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REPORT OF THE SECRETARY OF STATE SUBMITTING ANEW TWO CLAIMS PRESENTED BY THE GOVERNMENT OF CHINA AGAINST THE GOVERNMENT OF THE UNITED STATES ARISING OUT OF NEGLIGENT OR UNLAWFUL ACTS IN CHINA OF PERSONS CONNECTED WITH THE MILITARY AND NAVAL FORCES OF THE UNITED STATES

JANUARY 4, 1928.-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 by the Secretary of State requesting the submission anew to the present Congress of two claims presented by the Government of China against the Government of the United States arising out of the negligent or unlawful acts in China of persons connected with the military and naval forces of the United States, and I recommend that as an act of grace and without reference to the question of the legal liability of the United States an appropriation in the amount of $1,100 be made to effect settlement of these two claims, in accordance with the recommendation of the Secretary of State.

THE WHITE HOUSE, January 4, 1928.

CALVIN COOLIDGE.

BUREAU OF THE BUDGET,
Washington, December 14, 1927.

MY DEAR MR. SECRETARY: I have from Assistant Secretary of State Carr letters dated December 5 and 10, 1927, inclosing copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation in the sum of $1,100 in pay

ment of two claims presented by the Chinese Government for the negligent and unlawful acts in China of persons connected with the military and naval forces of the United States (being $1,000 for the benefit of the family of Chang Lin who was killed by a member of the Fifteenth United States Infantry at Leichuan, China, on May 4, 1923, and $100 to the father of Tong Huan Yah alleged to have been killed by members of the crew of the U. S. S. Elcano engaged in target practice at Hankow, China, on March 26, 1923), and requesting that I indicate whether the action proposed in the report is in harmony with the financial policy of the President.

In reply I have to advise you that the proposed request for legislation authorizing an appropriation of $1,100 for the purpose stated is not in conflict with the financial program of the President.

Very truly yours,

The SECRETARY OF STATE.

H. M. LORD, Director.

The PRESIDENT:

On April 22, 1924, the Secretary of State reported at length to you concerning two claims presented by the Government of China against the United States arising out of the negligent and unlawful acts in China of persons connected with the military and naval forces of the United States, and recommended to the Congress that an appropriation in the amount of $1,100 be made to effect settlement of these claims (being $1,000 for the benefit of the family of Chang Lin, who was killed by a member of the Fifteenth United States Infantry at Leichuan, China, on May 4, 1923, and $100 to the father of Tong Huan Yah, alleged to have been killed by members of the crew of the U. S. S. Elcano while engaged in target practice at Hankow, China, on March 26, 1923). This report was transmitted by you to the Congress on April 23, 1924, with the recommendation that in order to effect a settlement of these claims 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 $1,100. Your recommendation and the report of the Secretary of State mentioned comprise Senate Document No. 96, Sixty-eighth Congress, first session."

The claim was submitted anew to the Sixty-ninth Congress and is set out in Senate Document No. 204, second 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 natter anew to the consideration of the present Congress.

It will be observed from the inclosed 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.

DEPARTMENT OF STATE.

Washington, December 22, 1927.

FRANK B. KELLOGG.

[Senate Document No. 204, Sixty-ninth Congress, second session]

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 two claims presented by the Government of China against the Government of the United States arising out of the negligent or unlawful acts in China of persons connected with the military and naval forces of the United States, and I recommend that as an act of grace and without reference to the question of the legal liability of the United States an appropriation in the amount of $1,100 be made to effect settlement of these two claims, in accordance with the recommendation of the Secretary of State.

THE WHITE HOUSE, February 8, 1927.

CALVIN COOLIDGE.

The PRESIDENT:

On April 22, 1924, the Secretary of State reported at length to the President concerning two claims presented by the Government of China against the United States arising out of the negligent and unlawful acts in China of persons connected with the military and naval forces of the United States, and recommended to the Congress that an appropriation in the amount of $1,100 be made to effect settlement of these claims (being $1,000 for the benefit of the family of Chang Lin, who was killed by a member of the Fifteenth United States Infantry at Leichuan, China, on May 4, 1923, and $100 to the father of Tong Huan Yah, alleged to have been killed by members of the crew of the United States ship Elcano while engaged in target practice at Hankow, China, on March 26, 1923). This report was transmitted by you to the Congress on April 23, 1924, with the recommendation that in order to effect a settlement of these claims 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 $1,100. Your recommendation and the report of the Secretary of State mentioned comprise Senate Document No. 96, Sixty-eighth Congress, first session, copy of which is inclosed for your full information.

It appearing that final action was not taken on this recommendation by the Sixty-eighth Congress, and fully concurring in the report and request of my predecessor, 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 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.

DEPARTMENT OF STATE,

FRANK B. KELLOGG.

Washington, February 7, 1927.

The SECRETARY OF STATE.

BUREAU OF THE BUDGET,

Washington, January 24, 1927.

MY DEAR MR. SECRETARY: I have your letter of January 21, 1927, transmitting copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation in the sum of $1,100 in payment of two claims presented by the Chinese Government for the negligent and unlawful acts in China of persons connected with the military and naval forces of the United States (being $1,000 for the benefit of the family of Chang Lin who was killed by a member of the Fifteenth United States Infantry at Leichuan, China, on May 4, 1923, and $100 to the father of Tong Huan Yah, alleged to have been killed by members of the crew of the U. S. S. Elcano engaged in target practice at Hankow, China, on March 26, 1923), and asking that I indicate whether the action proposed in the report is in harmony with the financial policy of the President.

In reply I have to advise you that the proposed request for legislation authorizing an appropriation of $1,100 for the purpose stated is not in conflict with the financial program of the President.

Sincerely yours,

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CLAIM OF RICHARD L. SPRAGUE, AMERICAN CONSUL AT GIBRALTAR

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

REPORT FROM THE SECRETARY OF STATE RELATIVE TO THE CLAIM OF MR. RICHARD L. SPRAGUE, AMERICAN CONSUL AT GIBRALTAR, FOR REIMBURSEMENT FOR EXPENSES INCURRED BY HIM IN PROVIDING RELIEF FOR THE CREW OF THE AMERICAN STEAMER "KANABEC"

January 4, 1928.—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 in relation to the claim of Mr. Richard L. Sprague, American consul at Gibraltar, for reimbursement for expenses incurred by him in providing relief for the crew of the American steamer Kanabec. I recommend that the Congress authorize an appropriation and that an appropriation be made to effect a settlement of this claim in accordance with the recommendations of the Secretary of State.

THE WHITE HOUSE,

Washington, January 4, 1928.

The PRESIDENT:

CALVIN COOLIDGE.

DEPARTMENT OF STATE, Washington, December 17, 1927.

I have the honor to suggest that the claim of Mr. Richard L. Sprague, American consul at Gibraltar, as set forth in the accompanying statement of facts, be submitted to the Congress with the recommendation that, in all equity, it would seem fitting that that body should favorably consider relief legislation for Mr. Sprague.

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