Evening star., 1901-05-07
INJURED ON THE MAINE
A MEMBER OF THE CREW NOW ASKS
FOR DAMAGES.
Petition Filed With the Spanish
Treaty Claims missiou-HOlds
Spain UesponsibIc for Disaster.

The Spanish treaty claims commission is
likely to be overwhelmed with an avalanche
of claims for damages sustained by the
members of the crew of the battle ship
Maine that was blown up in Havana har-
Dor. Some enterprisng firm of lawyers in
New York has already filed a couple of
claims, and no doubt more will follow. 1t
is regarded rather a novel contention
that the commission should take turisdc-
tion OF claims cf this kind. but the petitions
are very carefully worded, and it is prob
able that the commission will have TO hold
a special meeting to pass upon the subject.
The clerk of the commission is obliged to
receive all petitions filed. and TO enter them.
1t then deVolyes upon the assistant attor-
ney general to enter A demurrer if he ques-
tions the validity of the claim, and upon
this demurrer the commission Will act, de-
Gliding the question OF jurisdiction.
a rule of the commission requires that
ali facts necessary to sustain an award
must he established by evidence" 1t is
thought that some difficulty may be expert
enced by the claimants in adducing evil
dence to prove that the Maine was blown
up by the Spanish government. This pros
pect Goes not deter the claimants however,
as the petitions already fled indicate. Two
petitions have been filed. one by H. s Nc
Cam, a member of the crew of the Maine
for $1,000 for injuries received in the cx-
pioSipi. anu one bN catherine Burns, for
S2o,ooo for the death Of her son, James
Burns.
In the Mccain petition the ground of con-
tention for the claim is stated as follows:
mat as the petitioner is informed and
believes and therefore AYERS the explosion
and the destruction of the United States
battle ship Maine and the resultant dam
ages sustained by the petitioner were not
caused by any person or persons on the
battle ship or iH the employ ur under the
control Of the United States or any officer
or emrlGYe thereof. or by any cause what
ever having It's origin within the ship, but
on the contrary. the explosion. destruction,
damages and Injuries were caused bv an
exterior explosion and that the govern
ment of Spain did not assure safety and
security of the battle ship a vessel of the
American navy In the harbor Of Havana
on a mission Of peace. and rightfulIy there
and Furthermore the petitioner is Informed
and believes and AYERS that the explosion
and obstruction Of the Maine and the in
JurieS sustained hy the petitioner We're d.
rectlE caused by the wrongdoing and negli-
sence OF the government OF Spain and its
oflcers and agents. and that the govern
mtnt OF Spain was and is responsible and
liable therefore to the petitioner for the
full extent Of his damages and injuries
That as matter Of law and fact it has
been determined by the government Of the
United States and by the proper officers
thereof, and FOR and on behalf of all the
people, citizens and subjects thereof, in
Guiding the petitioner, that the explosion
90" "|o'i uS l'oAi VI the maine We're caused
py an exterior explosion and that the gov
ernment Of Spain was and therefore stIll
remains liable for the same, and the petit
TONER further alleges and AYERS that sub
seGuent to making such examination the
United States has, by its action deprived
the petitioner Of all right and opportunity
OF asserting and proving this claim
against Spain. and that therefore il is
matter of fact and of law by which this
honorable commission Is bound that the
government OF Spain did cause and was
responsible for the explosion and destruc-
ton of the Maine and the injuries of the
pcutloner resulting therefrom. and that
pursuant 10 the treaty Of December 10
1888, the United States has assumed and
must adjudicate. settle and pay the peti-
tioner the t;anag ges.'