The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1905-08-20
TO GET DAMAGES
FOR MAINE WRECK
New Effort on Behalf of
Sailors Estates.
MANY LAWYERS AT WORK
Congress Will Have to Pass on At
tempt for Adequate Recogni-
ton of Claims.

\ new effort may be made, on behalf
of the estates of the American sailors
who lost their lives in the wreekipg Of
/. the Maine in Havana harbor in 1888, to
recover damages. in the names Of the
estates. from the Federal Government
lawyers are at work in the effort to
organize these claimants for 3 move
ment to secure adequate recognition
which they insist has never been given,
of the claims founded in that historic
disaster
Thus far little is known as to the
probable methods OF procedure, but an
official connected with the Spanish
Treaty Claims Commission expressed
the opinion that any effort of the sort
would have to be made in Congress.
Under the treaty with Spain the
United States assumed and agreed to
pay claims of American citizens for
damages sustained in Cuba prior to
American Intervention.
Claims Not Recognized.
Claims were filed on behalf of a ma
jority of the Maine victims, but the
commission decided that this constituted
a great national claim rather than a
series OF individual claims, and that, as
the treaty with Spain had not recog-
nized it, the Government had relinquish-
ed 1T as against Spain.
Next comes the large and interesting
question whether these sailors were the
victims of en- ordinary accident or of an
act of war. This Is an extremely diff
cult and embarrassing question to open
and one which has a large bearing, it
Is thought. on the matter of securing
further recovery than the Government
has yet granted to surviving relatives.
There are still pending before the
claims commission between s45, 900, 900 and
$50 0o0.o00 OF claims of American citi-
zens which the United States agreed
by treaty TO settle. These represent per-
haps 800 claimants. and 1t will probably
take several years TO close them; in
deed, some Will doubtless be left open
for generations. Thus far about IS, 00O,-
coo OF general claims have been settled.
the claimants getting less than 10 per
cent of the aggregate asked. 1t is
thought that the total secured will be
in about the same proportion
Much Testimony.
In a single case. involving a claim of
about 8, 0oe, coo, there has been taken
testimony amounting to about 10000
printed pages. The testimony is of most
remarkable character. Much of it, for
instance. IS dispositions of Spanish army
officers who were in Cuba during the in
surrection.
They relate the facts concerning the
conditions and causes of the damages.
The commission holds that there can
be no recovery for damages caused by
the insurgents unless It be shown that
Spain was reasonably able to prevent
the damages; and likewise that there
can be no recovery for damages in the
actual track of war. These rulings have
wiped off a long list of cases
The Spanish officers, to whom appeal
has been made for dispositions as to con-
ditions in the island during the insur-
rection have generally given very fair
and unprejudIced testimony, though
there are exceptions to this rule.
Widespread Search.
In their search for testimony, the
group of Washington, New York. and
Havana lawyers who are handling most
of the cases. have secured Spain and its
possessions. Cuba, the Philippines, and,
indeed, most of the world.
The commission will begin a long Sc
ries of hearings on these cases in Octo-
will take up and determine the cases one
by one. after which Congress will ap-
propriate to pay the awards.
One OF the great difficulties of the
cases is in the question of citizenship
No claimants except American citizens
are entitled TO recover, but the wonder
full proportion of alleged naturalzed
American citizens among property own
eTs In Cuba Is astounding to the com
missioners. Some Of the claimants are
old men who. as boys forty or fifty years
ago, came to the United States for short
periods to study or travel. and claim TO
have taken out citizenship papers for
various reasons.
They afterward returned to Cuba.
never came here again. never regularly
lived in the country or performed any of
the duties Of citizens. These matters, in
view of the extreme laXity of the United
States and State authorities in keeping
records of ndturalizations, are almost
impossible of satisfactory determination