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United States. President (1921-1923 : Harding)

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Trinity College Trinity College Digital Repository East Collection Library Digital Collections 1922 Four claims of the government of China against the United States : communication from the president of the United States transmitting with a letter from the director of the Bureau of the Budget, a supplemental estimate of appropriation for the Department of State for the fiscal year ending June 30, 1923, for the payment of four claims presented by the government of China against the government of the United States. United States. President (1921-1923 : Harding) Follow this and additional works at: https://digitalrepository.trincoll.edu/eastbooks Recommended Citation United States. President (1921-1923 : Harding), "Four claims of the government of China against the United States : communication from the president of the United States transmitting with a letter from the director of the Bureau of the Budget, a supplemental estimate of appropriation for the Department of State for the fiscal year ending June 30, 1923, for the payment of four claims presented by the government of China against the government of the United States." (1922). East Collection. 39. https://digitalrepository.trincoll.edu/eastbooks/39 This Article is brought to you for free and open access by the Library Digital Collections at Trinity College Digital Repository. It has been accepted for inclusion in East Collection by an authorized administrator of Trinity College Digital Repository. Eastern Academic Scholars' Trust lRINiTY COILEG llBRAR.Y MOORE COLLECTION RELATING TO THE FAil EAST CLASS NO.--BOOK NO.--VOLUME--ACCESSION NO. E-~~~::.& -~~~;>.. ~~~~~~ 4.46 9.S-6 67TH CoxGHE~~- l HOrSE OF REPRE ENTA'rIYES. {DOCUl\IENT it/, 8essio11. · f No. 493. FOl R CL.ALM. OF THE GOVER MENT OF CHINA AGAINST THE UNITED STATE . COMMUNICATION FROM TH~ PRESIDENT OF THE UNITED STATES, TRANSMITTING, WITH A LETTER FROM THE DIRECTOR OF THE BUREAU OF THE BUDGET, A SUPPLEMENTAL ESTIMATE OF APPROPRIATION FOR THE DEPARTMENT OF ST ATE FOR THE FISCAL YEAR END-ING JUNE 30, 1923, FOR THE PAYMENT OF FOUR CLAIMS PRE-SENTED BY THE GOVERNMENT OF CHIN A AGAINST THE GOVERN-MENT OF THE UNITED STATES. DECEMBER 9, 1922.-Referred to the Committees on Appropriations and Claims and ordered to be printed. TuE WHITE HousE, Washington, December 8, 1922. The PEAKER OF THE HousE OF REPRESENTATIVES. , IR: I luwe the honor to tran mit for the consideration of Congress a upplemental e. timate of appropriation for the 'Department of tate for tlw fi~cal year ending June 30, 1923, for the payment of four clnim~ pre. ented by the Government of China against the Gonrmnent of the United State~3 which uro e as the re~ult of neg-ligent or unlttwful ncL in Chinn of per ons connected ,vith the military and naval ervice of the United States. The details of thi:; estimate arc set forth in the letter of the Director of the Burenu of the Budget tran mitted herewith, and I am also in receipt of n communication from the Secretary of State advis-ing me that he hn been informed by the United tates minister at Peking, Chinn, thnt failure to make provision for the settlement of these claims is proving most embarrassing in connection with his efforts to prc."s for the ettlcment of claims of American creditors against the Chine e Government. I therefore renew my recom-mendation of Mnrch 9, 1922, that as an act of grace and without ref ercnce to the question of the legal liability of the United States an appropriation in the amount of $5,913.79 covered by the estimate submitted herewith be made so as to permit ettlement of thes·e claims. Respectfully, w ARREN G. HARDING. 2 ( :LAIMS OF CHI~.\ AGAl).ST THE U.XITEil STATES. TRE.\.SURY DEPARTME~T' BUREAU OF THE BenGET, Washington, Drcember 8, 1922. Srn: I have the honor to transmit herewith for your consideration and, upon your approval, for transmission to Congre.ss, a supple-mental estimate of appropriation for the Dcpnrtment, of State for the fiscal year ending June 30, 1923, for the payment of four claims presented by the Government of China against the Government of the United States, $5,913.79. Claims of Chinese Government: To pay to the Chinese Government as ::in act of grace and without reference· to the qtwstion of the legal Jiahilitv of the United St.ates, in satisfaction of claims arising out of the' negligent or unlawful acts in China of persons connected with the military and naYal services of the United States. as follows: Indemnity to the farnilv of Li Shih Ohi, $1,000; indemnity to the family of Chang Tsn Tsao, $1,000; indemnity to the family of a Chinese policeman murdered near Jehol, and expenses of Chinese witnesses at the trial of the ol'fcnclcr. $1,500; and damages resulting from the sinking of a Chinese junk by the U. S. S. Palos. October ~3, 1917, on the Yangtze RiYer1 $2,413.79 (submitted ) .. _ $5,913. 79 These four claims arose as the result of negligent and unlawful acts in China of persons connected with the military and naval service of the United States, and the facts concerning them, as pre~ented by the Secretary of State, are as follows: (1) Hilton A. Williams (alias Carter) and John Rohrer (alias < 'ook} . hoth deserters from the American military forces stationed at Tientsin, China, in 1915, committed a robbery near Jehol, China, and Rohrer shot and killed a Chinese policeman who, in the courae of his duty, had attempted to arrest them. When taken into custodv both men claimed to be British subjects and were, therefore, turned over by the Chinese authorities to the British consul general at Mukden for trial by the British authorities. From Mukden they were transferred to Shanghai, where it was <liscoYerecl that they were American citizens Upon being arraigned before the United States Court for China both men pleaded guilty, Williams to the crime of robbery and Rohrer to that of murder. In connection with the trial of these men, certain Chinese witnesses (the numLer it not indicated) were sent from Jehol to Mukden and from Mukden to Shanghai at the request of the British authorities. They were required to wait several months before the trial took place, and as a consequence incurred considerable expense for travel, lodging, etc. The Chinese Government bas presented a claim for $6,195 1fexican, covering these expenses. The matter of expense of the witnesses was brought to the attention of the judge of the United States Comt for China with the hope that some allowance for witness fees might be made by the court, but it appears that the judge has taken the position that inasmuch as the ·witnesses failed to make application for the payment of fees within the time prescribed by law there is no legal method by which such fees may now be paid. The Chinese Government, in a communication dated April 14., 1919, and in a number of communications since that date, has requested that this Governmens reimburse the witnesses for the expenses incurred by them in attending the trials and that a compassionate allowance be given to the family (five dependents) of the Chinese policeman whom Rohrer killed. The American minister at Peking has expressed the opinion that the claim for expense is exorbitant aml that $1,000 would cover the amount. He has recommended an allowance of $1,000 for the expense incurred and $500 as a solatium for the family of the Chinese policeman who was killed. (2) The U. S. S. Palos, in October, 1917, while convoying the steamer Mei,tan up the Yangtze River, caused the sint ing of a Chinese junk, with its cargo, and the drowning of two Chinese citizens. The accident is said to have been due to the failure .of the American vessel to sound its whistle or otherwise give warning of its approach. In a communication of December 14, 1917, and in a number of subsequent com-m unications, the Chinese Government has requested that this Government reimburse the owners of the junk and cargo for the losses sustained by them, and pay a solatium to the families of the two Chinese who were drowned, who are said to be in extremely n_a... ...... _______ ., CLAIMS OF CHIN A AGAINST THE UNITED STATES. 3 destitute ciTcumstances. The T avy Department apparently admits liability for the sinking of the junk, and has recommended an appropriation for the payment of damacres. Upon the recommendation of that department a bill was introduced in the House of Representatives on August 1, 1921, providing for the payment of the sum of '2,413.79 to the Chinese Government. This bill passed the House of Repre-sentatives on ~oYember 5, 1921, and it is understood that it is at present before the Senate Committee on Claims. (3) Ilomer derritt Darke, a ship's coo_k of the third class, United St~tes Navy, who was sening on the U. S. . Elcano wlhle that vessel was anchored m the Yangtze River, on September 4, 1920, seized a Chinese cobbler who had peaceably boarded the vessel, apparently for the purpose of collecting a debt, and without justifiable cause threw him overhoard into the river. The man, whose body was not recovered, is said to have left a widow and four minor children. Darke was tried for the offense in the United States Court for China and was sentenced to a term of imprisonment for two years and to pay a fine of $500 and costs. · The Chinese Government, in a communication of September 20, 1920, and sub-sequent communications, has requested that a monthly allowance for the maintenance -of the widow be paid by this Government until a son, who at that time was stated to be 10 years of age, reaches his majority. It is understood that the Navy Department has recommended that the sum of $1,000 be appropriated as an indemnity for the widow, but that the recommendation has not as yet been acted upon by Congress. (4) The fourth case is that of Private Petticrew, of the Quartermaster Corps, assigned to the United States Army transport Merritt, who, in September, 1920, while ashore on leave at Chinwangtao, China, entered a Chinese wine shop and, without provocation, -shot and killed Li Shih Chi, a native employee therein. It is stated that the soldier, who was under the influence of intoxicants, upon entering the shop fired an auto-matic pistol at Li Shih Chi and killed him while he was in the act of escaping from the place; that he then turned and fired upon the proprietor, but the shot did not take -effect. Petticrew was tried for the offense by general court-martial at Tientsin, China, .and was sentenced to be dishonorably discharged from the service, to forfeit all pay .and allowances, and to be confined at hard labor for the period of his natural life. The Chinese Government has several times requested that some allowance be made for the benefit of the family (a wife and four children) of the Chinese citizen whom Private Petticrew killed. · These claims were presented to Congress on March 9, 1922, as -shown by House Document No. 204, but no appropriation has been made for their settlement. Approval of this estimate is recommended. Respectfully, H. M. LoRD, Director. The PRESIDENT. Estimates of appropriations required for the service of the fiscal year ending June Sf), • 1928, by the Depattment of State·. Claims of Chinese Government: To pay to the Chinese Government as an act of grace and without reference to the question of the legal lia-bility of the United States, in satisfaction of claims arising out of the negligent or unlawful acts in China of persons connected with the mili-tary and naval services of the United States, as follows: Indemnity to the family of Li Shih Chi, 1,000; indemnity to the family of Chang Tsu Tsao, $1,000; indemnity to the family of a Chinese policeman mur-dered near Jehol, and expenses of Chinese witnesses at the trial of the <>ffender, $1,500; and damages resultin~ from the sinking of a Chinese junk by the p-. S.S. Palos, Oct. 23, 1917, on the Yangtze River, $2,413.79; mall (submitted) .................................................... $5,913. 7!) 0 Photomount Pamphlet Binder Gaylord Bros. Makers .Syracuse, N. Y. PAT, JAIi 21 , 1908 Date Due --I - -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -1L1 No •quo,111NT Iu•uu Cat. No. 1090A 

Four claims of the government of China against the United States : communication from the president of the United States transmitting with a letter from the director of the Bureau of the Budget, a supplemental estimate of appropriation for the Department of State for the fiscal year ending June 30, 1923, for the payment of four claims presented by the government of China against the government of the United States.

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