United
States having assumed the vayment OF tho
claims against Spain this government viii stand
in the same situation that Spain would have
occupied except for the provision IN the treaty
ana it win be incumbent on tho claimants TO
show that Spain would have been liable for the
losses sustained
The great bulk of the claims is FOR property
DESTROYED damaged or appropriated by tho
Spanish military authorities IN cuba or by the
insurgents. number arc for personal injuries
for arrest, imprisonment and f5r expulsion from
the island. Were the intury was inflicted or
the property taken destroyed by the Spanish
authorities in violation of treaty or International
law, the liability Of Spain is clear hu where
the damage was suffered as q direct consequence
or hosttiities-as, for instance. whore sugar
plantation which happened to he located be-
tween the lines OF the contcndinC forces was
burned 10 the ground--there would seem 10 b.
no obligation TO make good such lose. Where
injuries were inflicted by the insurgents. the
further question arises whether Spain was la
ble for the acts Of tho insurgents The general
principle Of International Law applicable IS that
n sovereign is not ordinarily responsible TO alien
residents for injuries which they receive on his
territory, from insurgents whom he cannot con
troll.
In view Of the difficulty of establishing the
liability OF the government, and considering the
results of previous claims commissions il is safe
10 predict that the awards of ttis commission
s4'wpro In the aggregate. Under the American
and Spanish claims agreement Of 1871 claims
amounting 10 $n.Do01 were presented but
only 81 .3DfnD was allowed The United states
and Mexican Claims commission-treatv of
1S6S-allo"ed 1875 out OF the 1017 claims pre-
sented. OF the aggregate OF S35o00.O00 Of
claims presented to the French and American
Claims mmisson-ConventiOn OF tSSO-less
than 81 900 900 was allowed The United states
and Venezuelan Claims Commsson-treaty Of
1SW-awarded a little over 10 per cent of the
amount claimed