, HOUSE OF REPRESENTATIVES.

CONGRESS,

FRIAR CLAIMS IN THE PHILIPPINE ISLANDS.

JANUARY 27, 1909.-Committed to the Committee of the Whole House and ordered to be printed.

Mr. COOPER, of Wisconsin, from the Committee on Insular Affairs, submitted the following

REPORT.

[To accompany H. R. 26228.]

The Committee on Insular Affairs, to whom was referred the bill (H. R. 26228) to provide for the payment of the claims of the Augustinians, the Dominicans, the Recoletos, and the Franciscans, religious orders of the Roman Catholic Church in the Philippine Islands, after full hearings and careful consideration, beg leave to submit the following report, and recommend that said bill do pass with the following amendments:

In lines 4 and 5, page 1, of the bill strike out the words "eighty thousand two hundred and forty-three dollars" and insert in lieu thereof the words "forty-nine thousand three hundred and seventytwo dollars and fifty cents."

In lines 9, 10, and 11, page 1, of the bill strike out the words "forty-three thousand nine hundred and twenty-two dollars and fifty cents" and insert in lieu thereof the words "twenty-eight thousand and seventy-five dollars."

In lines 11 and 12, page 1, of the bill strike out the words "sixteen thousand six hundred and sixty-six " and insert in lieu thereof the words "eleven thousand two hundred and eighty-five."

In line 12, page 1, and line 1, page 2, of the bill strike out the words "thirteen thousand and twenty-four dollars and fifty cents" and insert in lieu thereof the words "seven thousand two hundred and fifty-two dollars and fifty cents."

In lines 1 and 2, page 2, of the bill strike out the words "six thousand six hundred and thirty" and insert in lieu thereof the words "two thousand seven hundred and sixty;" so that said bill when amended will read as follows:

A BILL To provide for payment of the claims of the Augustinians, the Dominicans, the Recoletos, and the Franciscans, religious orders of the Roman Catholic Church in the Philippine Islands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby appropriated,

out of any moneys in the Treasury not otherwise appropriated, the sum of forty-nine thousand three hundred and seventy-two dollars and fifty cents, to be paid by the Secretary of War to the properly accredited representatives of the following-named four religious orders of the Roman Catholic Church in the Philippine Islands according to the amounts set forth: The Augustinians, twenty-eight thousand and seventy-five dollars; the Dominicans, eleven thousand two hundred and eighty-five dollars; the Recoletos, seven thousand two hundred and fifty-two dollars and fifty cents; and the Franciscans, two thousand seven hundred and sixty dollars; and that the acceptance by the properly accredited representatives of said respective religious orders of the separate amounts above specified shall be in full satisfaction of all claims for use and occupation of the property of said respective religious orders in said islands, and for damages done thereto by the military forces of the United States prior to the date, to wit, January twenty-fourth, nineteen hundred and six, of the official report of the "Board on Church Claims," which said board, composed of John A. Hull, lieutenant-colonel, judge-advocate; Alexander O. Brodie, lieutenant-colonel, military secretary; and J. W. Moore, first lieutenant, Second Cavalry, was duly convened, August first, nineteen hundred and five, at headquarters Philippine Division, in the city of Manila, in said islands, to consider and report upon said claims.

The amount of the claims of the religious orders, the Augustinians, the Dominicans, the Recoletos, and the Franciscans, in the Philippines, against the United States was $649,544.59, as originally presented to the Board on Church Claims. The claims demanded compensation for occupancy of and damages to property, not only by the forces of the United States, but also by Spanish prisoners of war.

The Board on Church Claims was appointed under a special order of the War Department for the sole purpose of making an investigation and report on these claims and others of a similar character presented by the Catholic Church proper. This report and the accompanying bill relate solely to the claims of the religious orders above mentioned, the claims of the Catholic Church proper having been paid in full under the provisions of a bill passed by Congress at its last session.

The board, composed of Lieut. Col. John A. Hull, judge-advocate; Lieut. Col. Alexander O. Brodie, military secretary; and First Lieut. J. W. Moore, Second Infantry, U. S. Army, was duly convened on August 1, 1905, at headquarters, Philippine division, city of Manila, and at once entered upon what proved to be an exhaustive investigation, conducted under rigid rules and instructions prescribed therefor by the Secretary of War, and lasting for the better part of six months. The following is a copy of the report of the board on the claims mentioned in the accompanying bill, together with certain documents relating thereto :

Report of board on church claims relative to claims of the friars in the Philippine Islands, together with accompanying papers.

WAR DEPARTMENT, Washington, December 21, 1908.

SIR: I have the honor to invite your attention to department letter addressed to you on February 20, 1907, transmitting the claims of certain religious orders in the Philippine Islands for rent and damages to their property due to the occupation by troops during the period of hostilities in the islands, which claims, amounting to $694,544.50, were investigated by a board of officers convened for the purpose, who recommended reimbursement to the extent of $80,243.

The claims referred to are commonly known as the "Friar claims" and are differentiated from the claims of the Roman Catholic Church proper, which latter claims, upon the recommendation of your committee, as set forth in House Report 696, Sixtieth Congress, first session, were appropriated for at the last session in the sum of $403,030.19.

As the claims now under consideration are reasonable and just and have been carefully investigated and reported upon by the board of officers above mentioned and the Judge-Advocate-General of the Army, I beg to commend them to the favorable consideration of your committee and to ask that an appropriation be recommended in the sum of $80,243 in full settlement thereof.

The reports of the board and of the Judge-Advocate-General in these cases, which were temporarily withdrawn at a recent date from the files of your committee, are returned herewith.

Very respectfully,

The CHAIRMAN COMMITTEE ON INSULAR AFFAIRS,

LUKE E. WRIGHT,
Secretary of War.

House of Representatives.

Proceedings of a board of officers convened at Manila, P. I., pursuant to the following orders:

SPECIAL ORders,

HEADQUARTERS PHILIPPINES DIVISION,

No. 175.

[Extract.]

Manila, P. I., July 31, 1905.

3. In compliance with instructions of the Secretary of War, dated June 12, 1905, a board of officers to be known as the "Board on Church Claims" is hereby convened to meet at these headquarters at 9 o'clock a. m., August 1, 1905, to investigate and report upon such claims as may be submitted to it from these headquarters.

Detail for the board: Lieut. Col. John A. Hull, judge-advocate; Lieut. Col. Alexander O. Brodie, military secretary; Maj. William W. Gibson, General Staff. The board in the performance of the duties imposed on it will be governed by instructions from these headquarters.

9. First Lieut. John W. Moore, Second Cavalry, is detailed as a member of the board of officers appointed by paragraph 3, Special Orders, No. 175, current series, these headquarters, known as the "Board on Church Claims," vice Maj. William W. Gibson, General Staff, hereby relieved.

While on this duty Lieutenant Moore's station will be Manila. The travel enjoined is necessary for the public service.

The board met this day pursuant to an adjourned meeting. Present, Lieut. Col. J. A. Hull, judge-advocate; Lieut. Col. Alexander O. Brodie, military secretary: First Lieut. J. W. Moore, Second Cavalry.

The board then proceeded to consider the claims presented by Hartigan, Marple, Rhode, and Gutierrez, attorneys, Manila, P. I.

Claim No. 1.-Rent and damages church, old convent, and new convent, Manila, P. I., amounting to $15,000.

(a) Rent and damages church and old convent.-These are the oldest buildings in the islands, having been erected about the year 1609. They were occupied as barracks by Spanish prisoners of war from August 14, 1898, to March 13, 1899. Virtually all the church and convent was occupied, although the friars lived in the convent.

It was very difficult to estimate a fair rental. monthly rental of $250.

Major Fremont placed a

The board personally examined these buildings and believe that the monthly rental should be $600.

The itemized damages, amounting to $2,868, set forth in Major Fremont's report, as claimed by the church, can not be investigated further than by the testimony of the priests, who state this damage was suffered and that the estimate was reasonable. Some items are the natural wear and tear incident to the occupancy of buildings by large numbers of men, while the larger portion is vandalism and waste committed by the Spanish prisoners. It is known that the Spanish prisoners did not take ordinary care to prevent damage, and the board has heard nothing that causes it to doubt the truth of the testimony of the priests relative thereto.

If rent under all the facts is to be paid, we recommend the sum of $4,200, being for a period of seven months at $600 per month. If wear and tear is to be paid, the sum of $1,050; and in case wanton damage by Spanish troops be paid for, the sum of $1,818.

(b) New convent, Manila.-This is a fine large building across the street from the old convent. Before its completion it was used by the Spanish military authorities during the insurrection of 1896 and was surrendered without any compensation being made. The building was then completed by the church authorities, but immediately upon completion and before occupation by the church the building was again entered by the Spaniards, this time as prisoners of war. The second story was occupied by officers, as office quarters and barracks, while the lower story was used as barracks, storerooms, and an issuing place for quartermaster stores. The entire building was so occupied until April 1, 1899, when the upper story was vacated.

Spain had in Manila, after the war, three commissions carrying out the treaty of Paris-civil, naval, and military-all leaving the latter portion of 1900. No claim for occupancy of the first two has ever been presented to this Government. The latter occupied as a central office the public building now being used as an Army and Navy Club.

This commission was, among others, charged with the receiving of Spanish soldiers captured from the insurgents, housing, feeding, and clothing them pending their transportation to Spain. In order to expedite the work they retained control of the lower portion of this convent, but so far as known to this board no American authority knew what arrangements had been made or that such use of the building would be made the basis of a claim against the United States. This use, with the exception of ten days, was after the treaty of Paris was in force and extended until June 1, 1900.

The board, after personal investigation of the building, estimates that an equitable monthly rental would be $475 for the entire building and $250 for the lower story.

If any rent be paid for this convent we recommend the sum of $3,662.50, being rental for seven and one-half months, at $475 per month; that if it be deemed that the United States should pay for the second portion, that the sum of $3,500 be paid, being rental for fourteen months, at $250 per month.

The damages claimed-$1,667-seems to be reasonable and such as were liable to have taken place and are substantiated by the evidence of the priests. From the nature of the claims it is impossible to verify these allegations in case it would be necessary to do so. The board therefore recommends that in case damages are paid that the sum of $1,667 be allowed.

Claim No. 2.-Rent and damages, college, Iloilo, amounting to $62,000. This is a large building, situated in Iloilo, built for a college, but was never occupied as such. It was occupied by Spanish troops early in May, 1898, to December 24, 1898, then by insurgent troops to February 11, 1899, and from February 12, 1899, to October 27, 1902, by United States forces as barracks for from three companies to more than a regiment and for quarters for the officers therewith.

This claim was very fully and carefully investigated by a board of officers at Iloilo in 1903, and their recommendations are concurred in by the board.

The board therefore recommends the sum of $21,250, being forty-two and onehalf months' rental, at $500 per month from April 11, 1899, to October 27, 1902.

If rent should be paid from February 12 to April 11, 1899, we recommend the sum of $1,000 be allowed.

Claim No. 3.-Destruction of church and convent at Guadalupe, Rizal, amounting to $238,000.

The Augustine Fathers had as a rest house on the banks of the Pasig River a short distance from Manila a large and magnificent convent of solid masonry construction. This building was started in the early part of the seventeenth century, and was joined by a medium-sized modern church. The convent was also in possession of a fine library.

The log book of the Laguna de Bay, under date of Friday, February 17, 1899, 8.20 p. m., states:

"It was ordered by General King (Brig. Gen. Charles King, U. S. Volunteers, brigade commander at San Pedro Macati) in case the force investing Guadalupe was strongly attacked to fall back to San Pedro and blow up the building."

These orders were issued shortly after the insurrection had broken out and at a time that preparations were being made to resist the burning of Manila, which attempt was made February 22.

The log book further shows, under date of February 19, 1899:

"It was deemed best to withdraw our troops from Guadalupe, although no strong force of insurgents had advanced, and the troops abandoned and fired the convent 5.30 a. m. A continual fire from insurgent sharpshooters; their fire was returned by occasional fire from the rifles, gatlings, and 3-inch guns. Shells were thrown into the convent to explode the nitroglycerin, unsuccessfully.”

These orders were doubtless issued by General King, and were carried out by a company of California volunteers. They were evidently issued as a military necessity, and there is no evidence of bad faith on the part of the military commander. It is impracticable for this or any other board, at this late date, in such a proceeding as this to go into the question as to whether the action of the officer was proper or not. We do not know on what information he acted nor what trouble he was anticipating.

In the light of subsequent events it is easy to say that the destruction of the buildings and contents was a thing to be regretted, but even this does not create a liability on the part of the United States.

If anything should be paid for this destruction, we would recommend that the sum of $220,000 be appropriated; but as the damage was caused as an incident of warfare, we recommend that the same precedents and reasons that heretofore have caused the denial of such claims be followed.

Claim No. 4.-Industrial School, Malabon, Rizal, amounting to $109,350. According to the statements of attorneys for claimant, this property was destroyed by the insurgents about March 15, 1899.

The board has therefore not investigated or considered this claim, as there is no liability on the part of the United States for damages so caused.

Claim No. 5.-Rent and damages, church and convent, Santo Domingo, Manila, amounting to $12,907.74.

The buildings referred to in this claim are large and commodious and in good state of preservation. They were occupied as barracks by Spanish prisoners of war from August 13, 1898, to February 5, 1899, a period of three months and twenty-three days, nearly all the space in the buildings being occupied, and housing had at times for about 3,000 men.

From personal inspection of the buildings by the board, examination of the report of Capt. F. P. Fremont, U. S. Army, and evidence taken by a previous board of officers, the present board is of the opinion that, should it be considered by the proper authorities that the United States is indebted to the Dominican order in any sum for the use of the buildings referred to, the sum of $2,881 United States currency would be ample as rental; and as compensation for damages resultant from occupation, the board would recommend as commensurate the sum of $2,500 United States currency, deeming the estimate of the architect as most exorbitant and unreasonable.

Claim No. 6.-Cavite, Cavite, amounting to $13,650.

This is a claim made by the order of Santo Domingo for rental of and damages to church and convento at Cavite, Cavite Province, Luzon, P. I., the property of this order, and which is claimed as consequent upon the occupation of the same by American troops from February to August, 1899.

Two boards of officers have already had this claim presented to them for consideration, and in one instance had reached a finding. Same claim has also been reported upon by Capt. H. H. Tebbetts, U. S. Army, who was detailed for the purpose of making an investigation. Taking all facts into consideration