The Washington times., 1902-06-04
Argument Closed Before
Spanish Treaty Com
mission.
TiR. HANNlS TkYLCR SPEAKS
Argued From Tie Standpoint Of al
Actual State Of War Existing il the
Island Of Cuba at the Time Alleged
Losses Were Sustained.

Nj. Rannis Taylor. former United
States minister 20 Spain. and special
counsel Tor the Government. made a
strong argument before The Spanish
Treaty Claims Commission ycale, day.
His speech was a reply u Mr. John G..
Carlisle, senior counsel for the nett
TONERS. who spoke On Monday. 1ne
present session OF ihe Commission was
concluded yesterday afternoon. Dur
ing several months pas: tho Commission
has listened to arguments cn the pTin-
cple involved in the claims against me
Government. aggregating in single
class about SO 5,GO0,cC2 No decision IN
the controversy is expected until early
iall.
AS On Monday. when Mr. Carlisle pre-
sented the Claims Of the sixteen petit
tioners chosen from GEout $50 claim
ants. the rooms Of the c mmission cn
H street, near Fifteenth street. we're
crowded ali day yos.-gidy. Prominent
lawyers frcm New York and The lccal
bar were present. among them being
Messrs. Faul RULER. William z. CARTS.
Prof Moore, Prot SoleY tags {; Con
nant, of New York. ana Il. a. i1erDerI.
Crarlmond Kennedy. =. : walton. Ben
jsmin Micou, and Wells d Wells, OF
Washington Besides ;lcs,, the assist
ant Attorney GeLeTal of the United
States. Mr.. William y. Fuller. and At
torney Charles =. Jones appeared in be
half of the Government. ar. Iay-or.
special counsel. wSs assigned the clGs-
ing argument. wlich occupied the CnLire
day.
Claims IN Th-ea CLASSES.
For the purpose Ct simplifying maj
tiers. all claims against the Government
growing out of the Cuban war for inis-
pendence had previously been divided
into three distinct classes. Property
holders in Cuba VINO suffered damages
consequent upon the operations C; tie
Cuban insurgents. the total amounting
TO about 81. 100000. Termed enc class;
those claiming losses and bringing
claims arising from the destruction OF
property chargeable to the operations
OF the Spanish army in Cuba. another
class: and parties basins deiaands iCr
damages resulting from false iinprison-
ment and leNies On pirate property.
third. A total cf .G0 claims in ali the
classes have bcen fled The sixteen OF
which the hearings clcsed yesterday
were selected by The Commissioners
ald counsel as adequately representing
all the material Joints involved in the
controversy.
&c claimants are Teresa Joerg Lais
Felipe Garejon Marquee, Francisco
DoisaGio GerLTG0 Bonau. Mercedes
Navarro de &eiasky, Richard X. shell
den. executor; jose Russell y Gaacr.
Rosa i. Mara agliano. Domingo G. A!
valcz. Raphael MGdrigal, Trinidad Sugar
Company. Mari9 Teresa Dominique y
Tumcro ct al. Rosario Sugar Company,
Francisco L. del Vale. Juan b. Garlic
dc Aibcrnoz, Agnes de Bcquer.
Just when the cases in the other
classes will be heard is unsettled No
decision in tho matter OF further hear
ings before the corfnission has been
reached. although it is though; argu-
ments viii be begun within the next few
weeks.
Mr. Taylor's Speech.
The presentation Of the Governments
side in the suits nov pending was begun
by Mr. Taylor yesterday morning at II
O'Clock. A feature OF the proceedings Of
the day was wordy tilt between the
a;.ccial counsel for the Government and
Mr. Carlisle Mr. Carlisle interrupted
sir. Taylor asking some question as 10
the construction the latter put on an
intricate question of international law.
Mr Taylor replied. and MIR. Carlisle re-
Joined. The debate grew animated for a
icw moments. Other attorneys cn both
sides Joined in, and there were some
lively passages between counsel Sub
sequently. Mr.. Taylor paid his respects
to Judge Moray, one OF the opposing
counsel, in truly diplomatic language.
II. oughout the day The proceeding
were animated.
II was apparent early in the day tha.
the main support of the Government
contention vas that a state OF war did
actually ex,s. within the confines OF the
island of cuba prior to and during the
interference ty lie United States in the
affairs OF the country. On this conten-
ton. which Mr.. Taylor claimed was a
fact beyond controversy. he steadfastly
held that the Government Of the United
States or that of Spain could
in TO wise be responsible fOr
damages resulting from the opera
tions Of wal, whether caused by the
Snanish soldiers, the Cubans, or the
combined forces Of the United States
ana Cuban insurgents. or by accidents
growing out o. such military operations.
This point. Nj. Taylor urged. was en-
bodied in the fundamental principles of
international law. that a government
could not be held responsible for dam
aces 10 it's subjects or others. where an
insu-rcction actually existed In point o.
fact: and therefor where physical con
trol of both military and civil GIai-a
had passed. whether temporarily or per
nancntly, beyond The power o. such gov
ernmcnt. To emphasize this principle,
Mr. Taylor cited authorities. He then
PASSED to another question OF alleged
fact. as to whether war actually ex-
listed In Cuba during the period when the
damages from which claims against the
Government are filed were suffered by
the petitioners.
Country in State Of War.
Mr.. TAYLOR quoted statistics from both
Spanish and American sources. tc prove
The actual existence oi a state Il war
in the island OF Cuba, beginning late ia
sprii. 1885. and continuing some months
From special message Of President
Mckinley, dated April 1925. Mr.. Taylor
read extracts. to the effect that the
struggle then being carried on IN Cuba
had not been exceeded by any contest;
in modern times This messacr, said the
Governments counsel had been ssnt to
..--... 70 Tr,rfaf--ff nod had q