New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-03-11
SPANISH TREATY CLAIMS.
No Need of an act of Congress for
an AppeaI to the Supreme Court.

To the Editor OF The Tribune.
Sir: Apropos OF the letter signed Good Faith"
in your issue OF the 25th ult. let me suggest
that there is no need of act OF Congress grant
ing an appeal from the decisions OF the Spanish
Treaty Claims Commission to the Supreme Court
of the United States. for it Is provided IN sectlon
Is of the act OF Congress under which the COM
mission is proceeding that when 1t Is IN DOUBT on
any question of law it can certify such question:
with the facts which it arises, to the supreme
Court for final decision.
motion made by the attorneys 1or the
Maine claimants for such certincate' aIter the
commission, by a vote of to l. had rendered a de-
cision Diminishing these claims. on the ground that
thew were not within the intent OF the treaty but
The commission denied the motion, on the grouhu
that they could not be said to have been IN doubt
when a majority had concurred In the dismissal
No final decision however. has yet been rendered
by the commission any Of the claims or our cit
liens for destruction of their property during the
Cuban instruction. and while the commissioners
have announced certain guiding principles, Oy
vote OF to 2. and have accordingly sustained many
Of the demurrers interposed by the government
with leave TO the claimants to amend). there Is
nothing TO prevent the commission from Ger
tifying to the Supreme Court for Its decision
the fundamental question which is discussed by
Mr.. Crammond Kennedy, IN Tho North American
Review for February, viz: whether SPANS re-
suonsibility for the injuries and losses suf-
fered by our citizens during the instruction IN
Cuba was not of necessity determined by the
United States for itself when it interviewed by
not make provisions for satisfytng this response
blity, Spain ceding territory 10 the CIhte9 STATES
hV way Of Indemnity FOR these injuries and losses
OF citizens as well as tor the expenses OF ne
national and Individual claims "of every kind
and agreeing to adiudicste ard settle the Individual
claims so released itself. As two OF the comInls-
sioners hold the responsibility OF spain and now OF
been defnively settled and the other three nclud-
ing the president Of the commission, are ey ne, no
view they might be willing to certify TO the Su5
preme Court this fundamental question ana II SoGd9
appeal from the commissions decisions could De
reached in the next Congress IL the attorneys
the commission refuses to make IT, in face of Sec
ton Is of the jursdictonal act. bill giving both
some measure more drastic would undoubtedly be
passed without avoidable delay by the 18th Con-
II the Supreme Court should decide that Spain :
responsibility for the injuries and losses OF our
ITSELF When il undertook to drive Spain OF Cuba
and that provisions made for meeting this re-
srbordnate questions would be avoided the decision
of which Nv the Supreme Court might hereafter be
State A war OF intervention is of rare occurrence,
and a dc cisiOn of the Supreme Court TO the erect
ereign fashion that spain was responsible Tor the
conditions that were prevailing In CUBA, and that
all our courts land especially the Spanish Treaty
Claims Commisson) are bound by this political
act OF the government, would put these claims on
untouched all the perplexing questions W ch would
have arisen If there had been no war Of interven-
acts OF insurgents, whose bellgerency was never
recognized, or for the destruction OF property by
tary ope ations- 1t seems desirable from every
point OF view that the commission should take ad
vantage of Section % of the 1ursdicdonal act and
certify the fundamental question OF responsibility
10 the supreme Court, whose province II is to con
strue treaties when they affect as in this easel the
New York, March 2, 1885, RES ADJUDICATA-