New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-03-08
MAINE CLAIMS UP AGAIN
COUNSEL WANT QUESTIONS CERTIFIED
TO THE SUPREME COURT-THE
COMMISSIONS DECISION
lay TELEGRAPH TO THE rRIBUNE.I


Washington. March THE disputed Maine cases
were again before the Spanish Treaty Claims Com
mission this morning application for a GER
ticate Of questions 10 the Supreme Court. Charles
Henry Butler and Benjamin NIicou asked the COM
mission certify the question whether sailors and
soldiers had claim enforceable under the treaty
TO the Supreme Court. Assistant Attorneys Gen
eral Fuller. Russell Jones and Morse opposed the
motion.
Mr. Butler said that the decision Of the majority
should be reviewed by the Supreme Court. because
II affected only every case arising from the
Maine explosion before the commission. but be-
it also affected the citizenship prercgatives
Of every in the army and navy Of the United
States. Congress had given power TO the comris-
sion to certify questions 70 the court and II this
was not a question 10 he certified there were
others which should be Commenting the ma
jority opinion. ne said that il took soldiers and
sailors from the noble ard exalted position in which
they had been placed oy President Harrison and
Secretaries Blaine and Foster who declared that
wearing the uniform entitled them to indemnity IN
every of assault by foreign governments. and
degraded them to mere chatteis ri'ets in the ship
for which the government need or need not ask
damages il saw ft
The commission adjourned the hearing until
March L. with leave to all parties to file briefs.
The majority opinion read by Commissioners
Chandler was not printed distributed until this
morning. While it holds that the claimants cannot
file claims before this commission because they are
in the naval service of the United States. II does
consider the claims without merit. After re-
viewing cases in which indemnity has been paid 20
persons in the naval or military service. IL says;
In none of the foregoing cases is there anything 70
suggest that Individual claims IN oeaalt or law a.
the line OF duty received rom 5oIelsI sOsea. -
msut could he acquired and pressed as claims ex-
prompt and effective demands were made for re-
dress for the national injury and When Iepar,oa
Literally treated by their own government
and Soldiers are injured wrongfuy under circum-
stances which render government reSPonslole Ior
the injuries 10 demand quick ana LuI LepaIa l
and indemnity as national claim whlch SHOWS ina
the Cepiivaton or salor or solder OF ne ply
lege OF acquiring ana nodins an HNiIuS1 am
does not do him any injustice lie has oy MS en-
gained superior right. He has yielded the prtvi-
lege of making any personal demand upon hores "a
ACQUIRED tie privilege of having his personal IN
irries r,ade an Incident Of his nations claim
against the government responsible for the wrong
done him. and he rests secure in the certainty
that his government will recognize his injuries and
recOmpense the wrong in full and liberal measure.
His private grievance is merged in the wrong done
to his nation and its flag. and all this is to his ad-
vantage and gain. and not 70 his loss IN any pos
sible degree or under any conceivable circuna-
In announcing as the basis OF the present deci-
sion the general proposition that wherever an ind
vdual injury a sailor soldier creates in whole
or in part a national claim. OF his governments
against another nation. any right TO make a claim
for indemnity on account of such personal injury
is merged in such national claim. and cannot exist
independently thereof it is not the intention OF the
commission to decide any extreme case that may
De imagined nor 70 say {nat sailor OF . SodiST
reason of a wrong done to him when engaged
In the line of his duty
Nor does the commission undertake TO say that
the United States has fully discharged its Obiga
tions the survivors Of the Maine catastrophe and
to the families of the lamented dead The sole
decision is that in their behalf individual claims
have existed against Spain arising from that
catastrophe, even if the government Of Spain could
be held responsible therefor The necessity OF
making distinction between individual claims and
national claims between the claims of citizens
the claims of seamen and soldiers grows out Of the
exact language of the treaty and the statute. The
treaty cannot be altered The statute can be
enlarged according to the Judgment and Will OF
Congress.
Commissioner Chambers's dissenting opinion took
the opposite view, and held that there was nothing
in the fact that the men wore 1.-THE United States
uniform which gave them any less rights in time
of peace than other citizens of the United States.
One hundred and fifty cases. involving about
S5O0,000 affected by this decision