Mr. Sherman to Mr. Powell.
Washington , December 17, 1897 .
Sir: In connection with previous correspondence, I inclose a copy of a dispatch from Mr. Archibald H. Grimke, United States consul at Santo Domingo, No. 169, of November 23,1897,1 proposing a settlement of the Ozama Bridge claim.
It appears from this dispatch that President Heureaux is willing to settle the pending diplomatic claim of Henry W. Thurston against the Dominican Government relative to the Ozama Bridge by purchasing the bridge at its actual value December 20, 1895, the date of the judgment of the Dominican supreme court in the case of John Lyon, agent of Henry W. Thurston against the “La France sugar estate,” the value of the structure to be ascertained by two competent engineers, one to be chosen by President Heureaux and one by Mr. Thurston, both engineers to come from the United States, the value of the franchise or concession to be deemed to constitute an important element in estimating the value of the property.
You are instructed to communicate with President Heureaux through the diplomatic channel, and to inform him that your Government, in behalf of Mr. Thurston, will agree to the adjustment of the claim as proposed, with one or two minor modifications. This Government, acting for the claimant, will accept in full settlement of the claim the actual value of the bridge, concession, and franchise on December 20, 1895, with interest thereon at the rate of 6 per cent per annum from that date to the date of payment. The value of the property shall be ascertained by two competent engineers, one to be chosen by President Heureaux and one by Mr. Thurston, both to come from the United States. In the event that the two engineers are unable to reach an agreement as to the value of the bridge and franchise, the same shall be determined by a third engineer, to be chosen by the United States Government. The engineers to be selected by President Heureaux and by Mr. Thurston shall be chosen within thirty days from the date of the acceptance of this proposal by the Dominican president, and they shall enter upon the performance of their duties within sixty days from the date of such acceptance. And within sixty days from the completion of their labors they shall, in communications signed by them jointly, notify the respective Governments of the conclusion reached by them. The amount ascertained to be the value of the property shall be paid to the Government of the United States through its diplomatic [Page 275] representative at Port au Prince, within * * * days (this period to be made as short as possible) after the two Governments shall have been notified of its ascertainment. The compensation and expenses of each engineer to be paid by the party choosing him, and the compensation and expenses of the third engineer, if it becomes necessary to select one, to be divided equally between the parties.
This Government is thoroughly satisfied that Mr. Thurston has a just claim against the Dominican Government, and you will impress upon that Government the necessity of promptly adjusting the same and removing the matter from the field of diplomatic discussion. The method of settlement above suggested would seem to afford a satisfactory way of accomplishing that end.
You will notify this Department by cable of the acceptance of the above proposal by President Heureaux, in order that the claimant may at once name the engineer to be chosen by him.
This will leave Mr. Thurston’s claim for tolls for the passage of “Government men” across the bridge prior to December 20, 1895, to be adjusted otherwise.
Respectfully, yours,
- Not printed.↩