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Claim of Raymond Bastianello, Foreign Service clerk.

Mr. Bastianello was assigned to the Embassy in Paris, Franee, but while on an official trip from Paris to Tours, Bordeaux, and La Bourboule, he was transferred on November 1, 1940, to Madrid. He requested the Embassy at Paris to forward his effects, which did not arrive in Madrid until March 1941. By that time he had been transferred to Mexico City and upon leaving Madrid gave instructions for the packing, shipping, and insurance of his effects from Madrid to Mexico City.

The loss of and damage to Mr. Bastianello's property were sustained during their shipment from Paris to Madrid and from Madrid to New York. It is believed that this damage was the consequence of incompetent packers, poor materials, and the disruption of transportation facilities because of war conditions.

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Claim of Candide R. DuBeau, Foreign Service clerk.

Miss DuBeau was assigned to the consulate at Marseille, France. In February 1942, she was evacuated to the United States because of the German occupation of France. The shipment of her effects Was authorized and they were forwarded from Marseille via Lisbon, Portugal, and New York to Willimantic, Conn. Upon arrival at their destination many articles were found to be badly damaged. It is believed the damage was caused by the delay en route due to war conditions. Although Miss DuBeau left Marseille in February of 1942 it was not until July 1942 that shipment reached its destination.

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Claim of Wilbur J. Keblinger, Foreign Service officer, class III.

Mr. Keblinger had been assigned as consul at Hamburg, Germany. In the fall of 1940 he was instructed to return to the United States preparatory to his retirement from the service. About the middle of December 1940 his trunk was forwarded from Hamburg to Berlin to be sent by air freight from that place to Lisbon. The trunk was duly started on its way to Lisbon but never reached that port. Efforts were made by the Embassy in Berlin and the consulate general in Lisbon to trace it but without result. It is believed that the loss occurred because of the disruption of transportation systems consequent from the war in Europe.

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Claim of Paul J. Reveley, Foreign Service officer, class VII.

Mr. Reveley was assigned to the consulate at Palermo, Sicily, and in August 1939 he was transferred to London. His effects were packed and shipped on the Steamship Giovanni Boccaccio some time in September 1939. When the vessel reached Gibraltar it was returned to Naples, by orders of the Italian Government, and its cargo was discharged. Mr. Reveley's effects were placed in a general warehouse in Naples until December 2, 1941, when they were shipped on a Swiss steamer via Genoa to New York.

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Claim of Richard B. Haven, Foreign Service officer, class IV.

Mr. Haven was assigned to Turin, Italy. When American consular personnel were evacuated from Ítaly he was forced to abandon his automobile, which undoubtedly was taken over by the Italian authorities.

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Claim of Edwin S. Coleman, Foreign Service clerk.

Mr. Coleman had been assigned to Moscow and was transferred to Rio de Janeiro. His effects were left in Moscow to be forwarded in June of 1941. Upon the arrival of his effects a number of articles were found to be missing.

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Claim of John J. Meily, Foreign Service officer, class V.

Mr. Meily was assigned to Zagreb, Yugoslavia, in October 1938. He was granted home leave at Government expense. He informed the Department he would avail himself of his leave in the spring of 1939. Because of the German occupation of Czechoslovakia in 1939 and the consequent unsettled political situation Mr. Meily gave up his plans for leave. It was not until 1941 that he was able to plan to take leave. In March 1941 he deposited 20,000 dinars with the Societe de Navigation Aerienne Yugoslavie "Aeroput” in Belgrade for clipper. passage for his wife and himself to leave Lisbon between June 1 and 7, 1941. Later it was necessary to cancel the reservation. When he endeavored to obtain a refund of his deposit, “Aeroput" in Belgrade had closed up and he was referred to the Lisbon office. The Lisbon office had never received the deposit and could do nothing.

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Claim of W. Garland Richardson, Foreign Service Officer, class VII.

Mr. Richardson was vice consul at Dairen, Manchuria. In November 1941 he shipped 75 cases of personal and household effects from Dairen to the United States. They arrived at Shanghał about November 11, 1941, and were to have been loaded on the steamship Maréchal Joffre. This vessel was in Manila when war between Japan and the United States broke out. It left Manila hurriedly and proceeded to Australia and later arrived in the United States. Only 17 of the 75 cases were on that vessel when it arrived in San Francisco. Although a thorough investigation was made no trace of the remaining 58 cases has been found.

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Claim of Paul W. Meyer, Foreign Service officer, class VI.

Mr. Meyer had been assigned to Kunming, China, and was transferred to Tsingtao. His effects were to be shipped from Kunming to Tsingtao. Because of interruption to traffic over the French Indo-China-Yunnan Railway as a result of the bombing of the railway by the Japanese, his effects were shipped over the Burma Road to Rangoon. There was quite a delay in shipping these effects. After their arrival at Rangoon, it was found almost impossible to ship them to Tsingtao and they were shipped to New York for forwarding to Mr. Meyer's home at Rockville, Conn. Upon arrival at their destination, the effects were found to be badly damaged and in many instances practically destroyed.

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Claim of Robert P. Chalker, Foreign Service officer, unclassified.

Mr. Chalker had been assigned to Lisbon, Portugal, and was transferred to Birmingham, England. A radio belonging to him pas shipped from the United States on the steamship Empire Mersey destined for England. This vessel left New York on September 21, 1942, but was lost at sea as the result of enemy action.

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Total.

137. 50

37.50

H. Repts., 79–1, vol. 1-10

Claim of John Mundt, Jr., Foreign Service Auxiliary officer.

Mr. Mundt was an Auxiliary officer assigned to the Embassy in Lima, Peru. He was instructed to return to Washington for consultation, at which time his draft status came up. Knowing that he would not return to Lima he instructed that office to ship his effects. The vessel on which they were shipped, the Melville E. Stone, was lost through enemy action.

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Claim of Rudolph E. Zetterstrand, Foreign Service Auxiliary officer.

Mr. Zetterstrand is a Foreign Service Auxiliary officer assigned to the Embassy at Rio de Janeiro. His effects were shipped from New York to Rio de Janeiro on the steamship Birmingham City. This vessel and its cargo were lost at sea as the result of enemy action.

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Claim of Hortense Uhlrich, Foreign Service clerk.

Miss Uhlrich was assigned to the legation at Tangier. She was in the United States on leave and assigned for temporary duty in the Department pending her return by air. It was necessary for her to send the greater part of her baggage by steamer. It was shipped on the steamship Wyoming, some time during February or early March 1943. The steamship Wyoming was sunk at sea by enemy action.

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The amounts recommended to be appropriated for reimbursement represent what is believed to be a fair valuation of lost, destroyed, or damaged articles, reasonable, useful, necessary, and proper for the officers and employees, respectively, to have in their possession while in the public service, in the line of duty in foreign countries.

It is, therefore, recommended that this report be submitted to the Congress with the request that $90,130.91 be appropriated for the relief of the claimants.

As a matter of convenience there is appended hereto a tentative draft of the desired legislation. Respectfully submitted.

CORDELL HULL. Enclosures: (Appendix A; Appendix B).

APPENDIX A

DEPARTMENTAL ORDER No. 1082

(Amending Departmental Order No. 532%) In order to facilitate the preparation of claims for personal losses of officers and employees of the Foreign Service for such legislative action as may be desirable as soon as possible after such claims arise, a Claim Board is hereby established, to consist of

1. The Assistant Secretary of State designated as Budget Officer; 2. The legal adviser;

3. The Chief of the Division of Foreign Service Administration. The Board will at once proceed to the consideration of claims for personal losses which are pending in the Department and report their findings as to the justness and reasonableness of each claim to the Secretary of State with a recommendation as to the action deemed to be desirable.

Each member of the Board is authorized to delegate to a member of his staff the work of considering claims, but shall assume responsibility for the conclusions reached and sign the report to be submitted to the Secretary of State. The members of the Board will be guided in their work by the following regula

tions;

REGULATIONS

CLAIMS OF DIPLOMATIC, CONSULAR, OR FOREIGN SERVICE OFFICERS AND PERSONNEL FOR PRIVATE PROPERTY LOST, DAMAGED, OR DESTROYED IN THE FOREIGN

SERVICE

SECTION 1. Where private property belonging to diplomatic, consular, or Foreign Service officers, clerks, or employees and their families, whether in active service or retired or resigned, including all household articles and clothing which they may have owned or used during the time that they held such appointments as officers, clerks, or employees, and their families, is lost, damaged, or destroyed in the course of their service, its value shall be appraised for submission to Congress with a recommendation for relief of the owner as hereinafter provided, when such loss, damage, or destruction has occurred without fault or negligence on the part of the owner in any of the following circumstances:

(a) When such private property is lost, damaged, or destroyed as a consequence of the performance of duties under the direction of the Department of State;

(b) When it appears that such private property was lost, damaged, or destroyed in consequence of its owner having given his attention to the saving of human life or property belonging to the United States which was in danger at the same time and under similar circumstances;

c) When during travel under orders such private property, including the reguiation allowance of baggage, transferred by a common carrier, or otherwise transported by the proper agent or agency of the United States Government is lost, dernaged, or destroyed; but recoupment, or commutation in these circumstances, where the property was transported by a common carrier shall be limited to the extent of such loss, damage, or destruction over and above the amount recovered from said carrier; and that no claim under this category shall be favorably considered where the claimant has failed to exhaust his legal remedies against the common carrier.

d) When such private property is destroyed or captured by the enemy or is destroyed to prevent its falling into the hands of the

enemy, or is abandoned on account of lack of transportation or by reason of emergency requiring its abandonment, or is otherwise lost under warlike conditions.

(e) When such private property is lost, destroyed, or damaged by a catastrophe of nature.

In determining what is negligence, the Board will take into consideration whether the failure of the claimant to carry insurance on his property should, in the circumstances, constitute negligence.

SECTION 2. The liability of the Government shall be limited to damage or bess of such sums of money or such articles of personal property as the Claim Board shall decide or declare to be reasonable, useful, necessary, and proper for officers, clerks, and employees of the Foreign Service to have in their possession while in the public service in the line of duty. It is distinctly to be understood, bowever, that no claim on account of losses occurring within the United States

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