CLAIM FOR THE DEATH OF EDWIN TUCKER

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

REPORT FROM THE SECRETARY OF STATE CONCERNING A CLAIM AGAINST THE UNITED STATES PRESENTED BY GREAT BRITAIN FOR EDWIN TUCKER, A BRITISH SUBJECT KILLED BY A UNITED STATES ARMY AMBULANCE IN COLON, PANAMA, ON OR ABOUT DECEMBER 6, 1924

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

To the Congress of the United States:

I transmit herewith a report from the Secretary of State concerning a claim against the United States, presented by the Government of Great Britain, for compensation to the relatives of Edwin Tucker, a British subject who was killed by a United States Army ambulance in Colon, Panama, on or about December 6, 1924. The report requests that the recommendation as indicated therein be adopted and that the Congress authorize the appropriation of the sum necessary to compensate the claimants in this case.

I recommend 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 of $2,500.

THE WHITE HOUSE,

CALVIN Coolidge.

December 17, 1927.

The PRESIDENT:

I have the honor to submit, with a view to its transmission to the Congress, the following report and recommendation respecting the

claim presented by the Government of Great Britain for compensation to the relatives of Edwin Tucker, a British subject who was killed by a United States Army ambulance in Colon, Panama, on or about December 6, 1924.

The essential facts concerning the death of Edwin Tucker are admitted and are substantially as follows:

The chargé d'affaires ad interim of Great Britain at this capital, in a note, No. 1108, dated December 31, 1925, informed this department that on December 6, 1924, an Army ambulance from France Field, Canal Zone, operated by Private Wilbert L. Schwartzfiger, was engaged in conveying an injured man from the military barracks at France Field to the Canal Zone Hospital in Colon city, ran into the Lee Chong Building at Bolivar and Ninth Streets, Colon, striking and killing Edwin Tucker, who at the time of the accident occurred was standing outside the drug store which is in that building. A copy of a medical certificate issued by the physicians of Colon Hospital testifying to the cause of Edwin Tucker's death was inclosed. This report indicates that the death resulted from the injury received when Mr. Tucker was struck by the ambulance.

It was added that at the time of his death Edwin Tucker assisted in maintaining and supporting his mother, Mrs. Eliza Tucker, and his son, George Tucker, 11 years old, both of whom resided in St. James Parish in the Island of Jamaica. A brother of the deceased, acting on behalf of himself and the dependent relatives above mentioned, endeavored without success to obtain compensation from the military authorities of the Canal Zone. Accordingly, the chargé d'affaires expressed the hope that the competent authorities of this Government would see their way in the interests of justice to accord suitable compensation to the mother and son of the deceased, who have been deprived, through no fault of their own, of their principal means of support.

The matter was brought to the attention of the Secretary of War, and after some correspondence the Acting Secretary of War informed me on July 17, 1926, that the facts in the case as set forth in the note dated December 31, 1925, from the chargé d'affaires ad interim of Great Britain, were substantially correct. He added, however, that G. C. M. Ambulance No. 73192, which was property of the United States, was carrying an emergency patient injured at France Field, Canal Zone, from the post hospital at that station to the hospital at Colon. The ambulance was proceeding along Bolivar Street at a speed of about 25 miles an hour; it was on the left side of the street, and that when at a point near Ninth Street, in maneuvering to avoid a collision, it skidded to the curb on the right side of the street, overturned and killed Edwin Tucker, a colored civilian, who was at that time on the sidewalk.

A board of officers, convened at France Field for the purpose of investigating the accident, reported in part as follows:

That Edwin Tucker (colored), a resident of Colon, Republic of Panama, was accidently killed by United States Ambulance No. 73192.

That the death of Mr. Edwin Tucker was due to no fault or negligence of his

own.

That the driver of United States Ambulance No. 73192 (Private Schwartzfiger) was exceeding the speed limit when this accident occurred.

That an extenuating crcumstance did exist when Private Schwartzfiger was speeding, namely: He was carrying a seriously injured patient to the Colon

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.

DEPARTMENT OF STATE,

FRANK B. KELLOGG.

Washington, December 13, 1927.

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 proposed 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,

The SECRETARY OF STATE.

H. M. LORD, Director.

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