The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-07
AGAINST The CLAIMANTS
IMPORTANT RULING BY THE SPANISH
TREATY COMMISSION.
Crew of the Battleship Maine Cannot
Recover Damages-Must Appeal
to own Government.

WASHINGTON, March 6.-The Spanish
treaty claims commission to-day 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 the government of another nation
for redress of injuries to persons or prop
erty which such citizens may have sus-
tanned from such government, or any of its
agents. But such individual claims do not
arise in favor of the officers and seamen OF
a ship of war, VINO receive in the line of
duty, injuries to their persons for which a
foreign government is responsible. The
claim against the foreign government is
wholly national and all injuries to such Of
ficers and seamen are merged in the nation
al injury, and they can look only to their
own government for such remuneration as
it may choose to give them.
"A seaman injured by the explosion which
destroyed the battleship Maine in the har-
Dor of Havana Cuba, on Feb. Is, $685. had
no individual claim against Spain, even if
tnat government was responsible TO the
United States for the explosion, and there
fore such a seaman is not entitled TO an
award in his favor from the Spanish treaty
claims commission organized by the act of
Congress of March 2, 1901, to adiudicate all
individual claims of citizens of the United
States against Spain which the United
States released to Spain and agreed to pay
by the treaty of peace of Dec. 10, 1895"
The claims far filed with the commits
sion, which will be affected by this deci-
sion, amount to about $2,500,000, which
probably would be increased to S. 200 600
had the decision been favorable to the
claimants.
Commissioner Chambers filed n dissent
ing opinion. The commissioner laid down
the following proposition: "A sailor neither
forfeits nor valves any of his individual
rights as a citizen. except such as conflict
with the loyal, effective discharge OF his
duties as a sailor; he assumes no risks that
tion by the culpable negligence or acts of
a foreign government. and he has the same
right as any other citizen has TO claim in
demnity for wrongs done by foreign gov
ernments in time Of peace" He said that
if the City of Washington, lying near the
Maine at Havana, had been blown up and
its sailors killed this commission would
present to the people OF the United States
and of the civilized world the anomalous
aspect of investigating for the purpose of
adjudicating, according TO the merits OF
the several cases and the principles OF
equity and of international law, the claims
of all these private citizens who were in
jured killed upon the merchant ship,
while the claims of the equally unfortu-
nate sailor citizens whose injuries were
received or whose lives were sacrificed
while in the line of duty at the same in
slant OF time on the battleship Maine arc
denied hearing. To my mind no principle
of law, divine or human, international or
municipal. recognizes or could justify sucn
l or, ir0n