CO129-345 - Public Offices & Foreign Office - 1907 — Page 463

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"All assistance was offered by the ALEXANDER, but the

crew of the junk failed in all respects to avail themselves

of it, and made no effort to save their vessel. Had they done

this, the junk and the cargo could have been saved, either

by slinging to the ALEXANDER or by beaching.

"It was impossible for the Board to obtain an itemized

list of the cargo or the exact value of the junk, the $20,000

sued for being an approximate figure."

The Secretary of the Navy states, in connection with

this case, that if it be the fact that the owner of the TUNG

ON TAI suffered damage through fault of the Collier ALEXANDER

it is the cordial desire of the Navy Department to take the

his proper steps to secure reimbursement. Under decisions of the

Comptroller of the Treasury, however, reimbursement to private

owners for damages due to collisions in which naval vessels

aro involved, can be made by special appropriation only. If,

Secretary Metcalf adds, his Department were to present this

matter to Congress and ask for an appropriation, to justify

such appropriation it must be shown that the naval vessel

was in fault.

It seems certain, I regret to say in reply to your note

submitting the case, that on the evidence thus far adduced

this request would not be granted.

I have the honor to be,

with the highest consideration,

Your Excellency's most obedient servant,

ELIHU ROOT.