The PRESIDENT: On April 30, 1924, the Secretary of State reported at length to you concerning a claim against the United States for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the landing of an airplane belonging to the United States Marine Corps, and requested that the recommendation of the Acting Secretary of the Navy, as indicated in the report, be adopted, and that the Congress authorize the appropriation of the sum necessary to pay the indemnity as suggested by the Acting Secretary of the Navy. This report was transmitted by you to the Congress on May 1, 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 $2,000. Your recommendation and the report of the Secretary of State mentioned, with its accompanying papers, comprise Senate Document No. 102, Sixty-eighth Congress, first session. The claim was submitted anew to the Sixty-ninth Congress and is set out in Senate Document No. 84, 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 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 sumbitted, FRANK B. KELLOGG. BUREAU OF THE BUDGET, MY DEAR MR. SECRETARY: I have from Assistant Secretary of State Carr his letter of December 1, 1927, inclosing copy of Senate Document No. 84 of the Sixty-ninth Congress, first session, containing a report to the President recommending that the Congress be requested to authorize an appropriation for the settlement of a claim against the United States for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, 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 $2,000 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. [Senate Document No. 84, Sixty-ninth Congress, first 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 the matter of a claim against the United States for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the landing of an airplane belonging to the United States Marine Corps, which formed the subject of a report made by the Secretary of State to me in April, 1924, and my message to the Congress dated May 1, 1924, which comprise Senate Document No. 102, Sixty-eighth Congress, first session, copies of which are furnished for the convenient information of the Congress. I renew my recommendation originally made, 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 $2,000, and 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, March 22, 1926. The PRESIDENT: On April 30, 1924, the Secretary of State reported at length to you concerning a claim against the United States for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the landing of an airplane belonging to the United States Marine Corps, and requested that the recommendation of the Acting Secretary of the Navy, as indicated in the report, be adopted, and that the Congress authorize the appropriation of the sum necessary to pay the indemnity as suggested by the Acting Secretary of the Navy. This report was transmitted by you to the Congress on May 1, 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 $2,000. Your recommendation and the report of the Secretary of State mentioned, with its accompanying papers, comprise Senate Document No. 102, Sixty-eighth Congress, first session, copies of which are 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 the Secretary of State, 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 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, March 18, 1926. FRANK B. KELLOGG. BUREAU OF The Budget, MY DEAR MR. SECRETARY: I have your letter of March 4, 1926, inclosing copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation in the sum of $2,000 in settlement of a claim against the United States for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the fall of an airplane belonging to the United States Marine Corps, 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 $2,000 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. [Senate Document No. 102, Sixty-eighth Congress, first session] To the Congress of the United States: I transmit herewith a report respecting a claim against the United States for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the landing of an airplane belonging to the United States Marine Corps, with the request that the recommendation of the Acting Secretary of the Navy, as indicated therein, be adopted, and that the Congress authorize the appropriation of the sum necessary to pay the indemnity as suggested by the Acting Secretary of the Navy. I recommend that, in order to effect a settlement of this 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 $2,000. THE WHITE HOUSE, The PRESIDENT: May 1, 1924. CALVIN COOLIDGE. The undersigned, the Secretary of State, has the honor to submit, with a view to its transmission to the Congress, the following report and recommendation respecting a claim presented for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the landing of an airplane belonging to the United States Marine Corps. From the evidence available it appears that Capt. Harold D. Campbell, United States Marine Corps, stationed at Observation Squadron No. 1, Second Brigade, Santo Domingo, Dominican Republic, took off at the aviation field in a plane belonging to the Marine Corps to go to the gunnery savanna, about 15 miles northeast of the flying field, in order to give certain instructions in flying and making land ings to his crew. While adjusting the stabilizer of his plane, which is the custom just previous to making a landing, a sharp blow was felt on the right wing of the plane, and immediately on opening the throttle it was ascertained that the right wing had struck some object, which at the time was believed to have been a stump. The pilot immediately landed the plane and found that the object struck was a Dominican native, who apparently was on horseback, as a horse was seen running from the scene of the accident, and the day following a saddle and equipment were found near where the accident occurred. The body was brought to the city by airplane and prepared for burial at the base hospital of the marine brigade. Local civil authorities were notified and viewed the body, a permit for burial was obtained, and the body buried at 2 p. m., October 3, 1923. All expenses for the burial were borne by the United States Government. Prior to burial photographs of the body were taken and copies furnished the local civil officials, together with the personal effects of the deceased. All possible efforts were made by both the local civil authorities and the military authorities to determine the identity of the deceased, who afterwards appeared to be Juan Soriano. Capt. Harold D. Campbell, the pilot of the airplane, voluntarily appeared before Señor Luis Bonithy, judge of public instruction, and related the details of the accident. Also a court of inquiry was ordered by the military authorities to inquire into all the circumstances of the accident. The court expressed the opinion that "the accident was unavoidable and was not due to the fault or negligence or inefficiency of any person or persons in the naval service or connected therewith." The matter was referred to the Navy Department for investigation and in a letter to the State Department on March 18, 1924, the Acting Secretary of the Navy confirmed the existence of the essential facts which gave rise to the claim as set forth above, and suggested that, if the claimants would agree to accept the sum of $2,000 as a fair and reasonable compensation, recommendation be made to the Congress for the enactment of necessary legislation. From the record it appears that the deceased was between 35 and 38 years of age, was a butcher on a small scale, having two small shops in the district in which he lived. His average profits, according to his widow, were about $20 gold a week, his debts at the time of his death are stated to have been about $400, and he left no cash. estate. He was survived by a widow and five children, one of whom has since died. The oldest child is a boy about 12 years of age, who is capable of earning about 20 cents a day when he works. The youngest, at the time of the father's death, was 1 month old. A summary of the essential facts taken from the reports on file in the case being embodied in this communication, it is deemed unnecessary to accompany it with correspondence in the case, but all or any part of that correspondence will, of course, be furnished should the Congress so desire. The Secretary of State acquiesces in the recommendation of the Acting Secretary of the Navy, and has the honor, therefore, to request the President to recommend to the Congress, as an act of grace and without regard to the question of legal liability, the authorization of an appropriation in the sum of $2,000, in payment to the widow and children for the death of Juan Soriano, a Dominican subject, which resulted from the landing of an airplane belonging to the United States Marine Corps at Guerra, Dominican Republic. It will be noted 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, April 30, 1924. CHARLES E. HUGHES. BUREAU OF THE BUDGET, MY DEAR MR. SECRETARY: I have letter of April 4, 1924, from the Department of State, signed by the Undersecretary, inclosing a copy of a proposed report to the President recommending that Congress be requested to authorize an appropriation in the sum of $2,000 in payment of a claim for the death on October 2, 1923, at Guerra, Dominican Republic, of Juan Soriano, a Dominican subject, who was killed by the fall of an airplane belonging to the United States Marine Corps, and asking whether the proposed action is in harmony with the financial policy of the President. It gives me pleasure to advise you that the proposed request for legislation authorizing an appropriation of $2,000 for the purpose stated is not in conflict with the President's financial program. Sincerely yours, HERBERT M. LORD, Director. |