Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-03-31
Military Assassination"

The evidence shows that 1t was q MILL
tary assassination, conducted under the
orders of superior authority received by
telegraph the day Of the execution, be-
cause OF Otazos sympathy with the in
surgents.
Otazo left a widow and eight children.
who claimed indemnity Of 100000 on &C
was born in Cuba in 1s47, naturalized in
New York in 1875. returned to Cuba in
1877, registered at the United States con-
sulate as an American citizen, and set
tied in Matanzas, where he lived until
his death. His children were educated
in the United States and his father died
In New York and was buried in Green
wood cemetery. Enrique Otazo. however.
had no claim to citizenship except his
naturalization papers.
The above are fair samples Of the claims
which were submitted to and allowed by
the Spanish treaty claims commission,
and almost every one of them was based
upon paper citizenship" The claimants,
or the persons suffering the damages for
which indemnity was demanded, were
nearly all natives Of Cuba who came to
the United States to be educated, or to
obtain naturalization papers, and then re-
turned to their native provinces to reside.
This class of citizens has caused more
foreign countries, especially Spain,
Turkey and Russia. than any other, and,
although we may sympathize with them
personally. the policy of the Department
of State for many years has been to with
hold the protection OF the government
from naturalized aliens who return yolun-
tarily to their alive countries to reside
permanently
One hundred and f1fty-two claims, ag-
gregating 1888, 900, were filed by the
heirs of sailors who were lost with the
battleship Maine in Havana harbor. Feb
ruary Is, 1898. The question whether
these claims came within the terms of
the treaty and the Jurisdiction OF the
commission, was the first one of serious
importance with which the commission
both serious and important. Certainly If
Spain had understood that by making
this treaty she was agreeing that a local
tribunal, created by the sole act of the
United States. but exercising international
powers and Jurisdiction, might sit in
judgment upon a question so deeply af-
fecting her honor. she never would have
signed.
Legal Questions Involved.
A demurrer to the claims, interposed by
the government, brought sharply before
the commission the legal questions In
voIved. 1t was based on four PROPOSE
tons:
1. That the commission had no juris-
diction over the subject matter;
2. That the facts stated were not sum-
cient to constitute a cause OF action
3. That no liability ever existed on the
part OF Spain. and. therefore. none arose
against the United States by the pro-
vision Of the treaty OF Paris; and
4. That the claims were not within the
terms Of the treaty.
The arguments were made in December,
1901 and the opinion of the commission
was handed down by President Chandler
March 6, 1902, sustaining the contention
of the government.
The demurrers were sustained on the
ground that II there was any legal wrong
done In the blowing up of the Maine the
injury was national and not individual
the individual soldiers and sailors aboard
the vessel at the time having no primary
or original rights against Spain. There
FORE when the United States, by the
terms OF the treaty released Spain from
all national claims she released her from
all liability on account Of the blowing up
of the Maine. and that no liability then
or eyer existed in behalf of those who
suffered by that disaster as against
Spain. Consequently none now existed
against the United States. by virtue of
the treaty and organic act.