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The essential facts concerning this claim are admitted and are substantially as follows:

On February 5, 1921, at about 7.20 o'clock p. m., Simeon Bayliss and Reginald Ethelbert Myrie were riding in a coach on the Mount Hope Road, Panama Canal Zone. The coach was proceeding gradually on the right side of the road. Suddenly the occupants of the coach heard the sound of a horn which seemed to be at a distance from them of not more than 8 or 9 feet. Simeon Bayliss threw himself on the bank which was to the right side of the road. Reginald Myrie, however, being on the left side of the coach, did not have an opportunity to leave it. Almost immediately the coach was struck by an automobile truck belonging to the United States Army. The truck was driven by Private Roscoe Gower, Motor Transport Company. Witnesses testified that the truck was driven at a high speed. As a result of the collision the coach was pushed along the road for a distance of approximately 75 feet, and Mr. Myrie was thrown therefrom and under the truck, which severed his left leg and mashed other parts of his body. Mr. Myrie was assisted immediately by the people who gathered around the scene of the accident, and as soon as possible he was taken to the Colon Hospital, where he received medical attention. Mr. Myrie died, however, at about 10 o'clock p. m. the same day as a result of the injuries received by him in the collision.

A board of officers appointed to determine the responsibility for the accident reached the following findings of facts and made the following recommendations:

That the accident was avoidable; that the chauffeur, Pvt. Roscoe Gower, Motor Transport Company, was under the influence of liquor; that the careless driving and intoxicated condition of Private Gower was entirely responsible for the accident.

In connection with claim for compensation of the death of Reginald Ethelbert Myrie this board is not empowered either under the one-hundred and fifth article of war or G. O. No. 37, W. D., 1920, to recommend any compensation for death or personal injuries. The board, however, finds that the death of Reginald Ethelbert Myrie was caused directly by the careless driving of Pvt. Roscoe Gower, Quartermaster Corps. It is believed the only redress is a civil suit against Private Gower, who is now serving a sentence of 18 months in the Gamboa Penitentiary for the killing of Reginald Ethelbert Myrie. At the present time Private Gower has no accrued pay due him.

It is believed that if any compensation were to be granted for the death of Reginald Ethelbert Myrie, that $1,000 United States currency would be just and sufficient amount.

At the time of the accident Private Gower was an agent of the United States Government, as the truck he drove was owned by the United States Government and operated for the military service of the United States.

By a note dated November 2, 1921, the ambassador of Great Britain at this capital brought the claim to the attention of the Department of State. The ambassador stated that the claim was referred by the minister of Great Britain at Panama to the Governor of the Canal Zone, and that in due course it was referred to the War Department, which replied that they had no appropriation from which the claim could be paid and that the only procedure to obtain payment therefor would be through a special act of Congress. The matter has since been the subject of several exchanges of communications between this department, the War Department, and the British Embassy, as a result of which the following conclusions have been reached:

(1) That the death of Mr. Reginald Ethelbert Myrie was caused by the careless driving and intoxicated condition of Private Gower, operating the truck for the military service of the United States.

(2) That under the circumstances which have been related, it would be proper, as an act of grace and without reference to the question of the legal liability of the United States, to pay to the father of the deceased an indemnity in the sum of $1,000. It appears from evidence furnished by the British Embassy that the deceased, who was unmarried, had been contributing to his father's support for a number of years at the rate of approximately $10 per month.

Accordingly, I have the honor to recommend, with the concurrence of the Secretary of War, that the Congress be requested to authorize the necessary appropriation.

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

This claim was submitted to the Sixty-ninth Congress, first session, in your message dated April 5, 1926. A copy of Senate Document No. 91, containing this message, is inclosed.

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 President. Respectfully submitted.

FRANK B. KELLOGG. DEPARTMENT OF STATE,

Washington, December 17, 1927.

(Senate Document No. 91, Sixty-ninth Congress, first session) To the Congress of the United States:

I transmit herewith a report from the Secretary of State regarding the claim presented by the Government of Great Britain on behalf of Mr. David S. Myrie for compensation on account of the death of his son, Reginald Ethelbert Myrie, in the Panama Canal Zone on February 5, 1921. I recommend that the Congress as an act of grace, and without reference to the legal liability of the United States in the premises, authorize the appropriation of a sufficient amount to effect a settlement of this claim in accordance with the recommendation of the Secretary of State.

CALVIN COOLIDGE. THE WHITE HOUSE, April 5, 1926.

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 on behalf of Mr. David S. Myrie for compensation on account of the death of his son, Reginald Ethelbert Myrie, in the Panama Canal Zone.

The essential facts concerning this claim are admitted and are substantially as follows:

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On February 5, 1921, at about 7.20 o'clock p. m., Simeon Bayliss

. and Reginald Ethelbert Myrie were riding in a coach on the Mount Hope Road, Panama Canal Zone. The coach was proceeding gradually on the right side of the road. Suddenly the occupants of the coach heard the sound of a horn which seemed to be at a distance from them of not more than 8 or 9 feet. Simeon Bayliss threw himself on the bank which was to the right side of the road. Reginald Myrie, however, being on the left side of the coach, did not have an opportunity to leave it.

Almost immediately the coach was struck by an automobile truck belonging to the United States Army. The truck was driven by Pvt. Roscoe Gower, Motor Transport Company. Witnesses testified that the truck was driven at a high speed. As a result of the collision the coach was pushed along the road for a distance of approximately 75 feet, and Mr. Myrie was thrown therefrom and under the truck, which severed his left leg and mashed other parts of his body. Mr. Myrie was assisted immediately by the people who gathered around the scene of the accident, and as soon as possible he was taken to the Colon Hospital, where he received medical attention. Mr. Myrie died, however, at about 10 o'clock p. m. the same day as a result of the injuries received by him in the collision.

A board of officers appointed to determine the responsibility for the accident reached the following finding of facts and made the following recommendations:

That the accident was avoidable; that the chauffeur, Pvt. Roscoe Gower, Motor Transport Company, was under the influence of liquor; that the careless driving and intoxicated condition of Private Gower was entirely responsible for the accident.

In connection with claim for compensation of the death of Reginald Ethelbert Myrie, this board is not empowered, either under the One hundred and fifth article of war or G. O. No. 37, W. D. 1920, to recommend any compensation for death or personal injuries. The board, however, finds that the death of Reginald Ethelbert Myrie was caused directly by the careless driving of Pvt. Roscoe Gower, Quartermaster Corps. It is believed the only redress is a civil suit against Private Gower, who is now serving a sentence of 18 months in the Gamboa Penitentiary for the killing of Reginald Ethelbert Myrie. At the present time Private Gower has no accrued pay due him.

It is believed that if any compensation were to be granted for the death of Reginald Ethelbert Myrie, that $1,000 United States currency would be just and sufficient amount.

At the time of the accident Private Gower was an agent of the United States Government, as the truck he drove was owned by the United States Government and operated for the military service of the United States.

By a note dated November 2, 1921, the ambassador of Great Britain at this capital brought the claim to the attention of the Department of State. The ambassador stated that the claim was referred by the minister of Great Britain at Panama to the Governor of the Canal Zone and that in due course it was referred to the War Department, which replied that they had no appropriation from which the claim could be paid and that the only procedure to obtain payment therefore would be through a special act of Congress. The matter has since been the subject of several exchanges of communications between this department, the War Department, and the British Embassy, as a result of which the following conclusions have been reached:

(1) That the death of Mr. Reginald Ethelbert Myrie was caused by the careless driving and intoxicated condition of Private Gower operating the truck for the military service of the United States.

(2) That under the circumstances which have been related it would be proper, as an act of grace and without reference to the question of the legal liability of the United States, to pay to the father of the deceased an indemnity in the sum of $1,000. It appears from evidence furnished by the British Embassy that the deceased, who was unmarried, had been contributing to his father's support for a number of years at the rate of approximately $10 per month.

Accordingly, I have the honor to recommend, with the concurrence of the Secretary of War, that the Congress be requested to authorize the necessary appropriation.

As a summary of the essential facts regarding the accident and claim is embodied in this communication, it is deemed unnecessary to accompany it with copies of the correspondence in the 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. Respectfully submitted.

FRANK B. KELLOGG. DEPARTMENT OF STATE,

Washington, April 1, 1926.

BUREAU OF THE BUDGET,

Washington, March 10, 1926. MY DEAR MR. SECRETARY: I have your letter of February 12, 1926, inclosing copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation of $1,000 in payment of a claim presented by the Government of Great Britain on behalf of David S. Myrie for compensation on account of the death of his son, Reginald Ethelbert Myrie, in the Panama Canal Zone, on February 5, 1921, and asking that I indicate whether the action proposed in the report is in harmony with the financial policy of the President.

It affords me pleasure 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. Sincerely yours,

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

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 $1,000 in payment of a claim presented by the Government of Great Britain on behalf of Mr. David S. Myrie for compensation on account of the death of his son, Reginald Ethelbert Myrie, in the Panama Canal Zone on February 5, 1921, and requesting that I indicate whether the action proposed in the report is in harmony with the present financial policy of the President.

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. Sincerely yours,

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

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