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from an operation and as a result of the injuries sustained from the dropping of the bomb she was confined in the Coronado Emergency Hospital from March 27 to April 1, 1929, and was unable to follow her usual employment until September 30, 1929.
"The Navy Department has been in communication with Miss Ross, through her attorney, for the purpose of determining the amount that should be paid for the injuries sustained by her. As a result the following amounts have been agreed upon as reasonable compensation for her injuries:
Professional services rendered by Brown-Cornell Clinic, San Diego,
Professional services rendered by Drs. L. C. Kinney and A. E. Elliot,
San Diego, Calif._
Hospital services, Coronado Emergency Hospital, Coronado, Calif..
Professional services rendered by Dr. B. D. Gillies..
45. 00 27.50
"In view of the fact that the automobile in which Miss Ross was riding was passing along a public highway at the time of the above accident and the cause of the accident was the dropping of a bomb by a Navy airplane too close to the roadway, the Navy Department is of the opinion that the Government should provide compensation in the sum of $920.45 for payment to Miss Ross. She has agreed to accept this amount in full settlement of her claim. As the Director of the Budget has requested that proposed legislation for the relief of citizens of foreign countries be referred to the State Department for presentation to the Congress, the Navy Department requests that the Department of State submit to the Congress the claim of Miss Janet Ross with the recommendation that special legislation be enacted providing an appropriation of $920.45 for payment to her.
Sundry additional expenses incurred by reason of injuries such as special food and other incidentals.
Compensation for time lost from employment from March 27, 1929, for a period of 6 months, at $80 per month..
"For use in connection with the above the following documents are inclosed: "Copy of record of proceedings of naval board of investigation which was convened to inquire into the circumstances of the above accident.
"Claim of Miss Janet Ross.
66 'Correspondence between Navy Department and claimant relative to amount to be allowed in settlement of her claim.
'Copy of letter of Navy Department addressed to the Speaker of the House of Representatives recommending enactment of special legislation for the relief of Frank M. Grover.
"Copy of act of July 2, 1930 (Private No. 267, 71st Cong.).
"Any further information desired will be furnished upon request, if available." I have examined the documents submitted by the Secretary of the Navy in support of the claim and concur in the recommendation. I therefore have the honor to recommend that the Congress be requested to authorize as an act of grace and without reference to the question of the legal liability of the United States an appropriation of $920.45 in full settlement of the claim of Miss Janet Hardcastle Ross.
Since the letter of the Secretary of the Navy succinctly sets forth the essential facts, it would seem to be unnecessary to furnish copies of the correspondence which accompanied the letter. In case all or part of the correspondence is desired it will, of course, be furnished.
(4) To the Government of China for the account of Ling Mau Mau, a citizen of China. (Item V, p. 7, S. Doc. 252, 71st Cong., 3d sess.)
Report and recommendation concerning a claim against the Navy Department in the sum of $1,500, United States currency, transmitted to that department by the commander in chief United States Asiatic Fleet, after a consultation with the American consul general at Shanghai, regarding proper compensation in the
circumstances, in behalf of Ling Mau Mau, a citizen of China, for personal injuries received by him as a result of a collision between a Chinese junk on which he was aboard and the United States naval vessel Whipple, which occurred in the Whangpoo River on May 20, 1930.
A naval board of investigation was convened to inquire into the circumstances of the collision, and the evidence produced before the board shows the following facts as summarized in a letter of the Acting Secretary of the Navy to this department of October 6, 1930:
"On May 20, 1930, the U. S. S. Whipple was tied up at the southernmost dock of the Standard Oil installation in the Whangpoo River, Shanghai, with her bow pointing southward. The Standard Oil installation consists of two docks running along the river front and between the docks are two pontoons to which vessels secure. At the time the above accident occurred (at or about 12.45 p. m. on May 20, 1930) the steamship Norgeland was moored, bow to the northward, at the north wharf and several junks and cargo sampans were moored to and alongside the two pontoons between the north and south docks.
"After the Whipple had completed fueling, which was her purpose in docking at this time, her stern was swung away from the dock so as to permit the vessel to avoid the Norgeland and the junks and sampans referred to, while backing preparatory to straightening out and proceeding ahead up the Whangpoo River. After open water could be seen on a line running through the Whipple's port side and the port side of the Norgeland all lines were cast off and the Whipple started backing.
"After backing for a short space of time the commanding officer of the Whipple noticed a large lighter crossing the river on his starboard quarter. In order to keep clear of this vessel the engines on the Whipple were put ahead and after about 30 seconds the Whipple began to gather headway. While gathering headway the tide had swung the Whipple's bow to port, toward the dock, and toward the general direction of the Norgeland. The commanding officer feared that the stern of the Whipple would swing into the Norgeland if he directed the course of the vessel to starboard out into the stream, so he decided to return to the dock which the Whipple had just left. In maneuvering to make the dock, the afterpart of the Whipple on the port side struck two sampans lying alongside one of the pontoons referred to above, located between the north and south docks of the Standard Oil Co.'s installation, damaging one sampan beyond repair. Ling Mau Mau who was on board one of the sampans was so seriously injured in the right arm as to necessitate his removal to St. Luke's Hospital, International Settlement, Shanghai, where the surgeons in charge amputated the arm just above the elbow."
The naval board of investigation expressed the opinion that "The cause of the collision was the attempt to moor the Whipple alongside the wharf of the Standard Oil Co. at a place and from a preliminary position in the Whangpoo River when a safe landing could not be effected; that the decision to make this attempt was an error of judgment on the part of the captain of the Whipple
* *; that the Whipple could have been further maneuvered sternwards into the Whangpoo River with safety * *; that once the error of judgment as to the imminence of collision * * * was made, the Whipple was handled with commendable decision and precision in a tight place,' but that the responsibility for the collision with the Chinese junk and for the injury to the Chinaman rests with the captain of the Whipple, Lieut. Commander George C. Kriner, United States Navy."
The board estimated that the costs of hospitalization of the injured Chinaman would be $99.50 Mexican and it recommended that the damages sustained by him be settled by an arbitration board. The board also estimated that the junk owner sustained property losses in the amount of $2,131.54 Mexican and it recommended that the damages to the junk be settled by an arbitration board.
The legal liability of the United States in the premises would seem to be clearly established and it would therefore be desirable in the interest of the United States in China that a settlement of the claims be promptly effected. It is presumed that the property losses will be taken care of by the Navy Department under the authorization contained in the act of December 28, 1922 (c. 16, 42 Stat. 1066). The Acting Secretary of the Navy in transmitting the claim to this department recommended that the department initiate the appropriate steps to obtain an appropriation in the amount of $1,500 United States currency, as recommended by the commander of the Asiatic Fleet and the American counsul general, in settlement of the personal injury claim. Accordingly, I concur in the recommendations of the Acting Secretary of the Navy that Congress be requested to authorize an
appropriation of $1,500 United States currency in settlement of this claim for personal injuries sustained by the claimant and medical and hospital expenses incurred by him as a result of this collision. I further recommend that this settlement be made as an act of grace and without reference to the legal liability of the United States in the premises.
(5) To the Government of China for the account of Yao Ah-Ken, Chiang Ah-erh (Tsiange Ah Erh), and the family of Ts'ao Jung-k’uan (Dzao Yong Kwer). The accident in which these chinese were injured is described above in connection with the authorization for the Shanghai Electric Construction Co.
(6) To the Government of China for the account of Li Ying-ting (Li Ing Ding), a citizen of China. (S. Doc. No. 139, 71st Cong., 3d sess.)
To the Congress of the United States:
I transmit herewith a report of the Acting Secretary of State requesting the submission to the Congress of a claim against the Navy Department submitted through the American consul at Nanking, in behalf of Li Ying-ting a citizen of China, for the deaths of four members of the claimant's family resulting from a collision between the claimant's junk and the United States naval vessel Hart on the Yangtze River on July 3, 1925.
I recommend that, as an act of grace and without reference to the question of the legal liability of the United States, an appropriation of $1,500 United States currency be authorized to effect settlement of this claim in accordance with the recommendations of the Acting Secretary of the Navy and the Acting Secretary of State.
The WHITE HOUSE, April 30, 1930.
I submit, for transmission to the Congress, if you approve, the following report in regard to a claim against the Navy Department submitted through the American consul at Nanking in behalf of Li Ying-ting, a citizen of China, growing out of the deaths of the son, daughter-in-law, and two grandchildren of the claimant who were drowned as a result of a collision between a junk owned by the claimant and the United States naval vessel Hart. The collision occurred on the Yangtze River on July 3, 1925.
A naval board of investigation was convened to inquire into the circumstances of the accident and the evidence offered before the board shows the following facts: On the night of July 2-3, 1925, the U. S. S. Hart was proceeding down the Yangtze River from Hankow to Shanghai at a speed of about 15 knots, being closely followed by the U. S. S. Stewart. Shortly after 2 a. m. several lights on junks were sighted in the channel off the port bow of the Hart and a short time later a number of junks were sighted ahead with no lights showing.
At this time the Hart was about 200 yards from the right (south) bank of the stream with junks going upstream on the port hand and downstream in the same direction as the Hart on the starboard hand. As danger of collision with the junks on the starboard hand became imminent the orders "left rudder" and "all engines stop" were given and carried out. No order to "reverse engines" was given due to the fact that the Stewart was rapidly closing in astern. About one minute after these orders had been carried out the Hart collided with two junks which were headed upstream. One of these junks, which was later found to be that owned by Li Ying-ting, sunk and became a total loss as a result of this collision.
The board expressed the opinion that the collision was due to three causes: (a) At the time of the collision the Hart was not proceeding close enough to the right hand (south) side of the channel which is the usual track followed by steamers; (b) the junks with which the Hart collided failed to carry lights which were visible to other vessels, if any were carried at all; and (c) the failure of the Hart to reduce speed when the lighted junks were first sighted. Had this been done the Stewart would also have been required to reduce speed, which would have permitted the Hart to go astern when collision with the junks was imminent.
The Navy Department has approved for submission to Congress under the act of December 28, 1922, claims for property losses growing out of the collision and it
is understood that this report will be submitted with a recommendation that an appropriation to pay the property claims be included in the second deficiency bill. The claimant originally requested compensation for the deaths of his son, daughter-in-law, two grandchildren, and two members of the crew of the junk in the sum of $30,650 Mexican. This amount was regarded by the Navy Department as excessive and following negotiations with the claimant conducted through the American consul at Nanking the claimant reduced the amount of his claim to $6,000 Mexican plus $920 Mexican for medical and burial expenses. With respect to this claim the Secretary of the Navy in a letter addressed to this department on March 14, 1929, said:
"The investigations made at the instance of the Navy Department show that but three persons were drowned as a result of the above collison so far as could be ascertained. However, claimant asserts that two additional persons were drowned and one died as the result of injuries received in the collision. In this connection Mr. C. C. Nieh states that "the fact is that the actual number of the dead is five; namely, Li Yuen Han, the claimant's son; Wang Sze, his daughter-inlaw; Chun Wo, his grandson; Foh Sing, his granddaughter, and Lieu Chih Kwan, a member of the crew. * * * Besides those five who were drowned, a sailor by the name of Li Shan Fah succumbed to the wounds some time after the accident." In view of the foregoing the Navy Department will accept as a fact that, in all, six persons lost their lives as a result of this accident. However, it is not considered that Li Ying-ting is entitled to any compensation on account of the deaths of Liu Chi Kwan and Li Shan Fah, whose only relationship to claimant was that they were employed on his junk.
"The Navy Department will give consideration to the matter of recommending to the Congress, the enactment of special legislation for the payment of $1,500, United States currency, as a matter of grace, in connection with the losses sustained by claimant on account of the deaths of his son, daughter-in-law, and grandchildren, and for the expenditures made for medical and burial purposes, if claimant is willing to accept this sum in settlement of these items. In arriving at the amount of $1,500, the Navy Departinent has given consideration to the contributory negligence of the junk in connection with the collision."
This offer of the Navy Department was submitted to the claimant through the American consul at Nanking and was accepted. Thereupon, under date of February 28, 1930, the Acting Secretary of the Navy requested that the Department of State take the necessary steps to recommend special legislation to obtain an appropriation of $1,500 United States currency, in settlement of the claim on account of the deaths of members of claimant's family.
This regrettable incident has been given wide publicity in China, and the American consul at Nanking, has been frequently approached by the Chinese authorities with inquiries concerning its settlement, and it is therefore desirable, in the interest of the United States in China that settlement of the claim be effected without further delay. Accordingly, I concur in the recommendation of the Acting Secretary of the Navy that Congress be requested as an act of grace to authorize an appropriation of $1,500, United States Currency, in settlement of the claim on account of the deaths of four members of the claimant's family and the medical and burial expenses incurred by the claimant as a result of the collision.
J. P. COTTON, Acting Secretary of State.
(7) To the Government of the Dominican Republic for the account. of Mercedes Martinez Viuda de Sanchez, a Dominican subject. (H. Doc. No. 320, 71st Cong., 3d sess.)
To the Congress of the United States:
I transmit herewith a report regarding the request of Mrs. Mercedes Martinez Viuda de Sanchez, widow of Emeterio Sanchez, for an award which will enable her to be provided with the necessities of life.
I recommend in accordance with the suggestion of the Acting Secretary of State that the Congress, as an act of grace and without reference to the legal liability of the United States in the matter, authorize an appropriation for $500,
to be paid to Mrs. Sanchez as a recognition of the meritorious services rendered by her deceased husband in rescuing certain American seamen, and to relieve to a certain extent her present financial condition.
THE WHITE HOUSE, March 19, 1930.
I have the honor to submit with a view to its transmission to the Congress the following report and recommendation respecting the request of Mrs. Mercedes Martinez Viuda de Sanchez, the widow of Emeterio Sanchez, for an award which will enable her to be provided with the necessities of life in her old age.
While in Dominican waters the U. S. S. Memphis was lost on August 29, 1916, as a result of a tidal wave or other marine disturbance. Many of the seamen were thrown into the water and were rescued only as a result of the heroic efforts of certain Dominican citizens who were on the shores at the time. According to a letter dated September, 1916, addressed by Charles F. Pond, rear admiral in command of the squadron of cruisers of the Atlantic Fleet, to the editors of the Listin Diario, Santo Domingo, and published in that paper on September 6, 1916, the heroic service of Emeterio Sánchez, a Dominican citizen, was recognized. Admiral Pond stated in part as follows:
"A man named Emeterio Sánchez, swimming beyond the rocks near the Matadero, helped the men who were in the launches that sank. Among these survivors of the boats, Sánchez was of great help in saving three of them."
In an affidavit dated July 15, 1929, made by Hipoti A. Pegueso, Tab. G. Felg, O. A. Padilla Rojas, Roman Abrey, and Francisco Jourdain, the following statement is made:
"On August 29, 1916, in the afternoon when the battleship of the United States of North America Memphis was lost in a violent sea, we personally witnessed the deed of daring and bravery of Señor Emeterio Sánchez, who, on that occasion, dived into the furiously raging sea and helped the sailors of the crew of the said battleship, some of whom were brought alive to the Matadero Beach and others already drowned, by the self-sacrificing gallantry of the swimmer above mentioned Señor Emeterio Sánchez."
Admiral S. S. Robison, military governor of Santo Domingo, reported on August 10, 1922, to the Secretary of the Navy in part as follows:
"Emeterio Sanchez, deceased, whose widow submitted the petition, appears to have displayed unusual heroism at the time the Memphis grounded at Santo Domingo City. He is reported to have risked his life repeatedly in giving assistance to members of the crew of the Memphis who were in the water."
The American chargé d'affaires ad interim at Santo Domingo, Dominican Republic, reported on July 19, 1929, that he had investigated the matter carefully but in view of the long time which had elapsed since the disaster, it had been difficult to find reliable witnesses with respect to the heroic work of Emeterio Sanchez, although it seemed to be established that Sanchez did perform meritorious work at the time of the wreck. The chargé d'affaires further reported that Mrs. Sanchez is living in the poorer quarters of the city in a very humble building.
The matter of providing relief for Mrs. Sanchez was considered by the Navy Department, but it was ascertained that that department did not have any funds from which payment could be made.
After a careful consideration thereof, the circumstances of the case seem to me to warrant a recognition by this Government of the services rendered by Sanchez, particularly in view of the present condition of Mrs. Sanchez.
I have the honor to recommend therefore, that the case be brought to the attention of the Congress with a recommendation that the sum of $500 be appropriated as an act of grace to be paid to Mrs. Sanchez in order to relieve to a certain extent her present financial condition, and to serve as a recognition of the meritorious services rendered by the deceased husband to American seamen. Respectfully submitted.
J. P. COTTON, Acting Secretary of State.
DEPARTMENT OF STATE,
Washington, March 18, 1930.