NOTE RE BRIEFS OF LAW

The arguments of both Governments in this case were much the same, though not so extensive, as in the next claim, which was filed on behalf of one Vásquez Díaz (Docket Registry No. 19).

The Republic of Panama files this claim in the sum of $125.00 without interest on behalf of José Azael Ruiz versus the United States of America, for loss and damage which the claimant alleges he suffered at the hands of sailors of the American Navy, on a plantation belonging to him, located on Saboga Island, Archipelago of Las Perlas, Republic of Panama..

The Panaman nationality of the claimant is established. The facts on which this claim is based happened between the signing and the exchange of ratifications of the convention of July 28, 1926. On the grounds stated in the case of Walter E. Noyes (Registry No. 5) the Commission holds that it has jurisdiction to decide the claim.

In the month of March, 1931, several units of the American Navy held maneuvers in the Archipelago of Las Perlas. Some of the sailors of that fleet landed on Saboga Island and trespassed upon the claimant's property and ate ripe fruit which he had intended to harvest and market. The resultant loss and damage are established by the testimony of witnesses and by a certificate issued by the municipal authority of the island.

This is a case analogous to that of José María Vásquez Díaz (Registry No. 19) in which the Commission has decided that the United States is liable.

DECISION

The United States of America is obligated to pay to the Republic of Panama, on behalf of José Azael Ruiz, the sum of fifty dollars ($50.00) without interest.

Done in Washington, D.C., this 28th day of June, 1933. D. W. VAN HEECKEREN

Presiding Commissioner ELIHU ROOT, Jr.

Commissioner

H. F. ALFARO

Commissioner

COMMENT

See the Comment in the claim of J. M. Vásquez Díaz,

post, p. 652.

CLAIM

on behalf of

VÁSQUEZ DÍAZ

assignee of

PABLO ELÍAS VELASQUEZ

DOCKET REGISTRY NO. 19

Syllabus

The United States was held liable "under international law" for the acts of sailors, on shore leave from American naval vessels, in appropriating cocoanuts from a private plantation in Panamanian territory.

SUMMARY OF FACTS

Pablo Elías Velásquez, was the lessee of a coconut plantation on the Island of Casaya, Las Perlas Archipelago. It was alleged by Panama that in February 1931 an unspecified number of seamen, from unspecified American naval vessels, landed on the island for a short shore leave; that these sailors destroyed cocoanuts from approximately 150 palms, with an alleged value of $270, in order to drink their contents; and that, for this purpose, they did not have the consent of the owner or lessee of the plantation. It was contended that the Government of the United States was responsible for these alleged depredations by sailors of the United States Navy.

The United States contended that in the absence of evidence showing the exact date of the alleged acts, the

number of men, or the names of the vessels concerned, the Government of Panama had not sustained the burden of proving its case, and had rendered it impossible for the United States to prepare an adequate defense. Although the alleged depredations were said to have taken place in February 1931, no complaint had previously been made and when the claim was submitted none of the three witnesses on whose evidence it was based pretended to be an eyewitness to the alleged occurrences. It also appeared that the claimant's assignor had rented both the Islands of Casaya and Bolaños for two years for a total rental of $100, or about one sixth, per year, of the amount of the claim.

The United States contended that, since no complaint had been made until 18 months after the alleged occurrences, it had become practically impossible for the American naval authorities to make any real investigation and that, moreover, there was no responsibility on the part of the United States for the acts of sailors of the kind complained of while they were on leave, even if such facts had been established by competent evidence.

EXTRACTS FROM BRIEF OF PANAMA

BASES OF LAW

The Agent of the United States objects that the bases of law advanced in this claim consist of local legislation and the Habana convention which has not been ratified by the American Congress; that no principle of international law has been advanced from which the responsibility of the Government of the United States could be deduced for the legal acts of crews of its naval vessels.

It is true that the claim was based upon clear and pertinent provisions of the Panamanian Civil Code which govern the acts under consideration and which read thus: