Office of the Historian

File No. 2784/1.

Minister Morgan to the Secretary of State.

American Legation,
Habana, November 26, 1906.
No. 279.]

Sir: I have the honor to inclose, in duplicate, an extract from the Official Gazette of the 23d instant, which contained decree No. 158 of the provisional governor, relative to the collection of evidence and the settlement of claims arising against the Government of Cuba by reason of the recent insurrection in this island.

Although the personnel of the claims commission has not been announced, it is understood that it will be composed of two officers of the army of pacification and one judge of the audiencia of Habana. The American members will probably be Maj. Francis J. Kernan and Capt. George W. Read, of the general staff, and the Cuban official judge, Manuel Landa y Gonzalez.

I have, etc.,

Edwin V. Morgan.
[Page 299]

[Inclosure.]

Havana, November 22, 1906.
Decree No. 158.]
I.
To facilitate the collection of evidence and the settlement of claims which have been presented, or may hereafter be presented against the Government of Cuba, and which have arisen by reason of the recent insurrection, a claims commission is hereby established by decree to consist of three members, to be appointed by the provisional governor.
II.
All claims will be transmitted, in the form hereinafter prescribed, to the department of state and justice, and will be entertained by the commission upon reference thereto by that department.
III.
The functions of the commission are to investigate and report upon such claims as shall be properly submitted to it and to make such recommendations as may seem appropriate in each case; but its conclusions are merely advisory, and in every case final action both as to liability and indemnity, if any, is reserved for higher authority. The commission will report as to each claim and its recommendations thereon to the department of justice, for approval or modification as the law and evidence may require. A claimant being dissatisfied with the final action of the department of justice on his claim may appeal from said action to the provisional governor by filing in the department of justice a written request for such appeal within forty days after the action of the department of justice is had.
IV.
The commission will hold its sittings ordinarily at the department of state and justice, in Habana, but when duly authorized by the provisional governor the commission, or its individual members, may proceed to other points in the Republic for the purpose of investigation.
V.
All the authorized expenses of the commission, including the necessary office furniture and other supplies, are declared to appertain to the department of justice and will be defrayed out of the appropriations assigned in the budget to the judicial power (Chap. IV, Art. I), except transportation, which shall be a charge against the appropriation in section 4, treasury department, Chapter XI, Article I, on vouchers certified by the president of the commission, or by order of the other members of the commission in case of his absence or inability to act.
VI.
The commission is authorized to employ an expert stenographer, who shall also be an expert translator of Spanish into English, and a clerk, at a monthly rate in each case, to be approved in advance by the provisional governor. No other pay, allowance, or emolument shall be allowed them, except their actual traveling and other necessary expenses when absent from Habana on duty by proper authority.
VII.
The president of the commission shall call meetings of the commission and preside at the same, issue subpoenas in its name, and certify its expense vouchers. The member of the commission to act as president shall be designated by the provisional governor; also the recorder, to be responsible for the records and property pertaining to the commission.
VIII.
Two members shall constitute a quorum for the transaction of business, but should a difference of opinion arise when only two are present, the matter will be left in abeyance until it can be decided by a majority of all the members.
IX.
In arriving at conclusions, opinions, and recommendations, the action of the majority will be the action of the commission, but in all cases the right of the other member to express his views and the reasons therefor is fully recognized, and his minority report will be transmitted to the provisional governor, along with the report of the majority, for information.
X.
The commission, and each of its members, shall have power to administer oaths, affirmations, and declarations in all matters pertaining to the duties assigned to it, and every person knowingly and wilfully swearing or affirming falsely in any proceedings before the commission shall be deemed guilty of perjury, and shall be tried and punished as now prescribed by the laws of Cuba for that offense when committed in its courts of justice.
XI.
The commission may compel the production of books and papers, or copies thereof, relating to any matter before it, and cause witnesses to be subpoenaed, and if a person duly subpoenaed fails to obey the subpoena without reasonable cause, or shall, without such cause, refuse to be examined or to answer a legal or pertinent question, or to produce a book or paper which he is directed by subpoena to bring, or to subscribe his deposition after it has been correctly reduced to writing, the commission may remit the matter to the proper [Page 300] court to proceed against such witness, as in the case of a like failure or refusal of a witness subpoenaed to attend a trial before said court, as provided by existing law.
XII.
All subpoenas shall be issued by the president of the commission, or by any two members thereof, and may be served by any person of full age authorized by the commission to serve the same. The fees of witnesses examined on the initiative of the commission shall be $2 American currency for each day’s attendance and for each day or fraction thereof consumed in traveling to and from the place of attendance, and the actual cost of travel by the shortest generally traveled route in going to and returning from the place where the attendance of the witness is required.
XIII.
In the case of any witness desired by the commission on its own initiative, but who is too poor to pay his own expenses, the commission may guarantee to any innkeeper the per diem allowance above authorized, and may direct the payment thereof to such guaranty.
XIV.
The commission is empowered to make all necessary or convenient and proper rules and regulations of practice and procedure for the transaction of its business, subject to the approval of the provisional governor.
XV.
Each claimant should file a petition in duplicate, properly dated and signed and duly verified upon oath or affirmation, setting forth:
(a)
The age, place of birth, present residence, post-office address, and occupation of the petitioner, and his residence, nationality, and occupation at the time his claim had its origin.
(b)
The amount of the claim, the time when and place where it arose, the kind or kinds and amount of property seized, lost, destroyed, or injured, with the amount claimed for each article of property, the facts and circumstances attending the loss or injury out of which the claim arises, the principles and causes which lie at the foundation of the claim and from which the liability of the Republic of Cuba is sought to be deduced.
(c)
For and in behalf of whom the claim is preferred, giving Christian and surname in full.
(d)
Whether the claimant at the time the claim originated and the time of presenting his petition was the sole and absolute owner of the entire amount of the claim; and if any person is or has been interested therein, or in any part thereof, then the name and address of such other person and the nature and extent of his interest; and how, when, and by what means, and for what consideration the transfer of rights or interests, if any such were made, took place between the parties.
(e)
Whether the claimant, his representative, or any person interested in the amount of the claim, or any part thereof, has ever received any indemnification, for the whole or any part of the alleged loss or injury; and if so, the nature and amount of the indemnification, and when, from whom, and by whom the same was received.
(f)
Documentary evidence must be duly authenticated by proper certificate, seals, or the oath of a witness.
XVI.
All petitions, papers, and documents filed should be, if practicable, in the English language or accompanied by a good English translation of the same, duly verified. If this is not practicable, then the said petition, paper, or document must be submitted in the Spanish language.
XVII.
If property of any description for the seizure, loss, or destruction of which a claim has been presented, was insured at the time of said seizure, loss, or destruction, the original policy of insurance, or, in case the original can not be procured with due diligence, a certified copy thereof, should be produced.
XVIII.
If the claimant shall have employed counsel, the name of such counsel should, with his address, be signed to the petition, so that all necessary notice may be addressed to such counsel or agent respecting the case.
XIX.
Claimants are required to conform as nearly as possible to the foregoing rules in preparing and forwarding their claims and papers accompanying the same.
XX.
All claims comprised within the term of this decree must be submitted, as prescribed herein, within four months next following October 15, 1906, after which period the power of the commission to entertain new claims shall lapse. Provided, however, that if it shall be made to appear to the satisfaction of the provisional governor that the claimant had good reason for not presenting the claim earlier, it may, under his order, be received within a further consecutive period of three months.
XXI.
Alien claimants are authorized to avail themselves of the provisions of this decree in respect of the class of claims specified herein; or they may submit such claims through diplomatic channels, complying with the requirements of international law applicable in such cases in respect of approval of such claims by their respective governments.
Charles E. Magoon,
Provisional Governor.

Pedro F. Diago,
Acting Head of the Department of Justice.