Restitution or compensation is the rule in all cases where repairs are practicable, but if the vessel of the libellants is totally lost, the rule of damage is the market value of the vessel (if the vessel is of a class which has such value) at the time of her destruction.

Allowance for freight is made in such a case, reckoning the gross freight less the charges which would necessarily have been incurred in earning the same, and which were saved to the owner by the accident, together with interest on the same from the date of the probable termination of voyage.

It is not indeed believed that any authority can be found, either international or domestic, which would deny to a shipowner injured by the unlawful breaking up of a voyage, his lawful freight for that voyage, or to the owner of either vessel or cargo, recovery for the premium of insurance paid on the property for the voyage.

AMOUNT OF REMAINING CLAIMS

The next omnibus claims bill, whenever passed, will undoubtedly make provision for the payment of the amount of these claims now pending before Congress, which we have seen to be $945,157.51.

Only a very small amount of claims still remain pending before the Court of Claims in comparison with those already adjudicated. The contemporary estimate of the amount of these claims shows that the actual value of property captured and destroyed by the French during the period covered by these claims far exceeds all allowances made, and to be made, by the Court of Claims under the Act of 1885.

A report of Timothy Pickering, Secretary of State, dated January 18, 1799 refers to

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Those unjust and cruel depredations on American commerce, which have brought distress on multitudes, and ruin on many of our citizens; and occasioned a total loss of property to the United States, of probably more than twenty millions of dollars; besides subjecting our fellow citizens to insults, stripes, wounds, torture, and imprisonment.

This estimate of twenty millions of dollars as the amount of the claims, was made long before the end of the period covered by the French spoliation claims, September 30, 1800.

The figures given above show that less than four million dollars have been appropriated by Congress for the payment of the awards of the 50 S. Doc. No. 102, 19th Cong., 1st Sess., 430.

Court of Claims, and that there are now pending before Congress for payment awards of the same character as those already appropriated for, amounting to less than one million dollars. When these awards are provided for in the next omnibus claims bill or other appropriation made by Congress, there will have been appropriated by Congress less than five million dollars, or about one-fourth of the amount estimated as the total of these claims at a date long before the French spoliations on American commerce had ceased.

These figures are very significant as showing the stringent character of the rulings of the Court of Claims in exclusion of claims, not only as to the classes of claims allowable under the terms of the French Spoliation Act, but also as to the character of evidence by which claims, legally admissible, can be supported. The government has been a great gainer by the lapse of time. Many claims, which could have been proved by ample evidence within a few years from the date of the occurrence, when witnesses were living and accessible, can now never be established. As there remain comparatively few claims to be proved up and established before the Court of Claims, it is safe to assert that the ultimate total liability of the United States in these cases will be far below six million dollars.

GEORGE A. KING

THE NINTH INTERNATIONAL RED CROSS CONFERENCE

The Ninth International Red Cross Conference met at Washington on the 7th of May, 1912. During the ten days that the conference sat (7th17th), very much work was accomplished; at the same time the foreign delegates were given an excellent opportunity of seeing the beautiful American capital and of enjoying the renowned American hospitality; every evening was given up to some entertainment and many of the afternoons also. Conspicuous by its charm and beauty was the reception of the President and Mrs. Taft on the lawn of the White House. The social events culminated in a large banquet given on the 16th by the American Red Cross. Next day the delegates took leave of their hospitable hosts.

Unfortunately, the President was unable to open the conference in person, as had been previously planned, on account of the political campaign just then running at its height. It was Senator Elihu Root who opened the conference and delivered a speech of welcome in which he reviewed the great aims of the Red Cross.

The conference voted thirteen resolutions, some of which are of farreaching importance.

The first resolution dealt with the character of Red Cross supplies and was proposed by Dr. Farkas of Hungary. He emphasized especially the advisability of using extremely simple materials in all Red Cross work and of having a sufficient supply prepared in advance and always easily available.

Next came the question of dealing with the magnificent donation of the Empress of Japan. Her Majesty gave to the Red Cross 100,000 yen ($50,000) for the encouragement of Red Cross work in times of peace. The conference decided to give the foundation the name of Her Majesty in order to commemorate this gracious act. The capital is left until 1917 to the care of the Japanese Society of the Red Cross, which is also to work out the statutes for the future administration of the fund. The International Committee of Geneva will in due time consult the

different central committees of the Red Cross as to the best ways of making use of this capital, which question will be finally settled by the tenth conference in 1917.

In this connection, one must note that lately the peace work of the Red Cross has taken very broad forms. All over the world it helps the poor and the destitute; in times of calamities agents of the Red Cross are always among the first to render aid to the sufferers; everyone knows of the splendid work accomplished at Messina, and San Francisco, and during the inundations of Paris. Then also the Red Cross has done very much in helping the people in cases of epidemics and is fighting successfully such scourges of humanity as tuberculosis. Thus, very great help has been brought to suffering humanity by the work of the Red Cross. At the same time this work during times of peace is a splendid school for the Red Cross, keeping its organization in active running order and giving it practical experience that is of incalculable value in case of war. Only by thus working during times of peace can the Red Cross prepare itself and make itself efficient for its great object, the relief of the wounded in times of war. The work of the Red Cross in times of peace consequently attains simultaneously two aims. The head of the French delegation, General Michal, gave a very good example of the case by saying that if the Red Cross should not work during times of peace preparing itself for the work in time of war, it would be like a fire engine never tried before a fire, so that when a fire really broke out and the engine was needed, it would be found that the machinery was rusted and the engine would not work.

Following the proposal of the Servian Red Cross, the conference adopted a resolution asking the governments to provide legal guaranties for the existing rights and privileges of the Red Cross and grant it Red Cross as well some new privileges, as, for example, freedom of custom duties, exemption of taxes, free postage, etc.

A vote of thanks was passed by the conference addressed to all the governments which introduced into their respective parliaments projects of laws guaranteeing the Red Cross from abuses of its name and insignia. The question was raised at the conference of London of 1907, where the different central committees of the Red Cross were asked to report on the measures taken by their governments for the protection of

the Red Cross. The committees sent a number of such reports to the conference at Washington, which show that the great majority of governments are taking active interest in the matter. Many countries have already quite efficient legislation on the question, whereas others have introduced such legislation for the consideration of their parliaments, the latter having not yet had time to pass the required measures. It is most encouraging to see how much is done nowadays for the protection of the Red Cross and to see how greatly the governments are interested in its work, which also proves that the governments have great confidence in the Red Cross and in its efficiency.

At the instigation of the American Red Cross, the conference adopted a special resolution dealing with the activity of unauthorized societies which make use of the insignia and name of the Red Cross. The conference had in view an "International Order of the Red Cross," which worked without any authorization from the Red Cross Central Committee or the American Government, whereas according to the Convention of Geneva only such societies can be recognized by the Red Cross as are officially recognized by their respective governments. This is an important decision of the conference, as much harm can be done by such unauthorized societies to the work as well as to the renommé of the Red Cross. The unauthorized associations not being under the general control of the Red Cross or of the governments, cannot be made responsible for their acts infringing the interests of the Red Cross, and certainly will never be allowed by the governments to take any part in relief work in times of war. Unfortunately, one can cite many examples of such harm having been done to the Red Cross by unauthorized societies.

The conference further passed a resolution concerning aid given to the soldiers in times of peace. This question was raised by the International Committee of Geneva, which had in view rendering medical aid to sick soldiers in such a way as to create a method of coöperation between military and civil medical authorities.

Further, according to the proposal of the French Red Cross, the conference agreed on a resolution concerning prisoners of war. The French Red Cross asked for the institution of a special committee which should be given charge of the work of collecting all the gifts and all that is sent