Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-06-03
THE Issue IS ]! IS JOINED
- d. =
Hannia Taylor Replies to Mr..
T. Carlisle.
on JIG
:Se5sIs.
VAST SUMS INVOLVED
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ARaUMENTae BEFORE SPANISH
TREATY CLAIMS COMMISSION.
Three Classes Of Claims on Trial
Sixteen Cases Chosen Of the 500
-Contentions Advanced.


var for Cuban Independence. The whole
sum involved in the hearings to be con-
Quoted by this commission is $60,0O0,090,
which gives the ultimate decision of these
| causes an interest almost unprecedented
IN the history of International litigation.
But the American bar and the foremost
students Of International law in other
countries will follow the argument in these
cases with even more interest because of
the new and exceptional issues of law
which they involve.
Glasses Of Claims Involved.
Three classes of claims are on trial
claims representing damages alleged to
| have been suffered by holders of property
in Cuba in consequence Of the operations of
the Cuban insurgents, aggregating $4,000
600; claims arising from the destruction Of
property charged to the operations of the
Spanish army in Cuba, aggregating $780,
GOO; claims relating to alleged false i'm
prisenment, levfes on private property and
100000
Out of the 500 claims comprehended in
these three classes sixteen have been
chosen by the commissioners and counsel
as adequately representing all the material
points involved by the claims of the first
class ...-.
The claimants are as follows, the United
States being named as defendant in each
case: Teresa Joerg Luis Felipe Mare1on y
Marquee, Francisco Donadio, Gerardo
Richard K. Sheldon, executor; Jose Rus
sell Gener, Rosa A. Maragliano, DOmin-
go G. Alvarez, Raphael Madrigal, Trinidad
Sugar Company, Maria Teresa Dominquez
Fumero ct al, Rosario Sugar Company,
Francisco L. del Vale, Juan B. Garlic de
Albornoz, Agnes de Bequer.
Mr. CarEsle's Contention.
n I;ela Of ba
most familiar figures in national life by
long service in both houses Of Congress
and four years service as Secretary of the
Treasury, opened the case for the claim
ants yesterday, and consumed the entire
first open session of the commission. His
renown as a forensic orator and wide repu
tation as a student of American and inter-
national law added to the interest of the
hearing. In consequence, when ne arose TO
to address the commission he faced room
crowded to the doors with distinguished
feliow-barriSt erS. Most of his argument
was technical but he held the close atten-
ton of all his auditors for five hours
His client had a valid claim. he said,
bas ed on well-known and accepted prnci-
pies of international law, advanced in briefs
submitted by his associate counsel. These
principles afforded an incontrovertible basis
of action for the claimants in these causes.
But they were not the only basis of action.
On the contrary, they were not the consid-
Grafton to which the comn1ission-whieh sat
as an American court, duly constituted by
law to hear and weigh claims against the
United States made by citizens of the
United States-was bound to give most at
tention. The claimants sued for redress
under contract, a contract obligation as
sumed by the United States in the Paris
treaty and confirmed by Congress in the
establishment Of this commission, and, no
matter whether the claims of the citizens
of the United States would or would not
have been valid as against the Spanish gov
eminent. the commission was bound to con-
slider whether they were or were not valid
as claims under contract between cltlzens
Of the United States and the United States.
Mr.. Hannis Taylor's Argument.
Mr. Hannis Taylor. former United States
| minister to Spain, will consume the two ses-
sions Of the commission today in answering
Mr. Carlisle and pointing out what he terms
the inconsistencies OF the contentious made
by Mr. Carlisle and those advanced in the
briefs submitted by the latter's associate
counsel. Americans regard Mr.. Taylor as
one Of the foremost International lawyers
Of today In their judgment, his long ser
vice in Madrid and his reputation as law
yer made his selection as special counsel
for the government especially feiicitouS. he
spoke this morning to much such an au-
dience as that which heard Mr.. Carlisle yes
terday.
Key 10 TIE dutluuC oA INV 6oF SAAAAS1iS 40
these causes.
Two Contentious Advanced.
First. that "a state of war, within the
definition of international law, existed de
facto in Cuba. from February "A, 1896, to
April 90 1898.
Second that Spain was not. nor is the
United States under the treaty Of Decem-
Der TO- 1898, liable for the property of
American citizens destroyed by Cuban
forces during the progress Of the late in
surrection."
| As to the first contention. the attitude of
counsel for the government is that-al-
though the Senate refused to recognize the
beIligerency Of the Cuban insurgents-'the
government Of the United States on nu-
merous occasions, from 1895 to 1898. de-
clared state Of war to exist on the island"
This declaration was made, according to
| Mr. Taylor, through its executive depart
ment in the messages of the President and
in its diplomatic correspondence with Spain
and through its legislative department.
His attitude as to the second contention
Is stated as follows:
"Since, therefore. devastation by behig-
erent Of the territory of an enemy. in or
der to bring hin to terms, Is legitimate vio-
lence both under the rules Of International
law and the usages Of war; since neutral
property ine9emy territory becomes affect
ed by enemy character, regardless Of it's
| owners personal domicil. whereby 1t is
rendered liable, all and singular, to the
yicissitudaa 4of war; since neutrals domi-
ciled in a, country In time of war are en-
| titled to no. more protection from It's gov
| eminent than the subjects thereof, who
| themselvessean have no claim against their
| government for property destroyed by the
| public enemy fagrante bello; and, finally.
since a .state incurs no liability for neutral
| property destroyed within its borders by in
surgents Over whom 1t has lost control, it
Is conclusissfy established that Spain In
| CURED no liability whatever for the prop
| erty of American citizens destroyed by In
surgent forces in Cuba during the late revo-
| luton.
..This being ftras. the United States is not
| liable for.esuch obstruction under the as
| sumption clause article Z. Of the Spanish
| treaty, and the claimant cannot recover"
| The reply to Mr.. Carlisle's argument
| which gives the claims an entirely new as
pect, is being made at this afternoons
| session.
/ THE PRICE OF A LOT.
A Little More Than 80 Per Foot
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