| Show VENEZUELA MST m CLAIMS umpire fixes her liability for twice paid taxes and other matters washington july 31 jackson H ralston ot this city has just signed his final award aa umpire of the italian venezuelan and this completes the labors of all the recent venezuelan mixed commissions about and sixty claims aggregating six million dollars were filed with the italian commission there boing many more italian claimants than any other nationality and the aggregate awards were about six hundred thousand dollars many questions of doubtful citizenship camo before the commission and the umpire held in all cases of difference between venezuela and italian laws that the law of domicile of the claimant after tho almo of birth should control tho largest claim presented was hat of the ceroala heirs for over ahree million dollars the original claimant was born in sicily but passed a largo part of his lle in venezuela going abroad at different periods in various capacities for that country the umpire held that according to the law of his native land he had forfeited his original citizenship by his diplomatic employment and his heirs therefore could not bo heard before the italian another caso of importance was that of the martini company who held a concession for coal mines and railroads from gianta guanta to barcelona the company claimed ono million eight hundred thousand dollars because of interference with business by the paper blockade and closure of tho port of quanta etc the umpire held that under the terms of tho concession the port should have remained open and that the paper blockade or blockade by proclamation only wag illegal and that venezuela was liable for damages directly resultant granting the company ninety five thousand dollars A claim of faix hundred thousand dollars was presented by the who had been merchants in the state of louandes Lo sandes the claimed they had been assaulted that their assailants by connivance of the authorities ori ties had escaped punishment and that their extensive properties bad been destroyed through ho joint action of the authorities and private individuals divi duals none of the parties engaged in such destruction being punished and personal protection being practically refused the umpire held that under the circumstances of the case venezuela was legally liable tor the wrong doing of her officials and granted an award of several cases of expulsion from venezuela came before the coar Js slon the umpire recognized the governmental ern mental right of expulsion but toun dt in particular instances that it had exercised in disregard of the law and granted damages for the unlawful killing of two italians by or in the presence and with the sanction of government officials awards of and were given the question most debated before the commission was as to the responsibility lity of venezuela for the acts ol 01 the unsuccessful revolutionists tho umpire following many precedents held in a number of cases that such did not exist in cases where the concession had provided that all questions of interpretation and execution should be referred to the venezuelan courts tor settlement and never should be made a subject of international claim the umpire held that an individual claimant could not contract away the right of his government diplomatically to present a claim and that the commission had in several cases venezuela had collected a second time taxes once paid to a de facto revolutionary lutio nary government which by the umpires opinion such second pay ment waa held illegal and refund was ordered interest st the rate of three per cent per annum the legal rate in venezuela in the absence of contract wag allowed on claims from the date of presentation to the venezuelan government or the commission january first 1904 washington july 31 not a little Is evidenced here over the news from Wll emstad the general impression has been that president castro was meeting the demands of the protocol signed by dr bowen germany italy and great britain according to the hague tribunal were to have preferential treatment in the payment of their claims against venezuela after which tho non blockading powers were to be paid all the payments were to bo made out of thirty per cent of the customs receipts of the ports of la gudyra guayra and porto ca ballo which were to bo set aside for that purpose there has been a feeling of dissatisfaction among some of the members of the diplomatic corps at caracas over various acts of president castro and some have intimated that a full thirty per cent of the receipts at tha ports named was not set aside tor the payment of the claims as provided for in the protocol athla may have a bearing on the action which la said to havo been taken by tho german minister at the same time provision also was made that it venezuela failed to keep tho terms of the protocol the british government was to tako charge of the customs at the ports nan ed and administer them until the claims of the powers were settled along the lines agreed on this tho officials think should remove the necessity for any arbitrary action by the powers signatory to the protocol |
