CO129-345 - Public Offices & Foreign Office - 1907 — Page 462

Enclosure in Mr. Bryce's No. 127. of October Copy of a Note from the Department of State.

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DEPARTMENT OF STATE,

WASHINGTON, October 21, 1907.

Excellency,

With further reference to your note No.200 of

August 24 last, I have the honor to say that the Navy Depart-

ment has carefully considered the papers submitted in the

matter of the claim of 0. Yung, a native of Hongkong and a

British subject, for compensation for the loss of a junk,

TUNG ON TAI, which was sunk in collisiop with the United

States Naval Collier ALEXANDER, in March 1906.

It appears that the occurrence referred to was, at the

time, in pursuance of naval regulations, investigated by a

board consisting of officers of the Navy. Representatives

of the owner of the TUNG ON TAI were present and cross-oxan-

ined witnesses; but did not themselves offor any statement

or otherwise develop their side of the case.

The findings of the Naval Board were:

"That Mastor A.E.Gove, in command of the U.S.N.A.

ALEXANDER, did in all respects observe the rules of the ro

and did do all that was possible to avoid the collision.

*The junk failed to continue on her original course

and speed as required by Article 21, Section IV of the In

national Rules of the Road, although there was ample room

in the harbor for her to have done so.

"When the collision became imminent the helms- of

junk deserted his post, whereas if the helm of the junk

been put hard-a-starboard the stern of the junk might

avung clear and collision been avoided.

His Excellency

The Right Honorable James Bryce, D.l.,

Ambassador of Great Britain,

"A