Evening star., 1902-01-24
THE MAINE CLAIMS.
Mr.. Butler Has Filed HIS Brief With
the COmmissfOu

Mr.. Butler Has Filed His Brief With
the Commission.
Mr.. Chas. Henry Butler filed his brief and
argument in behalf of seventy claims grow
ing out of the destruction of the battle ship
Maine in Havana harbor with the Spanish
treaty claims commission Wednesday. The
oral argument on the demurrers of the gov
ernment was heard in December. and an
order was made permitting counsel to file
briefs at later date. The briefs for the
government have already been filed. The
governments position is three -fold-that
the court has no jurisdiction; that soldiers
and sailors cannot ask for indemnity under
such circumstances, and that as the acci-
dent occurred on a United States vessel the
principles Of exterritorialty took 1t out Of
the Jurisdiction of Spain.
In his argument Mr.. Butler first discusses
jurisdiction and cites numerous cases IN
which other commissions have considered
claim for injuries to civil, military and
diplomatic officials. As to the right Of
sailors and soldiers to recover indemnity
when killed or injured in a foreign country
he cites the Baltimore case, when the
United States collected $4,000 from Chile
in 1891 for American sailors killed and
wounded in Valparaiso: the Chesapeake
case. when in 1911 the United States COM
PEELED Great Britain to agree to indemnify
the sailors taken from her by the Leopard
III 1871, the w WyOmlng case, Wnen the United
States obtained indemnity from Japan In
1883 for attacking one vessel.
He disputes the governments proposition
that the American commissioners agreed
with the Spanish commissioners never to
reopen the Maine case. He cites the pro-
posed arbitration clause and shows that all
that the Spanish commissioners offered
was to arbitrate the question Of re-
|-sponsibility and to pay the expenses of the
investigation and salute the American flag
in New York if 1t was found that Spain was
at fault. Article of the treaty of Paris
provided that the United States release
Spain from all claims, national and individ-
ual and agreed to adjudicate and settle
them itself, and this covers the claims of
those who were injured and families of
those who were killed on the Maine
Mr.. Butler quotes the governments brief
that Spain was not liable to protect the
Maine on account of the extension of
United States Jurisdiction thereoyer und ar
from the last edition of Prof. Davis, for
merly professor of International law at
West Point, to the effect that Spain was
| responsible for the protection of the vessel,
notwithstanding the jurisdiction of the
United States still extended thereover as
to all acts done on her.
Mr.: Butler declares that the attempt of
the United States government to limit the
liability OF foreign governments for injuries
to American citizens will have a serious ef-
feet on the principles Of international law.
mo foreign government" he says will
be under any greater liability for injuries
to American citizens in person or property
when 1t has to pay them than when the
United States assumes them" and he then
says that sooner or later foreign govern
ments upon whom claims are made will
cite the position of this government taken
before the Spanish treaty claims commits
sion.
There are 13O Maine cases in all, involv-
ing about s2.50O,OOO.