HEARING ON A BILL (H. R. 15279) FOR THE RELIEF OF THE FAMILY OF WANG ERH-KO HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON NAVAL AFFAIRS, Friday, January 4, 1929. The subcommittee this day met at 11 o'clock a. m., Hon. Clark Burdick (chairman), presiding. Mr. BURDICK. The next bill for consideration is H. R. 15279, for the relief of the family of Wang Erh-Ko. The clerk will read the bill, the report of the Navy Department thereon, and the report by the Hon. J. V. A. MacMurray, our minister at Peking. (The clerk read as follows:) [H. R. 15279, Seventieth Congress, second session] A BILL For the relief of the family of Wang Erh-Ko Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the appropriation is hereby authorized, out of any money in the Treasury not otherwise appropriated, of the sum of $875 as indemnity to the family of Wang Erh-Ko, late of the city of Peking, in the Republic of China, deceased, who was killed on January 4, 1927, by being struck by an automobile negligently operated, not in the line of duty, by members of the United States Legation guard in said Peking; such indemnity to be used for the purchase, on terms satisfactory to the American minister at Peking, of an annuity for the family of Wang Erh-Ko. [No. 1] FOR THE RELIEF OF THE FAMILY OF WANG ERH-KO NAVY DEPARTMENT, The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of a letter together with a copy of a proposed bill for the relief of the family of Wang Ehr-Ko, this day forwarded to the Speaker of the House of Representatives. Sincerely yours, CURTIS D. WILBUR, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. JUNE 6, 1928. MY DEAR MR. SPEAKER: The Navy Department submits herewith a draft of a bill for the relief of the family of Wang Ehr-Ko. The purpose of the proposed legislation is to indemnify the family of Wang Ehr-Ko, a Chinese rickshaw coolie, who was killed on January 4, 1927, by being struck by an automobile operated, not in the line of duty, by members of the legation guard at Peking, China. The case was reported to the Department of State by the American minister at Peking, and then transmitted to the Navy Department, with the suggestion that an appropriation be requested of $1,750 (Mexican) to be used in the purchase of an annuity of $175 (Mexican) for 25 years. The bill as proposed authorizes an appropriation of $875 for the purpose named. A photostat of the minister's letter is transmitted herewith. In view of the troubled condition of affairs in China and the suspicion with which all foreigners are viewed, it is deemed important by our representatives in the Orient that prompt action should be taken to ameliorate, so far as possible, injury done by our forces to peaceful Chinese nationals. It is therefore recommended by the Navy Department that the bill be enacted. The cost of the proposed legislation will be $875. The draft of bill has been submitted to the Director of the Bureau of the Budget and the Navy Department has been informed, under date of May 14, 1928, that the proposed legislation is not in conflict with the financial program of the President. Sincerely yours, CURTIS D. WILBUR, PEKING, June 6, 1927. The SECRETARY OF STATE, Washington, D. C. SIR: I have the honor to inclose, for the department's information, copies of correspondence exchanged between the legation and the ministry of foreign affairs and between the legation and the metropolitan police headquarters, regarding an accident which occurred on January 4, 1927, when a motor car, the private property of the commandant of the legation guard, at that time misappropriated, by two enlisted men of the guard, struck and smashed two rickshas, injuring two ricksha coolies, one Wang Erh-ko and one Chang Ma. Wang Erh-ko died of his injuries the same night. Inasmuch as neither of these ricksha coolies contributed. in any way to the accident or was able in any way to avoid being struck, it is felt that they deserve compensation. Accordingly, the facts of the accident as į regards Wang Erh-ko were laid before an unbiased legal authority and an opinion. requested as to a suitable indemnity for the family. The opinion expressed by him is as follows: "There is no entirely satisfactory basis for computing compensation for dependents in this class of cases, but the policy of the law is to provide them with such support as they would have had in the absence of the particular misfortune. From the data you have supplied me, deducting what the deceased would require for his own maintenance, it would appear that 50 cents per day, or $175 per year, would be liberal compensation to the dependents for the period of 20 years during which his earning capacity would have been unimpaired. I am informed by s local life insurance company that there are no mortality tables for Chinese coolies, but this insurance company has estimated the life expectancy of a Chinese coolie 30 years old to be about 30 years. It would seem, then, that compensation to the dependents over a period of 25 years on a basis of unimpaired earning capacity would also take care of that period between the ages of 50 and 60 years when deceased's earning capacity would have been decreasing. "My first suggestion would be the purchase of an annuity of $175 for 25 years in favor of these dependents. This would probably cost about $1,750, and would appear to be the least troublesome way of providing for them over a long period of time. Another suggestion would be the purchase of about $2,500 worth of bonds, the same to be held by a trustee for a period of 25 years, the interest to be paid to these dependents during that period, after which time the bonds and the use thereof would revert to the original donor. If a lump-sum settlement is to be made, it seems that the correct amount would be the sum required to purchase a certain annuity for a certain number of years, i. e., about $1,750, if an annual payment of $175 over a period of 25 years is an equitable settlement. It seems to me that this last suggested basis of settlement would be the least desirable and would probably defeat your purpose of suitably providing for the future of these unfortunates. The probable inexperience of the mother and young wife in caring for a considerable sum of money might well be expected to leave them destitute after a short period of time. Accordingly, I respectfully urge that the department endeavor to obtain, during the next session of Congress, an appropriation sufficient to purchase an annuity of $175 Mexican, for 25 years. In addition to working undeserved hardship on the family of the deceased coolie, any unnecessary delay in the settlement of this case would be sure to add to the unfavorable public opinion which has already grown up with regard to this case. I have the honor to be, sir, Your obedient servant, J. V. A. MACMURRAY. STATEMENT OF LIEUT. COMMANDER STEPHEN B. ROBINSON, UNITED STATES NAVY, OFFICE OF THE JUDGE ADVOCATE GENERAL Mr. BURDICK. Let us hear from the Navy Department representative first. Lieutenant Commander ROBINSON. The reasons for this bill are fully explained in the department's letter. Briefly, the facts are that two marines of the legation guard misappropriated the automobile of the commandant of marines there and went on a joy ride, during which they ran over these two Chinese ricksha coolies. As a result the two marines were court-martialed and awarded a dishonorable discharge, forfeiture of all pay and allowances, and confinement for a period of two years. One of the coolies was killed, and our minister at Peking has recommended this relief legislation. That is the basis of the bill. Mr. BURDICK. One of the two Chinese coolies died? Mr. BURDICK. And the other coolie was injured? Mr. BURDICK. Has any provision been made for the injured man? We have no information as to that from the Department of State. An Assistant Secretary of State is here this morning. Mr. VINSON. What, if you know, does the record of trial by general court-martial of these two men disclose? Were they intoxicated at the time they took the automobile, or were they simply driving it on the street and ran over these two Chinese ricksha coolies? Lieutenant Commander ROBINSON. I did not go over the record of trial by court-martial, but I know the two members of the legation. guard were court-martialed and each awarded dishonorable discharge, forfeiture of all pay and allowances, and confiement for two years for running over these two coolies. Mr. DRANE. They took the automobile without authority, I take it? Lieutenant Commander ROBINSON. That is true. Mr. VINSON. What, if you know, was the basis of the awarding of two years' confinement in each of these cases; was it on account of taking the automobile or on account of the accident connected with these two Chinese ricksha coolies? Lieutenant Commander ROBINSON. Both. They were tried on charges and specifications growing out of the affair. Mr. VINSON. If there be no further questions, and the commander has nothing further to tell us, let hear from the representative of the Department of State. I am wondering why, if we grant relief to one injured coolie, we should not grant it to the other. STATEMENT OF HON. NELSON T. JOHNSON, ASSISTANT Mr. BURDICK. Mr. Secretary, the committee will be glad to have any information you may be able to give it concerning this case. Assistant Secretary JOHNSON. I understand that the committee desires to know why the other injured person was not taken into consideration. Mr. BURDICK. We should like to have a general statement of the case. Assistant Secretary JOHNSON. Mr. Chairman, I have little to add to what is contained in the letter written by the Secretary of State and which has been read to you. That gives an account of the facts in the case; and the letter from the American minister at Peking, which has just been read into the record, not only gives an account of the facts in the case, but goes on to say that claims of this character are legitimate and should be met, and until they are met they create embarrassment out there when we have claims against the Chinese that we expect to be paid promptly. Our correspondence does not reveal what happened to the coolie who was only injured. Apparently he recovered and departed and nobody in the Chinese Government interested himself in his behalf. Apparently the injured man made no claim. But in case of the man who died the Chinese Government interested itself in him and wrote a number of times to our legation there about it. Mr. BURDICK. When did this accident happen? Assistant Secretary JOHNSON. It happened on January 4, 1927, on Legation Street, in the city of Peking. Mr. VINSON. Mr. Secretary, why does the department favor the buying of an annuity of $175 for 25 years in favor of these dependents rather than the providing of a lump-sum payment to them? Assistant Secretary JOHNSON. I presume we favor that because it would provide over a period of time for the relief of this woman and other dependents-the payments would come regularly and she would expect them. Mr. VINSON. Does the record disclose the age of the wife of Wang Erh-Ko? Assistant Secretary JOHNSON. I am not certain. Mr. VINSON. Does the record show how many children, if any, he had? Assistant Secretary JOHNSON. He left an aged mother and a widow. I do not know as to children. Mr. HALE. Has the family of the deceased been consulted as to which method of payment it might prefer? Assistant Secretary JOHNSON. I do not think so. in Assistant Secretary JOHNSON. The lawyer consulted by our ister at Peking. The minister suggested it. I imagine that if they had gone to this Chinese woman and asked her about the matter she would have been willing to accept anything offered. It was doubtless concluded that the method suggested was the best one for the woman who does not know. Mr. VINSON. Of course, the Department of State knows the facts, and I see no reason why we should not follow its recommendation in the matter. Mr. DRANE. I move that the bill be favorably reported to the full committee. Mr. VINSON. I second the motion. (The motion, carried unanimously.) HEARING ON (H. R. 13721) A BILL FOR THE RELIEF OF EDWIN I. CHATCUFF HOUSE OF REPRESENTATIVES, Monday, January 7, 1929. The subcommittee this day met at 11 o'clock a. m., Hon. Clark Burdick, chairman, presiding. Mr. BURDICK. The next bill for consideration is H. R. 13721, for the relief of Edwin I. Chatcuff. The clerk will read the bill and the report thereon by the Navy Department. (The clerk read as follows:) A BILL For the relief of Edwin I. Chatcuff Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Navy be, and he hereby is, authorized and directed to correct the naval service record of Edwin I. Chatcuff, storekeeper, first class, United States Navy, so as to restore to him the rating of storekeeper, first class, United States Navy, from date of disrating, July 15, 1926, to and including date of discharge, February 21, 1928, allow him the pay of his rating for this period, have such time computed as time served in the United States Navy in a duty status, and, further, to make appropriate entry upon the naval record showing his conviction of oral coition was in error and due to mistaken identity. FOR THE RELIEF OF EDWIN I. CHATCUFF (H. R. 13721) NAVY DEPARTMENT, Washington. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: Replying further to the committee's letter of May 15, 1928, transmitting the bill (H. R. 13721) for the relief of Edwin I. Chatcuff, and requesting the views and recommendations of the Navy Department thereon, I have the honor to advise you as follows: The purpose of this bill is to authorize and direct the Secretary of the Navy to correct the naval service record of Edwin I. Chatcuff, storekeeper, first class, United States Navy, so as to have the time served by the said Edwin I. Chatcuff at the naval prison at Portsmouth, N. H., computed as time served in the Navy, entitling him all the rights as to privileges, pay, service, and rating which would result from such computation of his service. On April 3, 1926, Edwin I. Chatcuff, while a storekeeper first class, United States Navy, was tried and convicted by a general court-martial on the charge of 'Scandalous conduct tending to the destruction of good morals." He was 44 sentenced to be reduced to the rating of an apprentice seaman, to be confined for a period of five years, then to be dishonorably discharged from the naval service, and to suffer all the other accessories of said sentence as prescribed by section 883, Naval Courts and Boards. Accessories of a sentence as defined by section 883 of Naval Courts and Boards include hard labor and forfeiture of pay, except the sum of $3 per month for necessary prison expenses; the sum of $25 payable upon discharge from prison pursuant to such sentence, with a dishonorable or bad conduct discharge; the purchase price of a civilian outfit furnished upon dis(343) 2197-29-No. 46 |