Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-05-22
TREATY is NOW SIGNED.
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made to date. These amounts range
from $S40 to $150,O00 The cases dis
missed without awards number 203,
and 321 cases still remain on the dock
ct. The claims of the eighteen people
who were awarded $362,252 amounted
to $2,387 ,000-about Is per cent Of the
claims were found to be just. In the
2OS cases dismissed there was claimed
$S,SOO,OO0. 1t thus appears that out Of
221 cases originally filed and which
have been finally disposed of in one
way or another, involving claims Of
SlO,764,000, the government has paid
| only -362,252, or approximately 3 per
| cent Of the entire amount claimed.
| OF the 321 cases still remaining on
the docket it is believed that about
half of them will be dismissed later for
one reason or another.
To Govern Decisions.
At the beginning the commission
laid down the following principles
which were to govern decisions:
l. That the United States would be
held liable only for claims for which
Spain had been liable before the agree
ment of the United States to release
Spain therefrom and to adjudicate and
settle them;
2. That the instruction in Cuba
had not been war in an International
sense;
8. But that where an armed insur-
rection had gone beyond the control of
the parent government the general rule
is that such government is not respon-
sible for damage done to foreigners by
the insurgents;
4. That the commission would take
Judicial notice that the Cuban insur-
rection passed from the first beyond
the control Of Spain; but that if in a
particular case Spain, by the use of
due diligence might have prevented
the damabe she would be held liable in
that case;
5. That there existed such state
of war in fact between Spain and the
insurgents that Spain was entitled to
adopt war measures for the recovery
of her authority; but that if in par
ticular case the acts done were con-
trary to the rules and usuages of in
ternational warfare, Spain would be
held liable for the damages done; and
6. CAS- number which afterward
became No. 81 That the treaty of 1875
and the protocol of 1877 were in force
ducing the instruction.
Hard to Get Information.
At the outset Assistant Attorney
General Fuller encountered the great
est difficulties in getting information
from Spain relative to the facts. The
fact that the determination of many
cases would depend on the question
whether or not due diligence was en-
statements and information from the
in Cuba prior to the war between the
United States and Spain.
A good deal Of time was consumed
in getting Spain to give attention to
the matter at all Then finally when
ed that the mere statements of Spanish
officers must be taken as gospel truth.
Special Agent to Spain.
Mr.. Fuller could not see it that way
and in order to get any satisfaction
was compelled, finally. to send a spe-
cial agent of this government to Spain
to get the matter on a satisfactory
working basis. At last this was accom-
plished and the information in the pos
session of the Spanish archives was
placed at the disposal Of the legal de-
partment of the government. This is
all in Spanish and must be translated.
Among the first claims were 152
growing out of the blowing up
of the battleship Maine, amounting
to nearly 100000. These were
all dismissed on the ground that
| they must be prosecuted from differ
ent point OF view.
A great number of the claimants
were Cubans who had become natural
lied American citizens. In many cases
it was question as to the real facts
in the case; whether the person was
really q Cuban or a naturalized Ameri-
can citizen.
Reviews Spanish Cuban War.
| Recently Assistant Attorney General
Fuller made an argument occupying
six hours in case involving nearly
100000. This case was one of those
| Ringing upon the question OF due dill
gence and required that Mr.. Fuller
should practically review the war be-
tween Spain and Cuba. At the conclu-
sion OF the argument President Chand-
Ter stated that so much light had been
thrown upon the operations of the
Spanish and Cubans during the insur-
4 rectiouary period that he should ask
to have the argument printed.
1t mas been claimed that the COM
mission has not been sufficiently active
in disposing of business. Mr.. Fuller
says the work has been prosecuted as
rapidly as the Spanish government
would permit. Now that the official ar
chives are accessible, the cases will be
rapidly cleaned up.
Frank J. Stillman.
WAS IG DAY FOR PERKINS.