Omaha daily bee., 1902-03-07
DECIDE AGAINST CLAIMANTS
Spanish Treaty Claims Commissioner
Settle Maine Victims Gases.
SPAIN NOT RESPONSIBLE TO INDIVIDUAL;
One Member DiGsents, Holding that
Sailors Retain General Rights
and owe of
Citizens.

WASHINGTON, March 6.-The Spanish
treaty claims commission today handed
down a decision against the claimants for
deaths and injuries received by officers and
seamen In the wreck OF the battleship
Maine in Havana harbor.
The commission holds that Individual
claims Of citizens of one nation may arise
against another nation for redress Of in
juries to, persons or property which such
citizens may have sustained from such gov
eminent or any OF its agents. But such
Individual claims do not rise in favor Of
the oficers or men Of a ship OF war who
receive, in the line Of duty, injuries to
their persons for which a foreign govern
ment is responsible. The claim against the
foreign government is wholly national and
all injuries to such officers and seamen are
merged in the national injury, and they
can look only to their own government for
such remuneration as 1t may choose to give
them.
No Claim Against Spain.
"a seaman injured by the explosion which
destroyed the battleship Maine in the har-
Dor Of Havana. Cuba, on February 10, 1898,
had no Individual claim against Spain. even
II that government was responsible to the
United States for the explosion, and there
" u buCh . ant 70 AON ~ ~ -
award in his favor from the Spanish treaty
claims commission organized by the act Of
congress, March 2, 1901. to ~adjudicate all
individual claims of citizens of the United
States against Spain. which the United
States released to Spain and agreed to pay
by treaty Of peace of December. 1895"
The claims 60 far hled with the commits
sion affected by this decision amount to
about $500. 900, which probably would be
increased to s., 900, 600 had the decision been
favorable TO the claimants.
Commissioner Chambers filed a dissenting
opinion. The commissioner laid down the
following proposition;
A sailor neither ~forfeits nor valves ans
OF his Individual rights as a citizen ex-
i've discharge of his duties as a sailor. He
assumes no risks that result from forces
wrongly put in operation by the culpablt
negligence or acts of a foreign government
and he has the same right as any Other
citizen has to claim indemnity for wrongs
done by foreign governments In times o.
peace.
Basis of His Opinion.
He said that If the city of Washington
lying near Maine at Havana, had beer
blown up and It's sailors killed, this com
mission would have presented TO the PEG
pie Of the United States and Of the civ
ilized world the anomalous aspect OF in
vestigating for the purpose of adtudieating
according to the merits OF the several case
and the principles OF equity and OF inter
national law. the claims OF all these pri
vate citizens who we're injured or killeI
upon the merchant ship. while the claim
Of the equally unfortunate sailor citizens
whose injuries were received or whose live
were sacrificed while in the line OF duty
At the sans time on the battleship Maine
were denied a hearing. To my mind. n
principal Of law. divine or human. interna
tionai or municipal. recognizes such . pro
esdurs."