The Birmingham age-herald., 1903-02-24
DEWEY ALLOWED
 THE PRIZE MONEY He and His Men Share in Spells
 of Battle SAMPSON CASE IS LOST Supreme Court Discusses the Maria Theresa Claim, as That Vessel
 Was Sunk After Being Res
SAMPSON CASE IS LOST

Washington February 23-The United States supreme court today decided the prize money cases brought by Admiral Dewey in behalf of himself and the offi- cers and men of his fleet on account Of the vessels sunk at Manila and afterwafd reclaimed in their favor, but the eases ot Admiral Sampson, for whose name Ad- miral Taylor was substituted in his own behalf, and that of his officers and men, on account of the Maria Theresa, sunk at the battle of Santiago. were decided ad- versely to the claimants. The Theresa was sunk after being rescued, whereas the vessels reclaimed at Manila are still in use.
 The court first passed on the Dewey case. Taking up the question as to whether the Spanish vessels Don Juan de Austria. the Isla de Cuba and the lsla de Luzon were properly adjudicated as prizes for the benefit of captors, in view of their condition immediately after the engagement at Manila, and their being subsequently raised and put in commis- sion, the opinion says that if the effort at salvages had failed or if the cost had equaled or exceeded the value the cap tors still would be entitled to bounty.
 "As to the property taken from the vessels raised and reconstructed and that taken from the vessels destroyed" says the opinion. we think its legal status must be regarded as the same as that ot the vessel to which 1t belonged. The statute did not contemplate division ot the grant and an award of prize money and bounty in respect to the same trans- action"
 Concluding on this point, the opinion says that even if the contention be cor rect that bounty alone would be an in- adequate reward that would not justify the court in attributing to the statute scope not permitted by its terms.
 Concerning the naval stores captured by Admiral Dewey at Cavite. the opinion says the property in question was taken subject to the exercise of the power of restitution and the government must be regarded as dissolved from liability for whatever was restored under the treaty of peace
 "We are of the opinion, Says the court, that the District court committed no. error in it's decree in respect of the Don Juan de Austria, Isla de Luzon and Isla de Cuba and the property taken from them, as well as the vessels captured and their appurtenances or In respect or the lighters and wreclxing boats but should share in a portion of the naval stores and material captured in Cavte arsenal, and the boats pertaining thereto should have been awarded and that the decree should not have included property taken from vessels sunk and destroyed
 The decree of the District court, dis missing the intervening libel of the cap tain of the Manshan, is affirmed.
 Taking up the Sampson case and pass ing on the case of the Maria Teresa the court reverses the decree of condemna- ton of the District court to the effect that the vessel and all the property taken from her and from the other ves- sels were lawful prizes of war and directs that the libel filed by the naval officers be dismissed