The evening times. [volume] (Washington, D.C.) 1895-1902, 1902-03-06

f The spanish Treaty Claims Commission
/ today, for the purposes OF demurrer. rea-
dered a decision that survivors OF the
Maine disaster. and the heirs Of those who
lost their lives in the explosion. have no
+ claims against the Spanish Government
+ which the commission can adjust. This
means that they have no further claims
: against the United states. and that the
several millions Of dollars asked in bills
hIed with the commission will not be paid
unless the matter is taken to the Supreme
Court. and given hearing BY that tri-
bunsl.
A dissenting opinicn is rendered By
Commissioner Chambers.
Opinion of the Commission.
The opinion OF the commission Is in part
as follows:
Individual claims Of citizens OF one
nation may arise against the Government
OF another nation for redress OF Injuries
20 person or property which such citi-
zens may have sustained from such Gov
eminent or any OF its agents.
But such individual claims do not
arise in favor Of the officers and seamen
Of ship Of war. who receive in the line
Of duty injuries 10 their persons for
which foreign Government is Tespon-
sible- The claim against the foreign Gov
ernment Is wholly national. and all in
juries TO such officers and seamen are
merged in the national Injury, and they
can only lock 70 their own Government
for such remuneration as it may choose
70 give 10 them.
No Claim Against Spain
a seaman injured by the explosion
which destroyed the battiesbip Maine. in
the harbor Of Havana. Cuba. on February
IS 1888. had no individual claim against
spain, even = that Government was re-
sponsible TO the United States for The ex-
plosioE; and. therefore. such a seaman
is not entitled 70 an award in his favor
from the Spanish Treaty Claims Comuis-
sion. organized BY the act Of Congress OF
March . 1901. 10 adjudieate all individual
claims OF citizens Of the United States
against spain which the United States re-
leased to Spain. and agreed 10 paw. BY the
treaty Of peace Of December 10. 1855"
Mr- Chambers Dissenting Opinion
Mr. Chambers in his dissenting opin-
ion says
"A sailor neither forfeits nor valves
any Of his Individual rights as a citizen.
except such as conflict with the Ioval
effective discharge Of his duties As
sailor. that he assumes no risks that
result from forces wrongfuIly put into
operation by the cuIpsbIe negligence or
acts OF foreign government: that he
has the same right any other citizen has
20 claim indemnity for wrongs done BY
foreign governments IN time or peace.
1T is important TO re member thar the
relinquishmeuJ by the United States OF
all liability on the part OF Spain was
made without consulting with or asking
the consent OF the claimants. This was
dom under the doctrin. that the sover-
eighty OF Government over its citizens
extends over the claims, that a citizen
can do nothing with his own. is now
erless and voiceless as an individual
where foreign interests are involved. and
unless his claim is adopted by his Gov
ernment. thereby Matchmaking il. he is
without remedy.
Cannot Be Separated
according to this doctrine a claim for
indemnity by a citizen against a foreign
Government is GnsepsrabIy connected with
and cannot be divorced from the national
claim There can be a national claim
without Individual interest or connection
but the individual necessarily Involves
The national character. The afTrout is to
the nation while the actual loss or phvs-
zeal injury is 20 the citizen. The amount
1t damages which the offended nation
claims against the offending nation de-
yends upon the character and extent OF
the injuries done TO the individual but
the recovery ITSELF IS IN the name Of
he nation The foreign Government asks
no acknowledgment, requires no acouir-
lance from the injured citizen. The two
nations have dealt as principals.
United States Released Spain.
"Tn the cases at bar the United States
Government has released Spain OF sI La
Iility for injuries which it is admitted
Spain was responsible for, and has agreed
IN It's part to adjudicate aud settle al.
claims OF every kind for indemnity that
lrose in behalf OF its citizens for such
wrongs between certain dates. Between
hose dates It is claimed that many OF
,ur citizens were injured and many kill
"a some in peaceful avOcation on shore
q Cuba. other in the line OF duty on
he battleship in a Cuban harbOr: some
70 civilian habit, others IN soldiers
garb; some while engaged 10 personal
yainful pursuits others while serving
heir Government in time Of peace. pre-
5ared 10 sacrifice their lives in It's be-
half in time Of war. Some were shot.
eternity. while quietly asleep on ship
.r.rl In ID, rair araar. rhrr thar u-.ra