The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1904-08-15
YEARS OF LITIGATION,
OVER MANILA PRIZES
Courts Face Nice Questions in Disposing of Awards to
Officers and Men in Dewey's Squadron

Under order Of the court the prize
money growing out of the battle ot Ma
Mia has within the last few days. been
| distributed.
This completes an amount OF Htisa-
ton which in its novel and interesting
features has seldom been exceeded.
The statute granting bounty and prize
money to the officers and men OF a vic.
torious feet was repealed with the per.
sonnet act OF March 3. 1898. when II
raised the salaries Of naval officers e
the same rates as officers Of CORES
ponding rank in the army. Some of the
old naval men here predict that this
| bounty and prize money system would
/ be restored were the United States
! again to engage in a desperate struggle
! with a great naval power. as a stim Clus
to our officers and men to let nothing on
the high seas escape their vigilance.
But this prediction viii probably
! never be realized. The whole tendency
/ Of the times and OF civilization itself
/ IS in the other direction. No better ar
/ gument could be obtained for compen-
sating the navy for its deed o. volor I'm
the regular way. instead Of on this sal
wage basis. than the experiments Of
the Government in these last great
| cases.
Precedent for Il.
For many years the law In England
and America has given some financial
reward for success In a naval enza ge-
ment particularly where the enemy
vessels. or other property. are captured.
A similar reward was given until about
the middle Of the eighteenth century
] for the capture OF enemy's property on
land, known as booty. and many Of the
famous old cases in the English law
reports come under this head In this
country the army never was allowed any
share in the proceeds Of captures on
land. but English practice OF giving
prize money. 10 officers and men Of the
navy has been adhered to. although it
Is natural OUtgrowth Of the privateer-
ing practice Of the past.
At the outbreak or the Spanish war,
the act Of 1854 was in force. X gave two
classes OF rewards. bounty Tor the de-
structlon OF the enemy's vessels OF war
and prize money for the capture OF his
property. as the result Of an action.
Battle of Manila Bay.
When Admiral Dewey fought the bat
tie Of Manila Bay he earned. under the
law, both these forms Of reward, but the
circumstances were Of so peculiar q
nature that-nany interesting questions
arose during the long litigation which
has followed Every one or the Spanish
vessels was either sunk. destroyed. or
captured. and the navy yard at Cavite
was captured and all the stores there
belonging 10 the King OF Spain. feH
into Dewey's hands. With three exceP-
tons all the Spanish vessels that took
an active part in that fight were totally
destroyed, 50 that nothing Of value
could be recovered from them
But the Isla de Cuba. the Isla de
Luzon. and Don Juan de Austria. while
sunk by the Spaniards themselves after
the engagement ~ opening the sea
valves, and thfr upper works subse-
quently burned by Admiral Dewey at
the time when he supposed mis- own stay
I'm Manila would be very short, were
afterward raised by the United States
forces and taken 70 HOngkong.
The vessels were there repaired and
are now in the United States navy,
known by their old Spanish names in
accordance with long standing inter
national practice. One OF them is used
as a gunbOat in the Philippines. another
is undergoing repairs here. while the
third IS practice ship at Annapolis.
Small Craft Captured.
A large number Of smaller vessels
then in active use in connection with
the navy yard, were captured afOat.
and were at once turned over for active
use in our navy. One of these was the
Manila, a vessel OF 1900 tons Dewey
all this time had before him the pro- /
visions OF the revised statutes in regard /
TO prize money. which imposed upon the /
commanding officer of the victorious
fleet the duty of appraising the cap
tured property. But he was more Of 4 I
naval officer than a lawyer, and was
more intent on making his victory COM I
plete than OF realizing on ats pecuniary /
returns.
The board asked whether the prop
erty remaining on land in the navy
yard should be appraised, but Dewey
told them TO confne their work TO
very limited range OF property. greatly
Understanding his rights When the 4
admiral and his officers and men placed
their claim for bounty and prize money
found that this original appraiscment
did not include articles which were
properly subject to prize, such as the
contents OF the very valuable arsenal
The attorneys also believed that the
three vessels which were sunk IN the
engagement. but afterwards raised, |
should be admitted as prize.
ne POINTS dL issue.
The Navy Department saw consider
able litigation In sight, especially since
tho law gives a larger measure OF com
for destroying an e1emy's
fleet which IS equal or superior 70 the
capturing force than If the conditions
are the reverse. Dewey's apparent in
difference to his own interests was
somewhat extraordinary IN view Of the
fact that in the cases growing out of
Admiral Farragut's capture OF New Or
leans. the deposition OF Lieut.. George
Dewey is on file in the Supreme Court
% tho District Of Columbia There was
1900 600 in prize money as a result Of the
taking OF New Orleans. for distribution
among its captorS.
A serious difficulty came up IN adjudg-
Ing this question OF relative strength
IN account of the land batteries. III
these were counted. Dewey certainly
Jvercarne a superior force. especially In
,iew OF tho estimates of competent !
naval authorities. that one gun on
shore equals from two 90 six guns OF
he same caliber on ship. The reasons
-or this are many. tho chief Of which Is
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