371.1113Keller, W. N./1
The Minister in Rumania (Culbertson) to the Secretary of State
[Received January 7, 1928.]
Sir: Referring to my last telegram No. 58, 11 A.M., of December 14, 1927, I have the honor to report further concerning Mr. W. N. Keller, [Page 644] American citizen, who was injured at Oradea Mare on December 6.
The chronological progress of this case is as follows:
1) On December 9, I was informed by Mr. Palmer, American Consul General at Bucharest, that he had received a letter from Mrs. W. N. Keller stating that her husband had been severely injured by Rumanian students at Oradea Mare; that she had reported this fact by telegram, but fearing that it might not be delivered had written a letter. Mr. Palmer also informed me that this telegram had not been received. I immediately drafted a note to the Minister for Foreign Affairs, a copy of which was transmitted to the Department with my despatch No. 508 of December 10, 1927. The note was delivered on the evening of December 9 to Prince Ghica, the Under-Secretary of State for Foreign Affairs, who sent it immediately to Mr. Titulesco, the Minister for Foreign Affairs, who was confined to his home by illness.
2) The next day, December 10, Mr. Titulesco requested me to come to see him at his home. He expressed the regret of his government that an American citizen had been injured and stated that a special inspector of the Department of Justice would leave that evening for Oradea Mare to investigate the case. I gave Mr. Titulesco to understand that unless I received a satisfactory response during the following week, I would feel it my official duty to go personally to Oradea Mare for the purpose of informing myself concerning the case. …
My intention was to go to Oradea Mare only as an extreme measure in case the Rumanian Government adopted the policy of procrastination, which it has pursued in other cases. I realized that, especially in view of the excited state of opinion in Bucharest, my trip to the scene of the riots would be in the nature of a demonstration. Fortunately, Mr. Titulesco understood. Even the intimation that I might find it necessary to go to Oradea Mare became the subject of current gossip in Bucharest and had, I believe, a salutary effect on a guilty government.
4) This happened on Saturday. Sunday intervened and on Monday, December 12, Mr. Titulesco telephoned me personally in the morning and asked me to come to see him at four o’clock that afternoon. I saw him in his sick room. There was also present the special representative of the Department of Justice who had made the investigation at Oradea Mare. Mr. Titulesco read to me the special report, which is transmitted herewith as enclosure No. 1.16 It states, among other things, that Mr. Keller was warned to stay away from the students and charges him with indiscretion which [Page 645] lead the students to maltreat him. At the same time I read to Mr. Titulesco a letter which Mr. Palmer had received on the same day from Mrs. W. N. Keller and which is transmitted herewith as enclosure No. 2.16 At the end of the discussion, Mr. Titulesco stated that his government would compensate Mr. Keller for the injuries which he had suffered and requested me that no publicity be given to the settlement of this claim. I immediately expressed doubt as to whether information concerning the settlement of the case could be withheld from the public.
5) At the same interview Mr. Titulesco read me a copy of a report which he had just received from the Director General of the Post, Telegraph and Telephones, explaining the non-delivery of the telegram sent by Mrs. Keller on December 7 to the American Consulate in Bucharest. A copy of this report is transmitted herewith as enclosure No. 316 (see also enclosure No. 4 for the receipts of telegrams sent by Mrs. Keller).17 Mr. Titulesco fully realized the seriousness of my representations concerning the non-delivery of the telegram and the promptness of his investigation, and the nature of the action taken would seem to assure unusual care in the future with reference to the delivery of telegrams addressed to American officials in Rumania.
6) On December 13, I advised Mr. Titulesco that publicity concerning the settlement of the Keller claim could not be avoided. I told him that I had withheld from American journalists for two days the information because I realized the misuse which might be made of it in the delicate situation which existed at the time. I told him that the story reached American journalists in Bucharest by way of Budapest through queries from their head offices. I stated, however, that the story had developed to a point where the American public was demanding information concerning it and that the quickest way to avoid further publicity was a frank announcement that the case would be settled satisfactorily to the American citizen affected. Mr. Titulesco later telephoned his approval of publicity.
My position vis-à-vis the American journalists in Bucharest was somewhat difficult. They were irritated that I had not given them the story at once. However, I told them that I was here not to make news but to settle cases and that in view of the excited condition of local opinion and the eagerness of local politicians to use everything for their own advantage, I felt that I should act with extreme care and give the Rumanian Government no cause for charging me with unnecessarily exaggerating the seriousness of the case. As a matter of fact, my withholding publicity at the beginning placed me in an extremely strong position with Mr. Titulesco in the later stages of the negotiation.
[Page 646]7) On December 15, Mr. Titulesco again asked me to come to see him and submitted to me the telegraphic report of his special investigator as to the damages suffered by Mr. Keller. The telegram stated that no damage had been done to the Sonnefeld print shop, but that the damage done to the newspaper Minoritar Nagyvvarad amounts to 774,300 lei, of which Mr. Keller is entitled to 10%, since this is his share of stock in the newspaper. The telegram added that Mr. Keller is still confined to his bed and is as yet not able to give an accurate estimate of the cost of his expenses for medical assistance etc. The special investigator, however, estimates these costs at 30,000 lei, and states that Mr. Keller desires to leave to the decision of the American Legation the amount in addition which he should receive for the injuries suffered.
Mr. Titulesco said that the newspaper, Minoritar Nagyvvarad, had been guilty of very violent attacks on the Rumanian Government and people.
8) On December 17, Mr. Palmer received from Mr. Keller a more detailed statement (enclosure No. 5) and also a letter giving further information (enclosure No. 6).18 It will be noted that Mr. Keller admits in this statement that he went among the students for the purpose of protesting against their Vandalism and that the prefect of police endeavored to dissuade him from taking further action. … Nevertheless, I have taken the position that if Mr. Keller was breaking the law, it was the duty of the local authorities to restrain him, and if not, it was their duty to give him protection.
There remains in this case only the question of the determination of the amount of the damages. Up to the present time Mr. Keller, although requested to do so, has submitted no estimate. In fact, he is still confined to his bed from his injuries. It appears, however, that his injuries are not of a permanent character and the claim will therefore not be large.
Mrs. Keller brought the fact that her husband had been injured in the first instance to the attention of Mr. Palmer who has continued to conduct the correspondence. I have conferred with him at every stage of the case and both he and Mr. Patterson have been extremely helpful with their assistance and counsel.
I have [etc.]