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Hospital. That this accident was due to a vehicle turning in front of the ambulance without warning being given.

That United States ambulance was damaged to the extent of approximately $600.

The Acting Secretary of War further stated that it is a well established principle that the Government can not be held liable for its agents' torts, and that any compensation to persons for injury except in Air Service accidents must be provided for by a special act of the Congress. He added that the War Department had heretofore refrained from expressing an opinion as to the merits of proposed legislation in similar cases, and in keeping with that policy, withheld a recommendation for or against this claim.

The matter was given further consideration by this department, and on August 25, 1926, I informed the Secretary of War that, while this department is aware that the Government of the United States can not be sued on account of death resulting from the wrongful acts of its agents, it believes that the Government is morally liable in such cases, and that an effort should be made to provide suitable relief therein. I further stated that I was considering recommending that the sum of $2,500 be appropriated as an act of grace and without reference to the legal liability of this Government to compensate the dependents of Mr. Tucker on account of his death, and requested to be informed whether the Secretary of War considered this amount to be a reasonable award, and also whether he would interpose an objection to the passage of legislation providing for compensation in this case.

The Secretary of War replied on October 1, 1926, and stated that this sum is considered a reasonable award, and that his department would interpose no objection to the passage of legislation providing for such compensation.

As the report which was made by the board of officers convened at France Field for the purpose of investigating the accident indicates that the death of Edwin Tucker resulted from no fault or negligence of his own, I have the honor to recommend that the Congress be requested to appropriate as an act of grace and without reference to the legal liability of the United States the sum of $2,500 to compensate the dependent relatives of Edwin Tucker.

As a summary of the essential facts regarding the accident and the claim is embodied in this communication, it is deemed unnecessary to accompany it with copies of the correspondence in this case. All or any part of the correspondence will of course be furnished should the Congress so desire.

It will be noted from the inclosed copy of a communication from the Director of the Bureau of the Budget, to whom the matter was referred, that the proposed action is not inconsistent with the financial program of the Government.

House Joint Resolution No. 355, Sixty-ninth Congress, authorizing an appropriation of $2,500 in payment of this claim was passed by the House of Representatives on February 28, 1927, and was pending in the Senate when it adjourned on March 4, 1927. Respectfully submitted.

FRANK B. KELLOGG. DEPARTMENT OF STATE,

Washington, December 13, 1927.

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BUREAU OF THE BUDGET,

Washington, December 8, 1927. My Dear MR. SECRETARY: I have from Assistant Secretary of State Carr a letter dated December 5, 1927, inclosing copy of a pro

а posed report to the President recommending that the Congress be requested to authorize an appropriation of $2,500 in payment of a claim presented by the Government of Great Britain to compensate the dependents of Edwin Tucker, a British subject, who was killed by a United States Army ambulance in Colon, Panama, on or about December 6, 1924, and requesting that I indicate whether the action proposed of resubmitting this claim to the Congress is in harmony with the financial policy of the Preisdent.

In reply I have to advise you that the proposed request for legislation authorizing an appropriation of $2,500 for the purpose stated is not in conflict with the financial program of the President. Sincerely yours,

H. M. LORD, Director. The SECRETARY OF STATE.

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CLAIM FOR THE DEATH OF SAMUEL RICHARDSON

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

TOGETHER WITH A LETTER FROM THE DIRECTOR OF THE BUREAU OF THE BUDGET, REPORT FROM THE SECRETARY OF STATE REQUESTING THE SUBMISSION ANEW TO THE PRESENT CONGRESS OF A CLAIM AGAINST THE UNITED STATES PRESENTED BY THE GOVERNMENT OF GREAT BRITAIN FOR THE DEATH NOVEMBER 1, 1921, AT CONSUELO, DOMINICAN REPUBLIC, OF SAMUEL RICHARDSON, A BRITISH SUBJECT, AND RECOMMENDING AUTHORIZATION OF AN APPROPRIATION FOR ITS PAYMENT

DECEMBER 17, 1927.- Read; referred to the Committee on Foreign Relations and

ordered to be printed

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To the Congress of the United States:

I transmit herewith a report by the Secretary of State requesting the submission anew to the present Congress of the matter of a claim against the United States presented by the British Government for the death, on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, which formed the subject of a report made by the Secretary of State to me on April 3, 1926, and my message to the Congress dated April 5, 1926, which comprise Senate Document No. 92, Sixty-ninth Congress, first session, copies of which are furnished for the convenient information of the Congress.

Concurring in the recommendation made by the Secretary of State, that in order to effect a settlement of this claim, the Congress, as an Act of grace and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of

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$1,000, I bring the matter anew to the attention of the present Congress in the hope that the action recommended may receive favorable consideration.

CALVIN COOLIDGR. THE WHITE HOUSE,

December 17, 1927.

The PRESIDENT:

On January 11, 1924, the Secretary of State reported at length to you concerning a claim presented by the British Government against the United States for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps and requested that you recommend to the Congress as an act of grace and without reference to the question of legal liability, the authorization of an appropriation in the sum of $1,000 in payment of the claim.

This report was transmitted to Congress by you on January 14, 1924, with the recommendation that in order to effect a settlement of the claim in accordance with the recommendation of the Secretary of State, the Congress, as an act of grace, and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $1,000.

Your recommendation and the report of the Secretary of State mentioned, with its accompanying papers, comprise Senate Document No. 20, Sixty-eighth Congress, first session. The claim was submitted anew to the Sixty-ninth Congress, and is set out in Senate Document No. 92, Sixty-ninth Congress, first session of that Congress, copies of which are inclosed for your full information.

It appearing that final action was not taken on this matter by the Sixty-ninth Congress, I beg to suggest the submission of the matter anew to the consideration of the present Congress.

It will be observed from the inclosed communication from the Director of the Budget, to whom the matter was referred, that the proposed action is not inconsistent with the financial program of the Government. Respectfully submitted.

FRANK B. KELLOGG. DEPARTMENT OF STATE,

Washington, December 13, 1987.

BUREAU OF THE BUDGET,

Washington, December 8, 1927. MY DEAR MR. SECRETARY: I have, from Assistant Secretary of State Carr, a letter dated December 6, 1927, inclosing a copy of Senate Document No. 94 of the Sixty-ninth Congress, second session, containing a report to the President recommending that Congress be requested to authorize an appropriation in the sum of $1,000 in settlement of a claim presented by the British Government for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, and requesting that I indicate whether the action pr posed in the report is in harmony with the financial policy of the President, so that this report may be again transmitted to him, with a statement to that effect.

In reply, I have to advise you that the proposed request for legislation authorizing an appropriation of $1,000 for the purpose stated is not in conflict with the financial program of the President. Very truly yours,

H. M. LORD, Director. The SECRETARY OF STATE.

[Senate Document No. 92, Sixty-ninth Congress, first gossion)

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To the Congress of the United States:

I transmit herewith a report by the Secretary of State requesting the submission anew to the present Congress of the matter of a claim against the United States presented by the British Government for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps, which formed the subject of a report made by the Secretary of State to me on January 11, 1924, and my message to the Congress dated January 14, 1924, which comprises Senate Document No. 20, Sixty-eighth Congress, first session, copies of which are furnished for the convenient information of the Congress.

Concurring in the recommendation made by the Secretary of State that in order to effect a settlement of this claim the Congress, as an act of grace and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $1,000, I bring the matter anew to the attention of the present Congress in the hope that the action recommended may receive favorable consideration.

CALVIN COOLIDGE. THE WHITE HOUSE,

April 5, 1926.

The PRESIDENT:

On January 11, 1924, the Secretary of State reported at length to you concerning a claim presented by the British Government against the United States for the death on November 1, 1921, at Consuelo, Dominican Republic, of Samuel Richardson, a British subject, as a result of a bullet wound inflicted presumably by a member or members of the United States Marine Corps and requested that you recommend to the Congress, as an act of grace and without reference to the question of legal liability, the authorization of an appropriation in the sum of $1,000 in payment of the claim.

This report was transmitted to Congress by you on January 14, 1924, with the recommendation that in order to effect a settlement of the claim in accordance with the recommendation of the Secretary of State, the Congress, as an act of grace, and without reference to the legal liability of the United States in the premises, authorize an appropriation in the sum of $1,000.

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