The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-08-01
FINAL AWARD OF
UMPIRE SIGNED
Italian Claims Against Veua-
zueIa Scaled Down.
ONE WAS FOR OVER 5000, 900
INTEREST ALLOWED IN SOME OF
THE CASES.

Washington, July 31.-Jsckson H
Ralston. Of this city. has just signed his
final award as umpire Of the Italian
Venezuelan commission. and this COM
pietes the laboTs OF ali the recent Ven
ezuelan mixed commissions. About
three hundred and sixty claims aggre-
eating six million dollars were filed
with the Italian commission, there be-
1ng more Italian claimants than any
other nationality. and the aggregate
awards were about six hundred thou
sand dollars
Many questions of doubtful citizen
snip came before the commission and
The umpire held IN all cases Of differ
ence between Venezuelan and Italian
laws that the law Of domici OF the
claimant after the time of birth should
control
The largest claim presented was that
or the Cervaia heirs for over three mil
hon dollars. The original claimant was
porn in Sicily, but passed a large part
% his life in Venezuela. going abroad at
the different periods in various capaci-
TIES Tor that country The umpire held
Ihat according 20 the law of his native
Land he had forfeited his original citi-
zenship by his diplomatic employment,
heard before the Italian commission.
Claim Cut Down.
Another case Of importance was that
OF the Martini company. which held
q concession for coal mines and the
railroad from Guanta to Barcelona
The company claimed 81, 100000 because
OF interference with business by -
paper blockade and closure Of the ptSc
OF lfuanta. etc.
The umpire held that under the terms
OF the concession the port should have
remained open, ana that the paper
blockade by proclamation only was il
legal and that Venezuela was liable for
damages directly resultant therefrOm,
granting the company $4,000.
y claim OF S600,000 was presented by
the PoggOlis, who had been merchants
4n the state of Los Andes The Pogol-
lis claimed they had been assaulted;
that their assailants by conuivance Of
The authorities escaped punishment and
mat their extensive properties had been
destroyed through the joint action Of
The authorities and private individuals
none of the parties engaged in such
destruction being punished, and per-
sonal protection being refused. The
umpire neld that under the circum-
stances of the case Venezuela was Ie-
gdly liable for the wrong doing Of her
O00.
Gases Of Expulsion.
Several cases Of expulsion from Ven
ezuela came before the commission
The umpire recognized the government
al right of expulsion. bat found in par
ucular instances that il has exercised
It in disregard of the law and granted
damages. For the unlawful killing Of
Two IJalians by or in the presence, and
with the saGction>of government Off
cials. awards Of $4,000 and $4,000 were
given.
The question most debated before the
commission was as to the responsible
1ty OF Venezuela for the acts OF un-
successful reyOlutiOnists. The umpire
FOLLOWING many precedents held in a
number OF cases that such responsible
lily did not exist In cases where the
concession had provided that all ques-
lions Of Interpretation and execution
should be referred TO the Venezuelan
courts for settlement, and never should
have been made a subject of inter
rational claim. but the umpire held
that an individual claim could not con-
tract away the right Of the government
uipiomatically TO present q claim. and
that the commission had Jurisdiction
in several cases Venezuela had collect
ed a second time taxes once Paid 10 a
defacto revolutionary government, but
~ III umpire > opiiiiOiiS Sucl second
payment was held Illegal and refund
was ordered.
Mr. RaIstCn held barred by Iaches
and in conformity with the principles
underlying prescription claims for dam
ages which had not been presented TO
Venezuela for thirty years after the
alleged occurrences.
Interest at the rate Of seven per cent
Der anuum (the legal rate in Veuezu-
ella i'm The absence OF CONTRACT was al
lowed on claims from the date of pre-
scntatlon To the Venezuelan govern
ment or the commission January 1st.
1891