Year: 1874

THE BILLS OF MEssRs EDMUSDs, POLAND. AND


BuTLER-OBJECTIoNs URGED AGAINST EACH


PROPOSITION rO COVER THE ENTIRE AWARD INTO


THE TREASURY.


lVRoN THE REGULAR CORRESPONDENT or THE rRIBUSsI


WASHINGTON, Jan. Fifteen and a-half millions
Of dollars lying in the Treasury invested in Five per
cent bonds about eighteen million dollars OF claims
filed In the State Department and three bills pend
ing in Congress providing for tho distribution OF the
Award. but neither Of them advanced beyond pre-
limnary consideration in committees-this is the
position Of the Geneva Award question to-day. Be
side the SlsOcOOOO claimed by private parties tho
Government is, OF may be- claimant for an almost
indefinite sum for expenses incurred in chasing tho
rebel cruisers and protecting our commerce from
their depredations. Congress must determine who
is entitled participate in the award or must create
tribunal to determine the question. or authorize
some court to do and il Congress itself determines
by law what classes Of claimants shall be admitted,
it must provide some method by which the evidence
of their claims may be examined, and their cases
heard and adjudicated. Until it does so, no portion
of the award can be touched: II was invested IN
the new Five per cents received in compli-
ance with law passed last Winter when 1t was found
that there was not time enough before the end OK
the session to settle the question Of its final position
The questons growing ont of the award were AZ
that time scarcely discussed at all in either Honse,
but were very generally canvassed in the news
papers, particularly that OF the validity of th"
claims of insurance companies, which was asserted
and denied by different journals with formidable
show of argument and citations of law and prece-
dent The bills now pending differ widely a. TO the
principles to govern the distribution and the method
of making it,


The bill of Senator Edmunds creates a Court Ok
five Judges to be called the Court of Commission
ers of Alabama Claims" to be appointed by the
President. to sit IN Washington, and to hear and
determine all cases within year unless the Pres
ident prolongs the time six months. The Judges ara
to have $4,000 year salary the Clerk Of the Court
$30OO and the Reporter $4,000. The Court IL Ia re-
ceive and examine all claims admissible under tho
bill directly resulting from damage caused by tho
Alabama, Florida and their tenders and also by the
Shenandoah after her departure from Melbourne on
February Is, 1855; and to decide upon tho
amount and validity of such claims according to tho
principles of law and the merits of the several eaee
| No claim is TO be admissible for loss for which IN
surance has been received, unless the insurance did
not equal the amount of the loss, IN which case al
lowapce NAV be made for the difference No claim
for constructive damages il to be entertained or for
wages for officers and seaen for longer time than
one year after the breaking mp OF voyage. All
claims of insurance companies are barred uniess ID
be proven that during the Rebellion the sum oi 70
company's losses. in respect TO It's war risks, ex-
ceeded the sum of its premiums on such risks insneh
cases an allowance may be made for the excess Claims
on account of dsloyal persons or insurance compa-
MES not lawfully organized under the laws OF some
one of the United States, not admissible. Inter-
est at four per cent il to be allowed from the date
the loss was sustained The Court is TO certify tho


judgments to the Secretary of State who is to report
them to the Treasury and the Secretary is 10 pay %
per cent of the principal of the judgments and tho
whole of the interest allowed and retain five per
cent. If the of all the Judgments exceeds tho
amount of the award, a pro rata distribution -
to be made. Nothing is said in the blli
about the claim of the United States. aud
it is probable that the five per cent retained would
be all the Government could get under II. The prin-
clpa objections to the bill first. that it creates
an expensive tribunal to do the work: second, that
the members of the Court would, in all probability
be politicians in favor with the President. but with
no special fitness for their duties and third. that
all the claimants would have to bring their cases to
Washington where the horde of clam-agents wond
reap rich harvest at their expense.


The bill of Representative Poland of Vermont
creates no special tribunal but puts the business IN
the hands of such Circuit Court as the President
shall select The Attorney General is to flo a bill
in equity in the Court selected, in the nature OF
bill of interpeader, setting forth the amount of tho
award claimed by the Government aud the facts
and grounds of its claim. All persons or corpora
tious who have filed claims against the award IN tho
State Department are to he named as defendants,
and such persons corporations as shall appear and
make claims within six months after the filing of
the bill shall also be defendants Tho claims of
all persons who do not enter an appearance
within six months arc 10 be forever barred.
Claimants may file evidence in opposition to tho
claim of the United States II any claim exceeding
IS 900 is dIsalowed. claimant may appeal TO tho
Supreme Court and II any such claim is dsallowcd
the United States may appeal, or if a claim s
allowed to the United States in excess OF sneh sum,
anv claimant may in like manner appeal The
so appealed are TO take precedence OF all Other
causes in the Supreme Court. The claims allowed
the United States are to have priority and be first
paid. The other claims are to be pail in full within
six months with five per cent interest from the daio
of the rendering of final judgment, IN case there ~
money enough left Of the award; If hot, then q
pro rata distribution is to be made. The objections
to Judge Poland's bill chiefly from the claim
ants who say that under 1t the Government would
be pretty certain TO get the hons snare OF the
award Itis further objected that the court mlfha
allow the claims of the insurance companies under
what is called the law Of snbrogatIon, in which case
the pro rata share of other claimants would be- verv
small Perhaps the p ost valid objection is that 10


yould be putting too much power in the hands OF %
single jndge allow him to decide what classes oe
claims were admissible, in addition TO deciding upon
the validity of the evidence presented in support Il
the admitted claims.


Gen. Buffers bill proceeds upon entirely different
principle. 1t first lays down quite exph tly the law
that is to govern the admission and rejection of