File No. 763.72112/1574
[Enclosure]
The American Consul General (Skinner) to the British
Procurator General (Mellor)
Sir:
Indemnity Forms—S. S. “Sydland”—S. F.
Bowser & Company
I have received and read with attention your letter of August 12
stating that the terms upon which goods are released must depend
upon the particular set of facts applicable, and that in some
cases an indemnity is asked for, and in others not. In the case
under consideration you were asking for the execution of the
following form:
We the undersigned, receivers of 16 boxes, tanks and
pumps manufactured by S. F. Bowser and Company,
Incorporated, of Fort Wayne, Indiana, U. S. A., and
shipped by S. S. Sydland from New
York, declare hereby ourselves willing to pay the
expenses for the detention of the mentioned goods in
England provided the goods are delivered in good order
and condition to Messrs. S. F. Bowser and Company,
Victoria Street, London, or to their agents for further
delivery to the original consignees at Stockholm and
Gothenburg, Sweden.
We further declare that, if the goods are released and
delivered as above mentioned, we will not make any
claims for compensation for the time lost by seizure of
the goods.
Stockholm, July the 26th, 1915.
While you were good enough to withdraw the above form in this
instance, I assume from your letter that you are applying it in
other cases, and if that be so, I must respectfully protest and
further state that as far as American claimants are concerned we
shall not deem ourselves bound by any indemnities of this
character.
On reflection you will readily admit, I feel sure, that should
claims for compensation be submitted at some future time, in
consequence of arrangements between our two Governments, your
own Government would certainly have an opportunity to defend its
action and the imposition of various charges and fees with which
you are familiar. If a particular claim then submitted should be
found to be unjustified, the indemnity we are discussing could
not improve your situation, and if, on the other hand, the
contrary should prove true, surely the British Government would
not submit a waiver obtained from the claimants in return for
the restoration of their own property, as an estoppel to the
payment of an amount held to be rightfully due.
I am [etc.]