Edward Douglass White

“ Ceballos & Company also contended that, for the carriage of other noncombatants, who were entitled to be considered prisoners of war, the cabin rate applied, whereas the government contended that all noncombatants were embraced within the category of 'other persons,' who, under the contract, were to be carried in the steerage and paid for at the steerage rate. ”

“ Spain will, upon the signature of the present treaty, release all prisoners of war, and all persons detained or imprisoned for political offenses in connection with the insurrection in Cuba and the Philippines and the war with the United States. ”

“ We are unable to yield our assent to the contention that other noncombatants than the wives and children of officers, enlisted men, and officials of the government of Spain, should be embraced in the class entitled as of right to cabin accommodations, for which appellants were entitled to be compensated at cabin rates. ”

“ Cabin accommodations are to be supplied for the officers and third-class or steerage accommodations, having suitable galley accommodations, conforming to the United States requirements as to space and ventilation, for the enlisted men. ”

“ It exacted from Ceballos & Company a stipulation that it should provide 'safe and comfortable transportation' for those to be carried; the officers with 'cabin accommodation that it should provide 'safe and comdations, space, and ventilation to be supplied for the enlisted men and other persons on board each ship.' It is to be presumed that the agents of the United States in the Philippines saw to it that this stipulation of the contract was observed. ”

“ But in that connection the Secretary requested an opinion as to the construction of the treaty of peace in regard to the scope of the description of Spanish prisoners,-whether and to what extent the treaty included the repatriation of noncombatants at the cost of the United States. The Secretary further requested a construction of the contract rate of compensation which might be allowed and paid per capita for each class of persons charged for under the terms of the contract with Ceballos & Company. ”