Arizona republican., 1906-12-16
ENFORCEMENT OF CLAIMS AGAINST GOVERNMENTS.


 The important developments Of re- cent years directly affecting the stand ing of the United States amOL-g the Family of Nations has aroused a gen eral interest in a subject heretofore of little moment outside of diplomatic circles.
 That branch of international law which treats of the rights of our eiti- zens in foreign countries ard the enc foreement of private claims againss foreign governments Is of special in- terest and particularly so to cOTnmer- cial houses, who are extending their trade beyond the jurisdiction of the United States. Very little had been
 written upon these subjects prior to the publication of an exhaustive and authoritative treatise prepared by Dav- i'd J. Brewer. Associate Justice of the l United States supreme court. am. Char les Henry Butler. United States su- preme court reporter. and published as part of the Cyclopedia Of Law and Procedure. by The American Law Book Company. New York
 The prOmenence of the authors ard {, their eminent fitness to handle the in tricate questions discussed in this trea- tise place upon the work the stamp Of absolute authority and make it a most valuable addition 10 modern legal lit- erature.
 { IL appears from the authors state
 meEt that international law as sci- ence is of comparatively recent origin It did not exist in the modern cOmpre- hensive sense either in the ancient world or in the middle ages. Two views are now taken by modern authorities as to the legal nature of international law; there are those who regard 1t as absolute law. which can be ascertained. applied and enforced. and others who regard 1t as merely a body of ethical rules properly applicable as occasion arises but which cannot be insisted upon or enforced.
 International law is treated in this article from the American standpoint.
 which is that the law Of nations does
 exist, can be ascertained and can be applied, and there is a body of laws which civilized nations have consent
 ed should form the rules of their con
 duct in their relations with each other.
 The principal chapter of this article contains complete exposition of the lsucject Claims of Citizens Against
 oACAESa anu AS 4AhA4E4 A4AAN claims which arise by tort. and claims
 which arise by contract Where the lClaim is founded on a tort. committed
 by a foreign government. as for in
 stance an unlawful imprisonment or an
 unlawful seizure of property. or for
 prosecutions inflicted on account of
 their nationality. the government of the
 injured party is morally bound 10 as-
 s.. rt-
 demand indemnity from the other gov
 ernment. IL is different. however.
 with claims founded on contract: for.
 while the government of the injured icitizen may endeavOr to obtain redress
 the moral obligation does not exist as
 in the cast of tort. because the ele-
 ments of national honor are not in
 volved to such a great extent. and the
 citizen is merely sustaining the same loss in a business risk that he might
 have sustained had he embarked his
 capital in private enterprise. and suf- fers loss as the result of delinquencies or ordinary mercantile misfortune. . Some of the modern statesmen. espec- lially CalvO and HFagO. have advanced . the theory that no government should use force To collect claims of its citizens lars3nSt foreign governments. especial
 " fg rCunded on contract. and that all contracts made "i'h a foreign nation lsboui4 .a fnstrued in the courts of that nation go nat Judgments had in those courts sl,2e.l oe executed ac- cording to the same l. VI " eatried 70 their full extent the Ca ano DfASo doctrines preclude diplomaC -ee- tion of the contract as well .- lip-o- matte execution of adjCdged ind- ness.
 When the claim of a citizen of t.4 United States has been submi. ed to and passed upon by the state dslsrt- ment there are three methods of pr'- cedure open for collection of the claim, | by suit. by diplomacy and arbitration. and by threats and force.
 While the modern tendency Is to set tie claims either by diplomacy or by an arbitration tribunal specially created or by reference to the permanent court now existing at The Hague. claims may also be collected from foreign governments by threats of war and by actual employment of force. as in the instance of the war with Spain. where one of the causes stated in the ulti- matum of the United States 10 spain was the enormous amount of unpaid lclaims of citizens of the United States against the Spanish government
 The entire article IS cOpiOusly illus n trated by notes and contains exhaust i've references to the various authort- ties and to other standard works on international law and the law of na- tions and will be read with interes- and profit by all students interested In this important subject The treatise international law" is one of 425 com plete and up-tO-date text books pub lished in the CyclOpedia of Law and Procedure.