Evening star., 1902-01-06

commanding officer to send the captured
vessel to some home port in charge of a
prize crew; that upon arrival there the
vessel, her papers and cargo, We're turned
over to the United States court for the dis
trict, sitting in admiralty, in order that
the rights of all parties might be judi
cially determined. This department has, ac- ]
cordingly, exercised no control over the
award of prize money, all questions with
respect thereto being heard and determined
by the courts. During the recent Spanish
war a large number Of cases were brought
before the United States district court for
the southern district of Florida, sitting at
Key West, that court being convenient, al
though some were heard before the district
courts sitting at Savannah, Ga; at Charles
ton, s. c.; at Brooklyn, N. Y, and by the
Supreme Court of the District of Columbia
at Washington, D. c.
In order to secure prompt and final judi
cial determination of questions involved in
the distribution of bounty, the Navy De-
partment. although advised by the Attor-
ney General that it might itself undertake
such distribution, nevertheless preferred to
place the matter in the hands of the courts,
and the Court of Claims was selected as
suitable tribunal tor the adjudication of the
questions involved. The reasons for so do
ing are set forth in the following extract
from the report of the judge advocate gen
eral. 1899. PIP. 10 and IL.
Reason for Referring the Matter.
"'Claims for prize money are entirely dis
tinct from claims for bounty in so far as
the procedure necessary to be entered into
for their recovery is concerned. Prize
money is realized from the condemnation
and sale under the supervision and authori-
ty of a United States court of captured
vessels or other property; such property
must be taken into court or it's absence ac-
counted for, and when the proceedings are
concluded the net amount to be distributed
IS deposited with an assistant treasurer of
the United States, for use in the settle
ment of claims allowed by the auditor in
pursuance of DEGREES of court In the case
of claims for bounty (section 463o of the
Revised Statutes) for the destruction Of
vessels of the enemy, however, property
exists from which fund for the payment
of such claims can be realized, and no
method of procedure is explicitly prescribed
by statute.
In order to settle claims for bounty. it
is necessary that certain facts be first as
certained and established, among which
are, on the one hand, the names, number
and character of the vessels destroyed,
their complement armament and aggregate
force, as compared with that of the VIC
tors, and perhaps also the degree of
operation extended to them by shore bat
teries, torpedoes and mines; and with re-
spect to the capturing vessels 1t Is necos-
sary to determine their identity and :ia-
tional character, their number. their often
sive and defensive equipment. and the
names and rates of pay of their officers and
men. In certain cases these questions, or
some of them, are obviously simple; in 9TH
erS, their observation-disclosures depend either
upon the Interpretation to be placed on the
law or upon the settlement of controve,t"1
questions of fact involving the elaborate
examination of evidence adduced Dy par
ties interested in support of their respec-
tive claims. --"----
with such matters the machinery of an
executive department is not well adapted to
deal. Moreover, after attempted settlement
by this depITt mpnt bV the accounting
officers of the trea aSury, all or any of The
questions involved might have been ;mne-
diately recpened by dissatisfied claimants
and carried into the courts. For this raa-
son, upon conference with and in phrsu-
ance Of the views of the Attorney General,
1t was decided to submit the material<,u
tions arising in connection with claims for
bounty to the Court of Claims for such
judicial action as would result in deter
mining them promptly and finally.
Decision of Court of Claims.
1T will thus be seen that, so far from dis
playing favoritism, this department adopted
the most effective means in its power to
secure just and equitable determination
by a court of law of the rights of ali CON-
cerned.
With regard to the particular matter re-
ferred to in your letter, that is the claim OF
Admiral Sampson for bounty at Santiago,
the Court of Claims, under date of June IL,
1850, rendered it's decision, from which no
appeal was taken. In pursuance of this de-
cree (see Court of Claims reports, vol 3d. D.
5IS distribution has been made or will be
made by the auditor for the Navy Depart
nent. By reference thereto 1t will be noted
that among the findings of fact by the
court are these:
"On July 3. 1925 state of war then
existing between the United States and the
kingdom of Spain, a naval engagement took
place off Santiago de Cuba between GER
tain armed vessels of the United States
navy, then attached to and forming part of
the United States naval force on the North
Atlantic station, towit, the u. S. S. New
York, Brooklyn, Oregon, Iowa, Indiana
Texas, Gloucester, Vixen, Hist and Erics-
son, and certain war vessels of the King
of Spain, towit, the Infanta Maria Teresa
Fiscaya, Almirante Oguendo. Cristobal Co
lon, Puton and Furor, which were then and
there supported b. Spanish land batteries
djacent to the harbor of Santiago de Cuba
Rear Admiral W. Il. Sampson, Unite
States navy, was the commander-in-chie
Of the said United States naval forces or
feet. and Commodore w. s. Schley, United
States navy, was the commanding officer
OF a division squadron thereof, $on duty
under the orders of the said commander
in-chief
The commanding officers of the feet and
squadron. and the officers and enlisted men
of the vessels composing the same, towit
The L. s. S. New York, Brooklyn, oregon,
| Iowa, Indiana, Texas. Gloucester, Vixen.
Hist, Ericsson, Harvard, Resolute, and the
Fern, are entitled to receive from the United
states bounty, as provided by law In the
sum of not exceeding one hundred and six
ty-six thousand seven hundred dollars
Gsl66,7O0, as may be apportioned among
those claiming, OF which sum the claimant
herein, William T. Sampson, rear admiral
United States navy, and commander-in-
chief of said feet, is entitled to one-twen-
tieth, or eight thousand three hundred and
thirty-ffve dollars t$S, $780,"
Upon the facts the court ruled:
Pursuant to the provisions Of the stat
utes stated, judgment will be rendered in
! favor of the claimant, William r. Sampson,
| for his proportion (one-twentieth) Of the
| bounty accruiug from the destruction Of the
| Spanish vessels in the sum of eight thou
| sand three hundred and thirty-five dollars
| tSS,335).
| 1T is ordered that the residue herein
, found. towit, one hundred and fifty-eight
| thousand three hundred and sixty-five dol
| lars (S15S.3G5) be apportioned among the re-
| naming officers and enlisted men of the
| vessels claiming, towit: The U. 8. s. New
| York, Brooklyn, Oregon, Iowa, Indiana