when, without fault on their part, one American soldier was killed, and several others wounded, and yet no punishment was meted out by the Panaman authorities to the guilty persons. In view of the foregoing, this Government must state that, of course, it cannot consent to its citizens being maltreated and injured in a foreign country under circumstances such as have been narrated without demanding that the Government, some of whose agents have participated in the offense, while others have permitted the guilty persons to escape punishment, grant due reparation to the injured American citizens. The claim is herewith presented as a single case because of the number and character of the persons involved and is made in behalf of all persons who were injured while under American protection, and who have made claims on account of such injuries. The Government will, of course, make such disposition of the funds as is equitable in view of all the circumstances. The list of the claimants includes Morris Berkowitz, Nathan H. Kelly, Erich Jeschke, Joseph Steinbrenner, Walter Organ, Morris Stettler, Lowndes O. Webb, Oliver G. Reber, Charles Jagatich, Henry Foster, Joseph A. Donnelly, Everett E. Bowden, George Simon, Frank Mosouskie, Augustine A. Kane, Webster T. Brandon, Joseph Balun, and Henry G. Baldwin, and the evidence submitted in support of the claims leads to the conclusion that all of these persons received injuries of considerable severity. You will bring this matter to the attention of the Foreign Office in the sense of the foregoing and say that, in the view of this Government, the indemnity specified is very modest, and, that, due to the fact that it is the desire of this Government to be as lenient with the Panaman Government as a proper regard for national dignity and the rights of its citizens will permit, the amount has been calculated at a much lower rate than would be justified by the claims which have been filed in the matter and which this Government has no reason to believe to be excessive. You will explain to the Panaman Government, however, that in making this concession this Government confidently expects that the Panaman Government will avail itself of an early opportunity to make a settlement and will take all possible steps in avoiding another altercation of a similar nature. I am [etc.] ROBERT LANSING File No. 419.11C64/37 The Minister in Panama (Price) to the Secretary of State No. 2126 PANAMA, October 9, 1918. SIR: I have the honor to report compliance with the Department's Instruction No. 547 of September 3 (File No. 319.112C64/35)1, received by this Legation October 7, directing me to present a claim for damages against the Government of Panama in the sum of ten thousand dollars, as a result of the riot which took place in Panama City on the night of February 13-14, 1915. I enclose a copy of the note addressed to the Panaman Foreign Office in carrying out said instruction. I shall report duly further developments herein. I have [etc.] 'Ante, p. 856 (File No. 419.11C64/35). WM. JENNINGS PRICE [Enclosure] The American Minister (Price) to the Panaman Secretary for Foreign Affairs (Garay) No. 683 PANAMA, October 8, 1918. EXCELLENCY: Making reference to note S. P. No. 810 of April 13, 1918, from your excellency's predecessor and to other previous correspondence regarding the riot which took place in the city of Panama on the night of February 13-14, 1915, in which a number of American soldiers and civilians were wounded, I have the honor to place before your excellency the following instruction which has been given this Legation by his excellency, the Secretary of State of the United States, namely: [Here follows transcript of Department's instruction No. 547, September 3, 1918.] While awaiting your excellency's response, I avail [etc.] WM. JENNINGS PRICE SPAIN ABROGATION OF THE TREATY OF JULY 3, 1902, CERTAIN PROVISIONS OF WHICH CONFLICTED WITH THE SEAMEN'S ACT OF MARCH 4, 1915 (See page 10) 861 |