The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-08-01
FINAL AWARDS
Have Been Signed by the Umpire of
Venezuelan Commission.

Washington. Aug. Jackson II.
Ralston of this city has just signed
his final award as umpire of the Ital-
ian Venezuelan commission and this
Completes the labors of all the recent
Venezuelan mixed commissions About
$50 claims aggregating $6,e0o,OOu
were filed with the Italian commission,
there being many more Italian claim
ants than any other nationality and
the aggregate awards were ABOUT
100000.
Many questions of doubtful citizen
ship came before the commission ana
the umpire held in all such cases OF
difference between Venezuelan ana
Italian laws that the law of domlclle
of the claimant after the time of birth
should control
The largest claim presented was that
of the Cervaia heirs for over S3.OOO,-
600. The original claimant was born
In Sicily, but passed large part OF
his life in Venezuela, going abroad at
different periods, in various capacities
for that country. The umpire held
that according to the law of his native
land he had forfeited mis- original citi-
zenship by his diplomatic employment
and his heirs therefore could not De
heard before the Italian commission
Al Another case of Importance was that
OF the Martini company, which held
a concession for coal mines and the
railroad from Guanta to barcelona
The company claimed SIX 900 be-
the paper blockade and closure of the
port of Guatata, etc.
The umpire held that9under the
terms of the concession the port
should have remained open and that
the paper blockade or blockade by
proclamation only was illegal and that
Venezuela was liable for damages di-
rectly resultant therefrOm, granting
the company $4,000.
A claim of 100000 was presented
by the Poggfolis, who had been mer-
chants in the state of Los Andes. The
Poggiolis claimed they had been as
saulted; that their assailants, by con-
nivance of the authorities, escaped
punishment, and that 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 personal protection be-
ing practically refused. The umpire
held that under the circumstances of
the case, Venezuela was legally liable
for the wrong doing of her officials
and granted an award of 100000.
Several cases of expulsion from Vene-
zuela came before the commission. The
umpire recognized the governmental
right of expulsion but found in partic-
ular instances that il had exercised in
disregard of the law and granted dam
ages. For the unlawful killing of two
Italians by or In the presence, and with
the sanction of government officials, |
awards OF $4,000 and $4,000 were given.
The question most debated before the |
commission was as to the responsible |
ty of Venezuela for the acts of unsuc- |
cessful revolutionists. The umpire fol- |
lowing many presidents, held in a |
number of cases that such responsible |
~ did not exist. In cases where the ]
concession had provided that all ques-
tion of Interpretation and execution |
should be referred to the Venezuelan /
courts for settlement and never should 1
have been made a subject of internal
tional claim. the umpire held that an |
individual claimant could not contract |
away the right of his government di- /
phoma tically to present a claim and |
that the commission had Jurisdiction. /
In several cases Venezuela had collect
ed a second time taxes once paid to "a |
defacto revolutionary government but |
by the umpire's opinions such second |
payment was held illegal and refund /
was ordered