360c.1121 Fedoryszyn, Justyn/97
The Secretary of State to the Polish Ambassador (Filipowicz)
Excellency: I have the honor to inform Your Excellency that, in a communication dated February 4, 1931, the Minister of Foreign Affairs of Poland informed the American Ambassador at Warsaw that the Government of Poland was prepared to pay to Mr. Justyn Fedoryszyn, an American citizen who was the victim of an assault committed by Polish soldiers on October 9, 1930, in the village of Sarniki, an indemnity in the sum of 10,000 zlotys as soon as sentence should have been passed on the person responsible for the assault.
By a note dated May 11, 1931,24 the Minister of Foreign Affairs informed the Ambassador of the sentence that was imposed on May 2, 1931, by the Military Tribunal of Lublin on the Polish officer who had been found guilty of responsibility for the bodily injuries that were inflicted upon Mr. Fedoryszyn, and for the illegal detention of this American citizen. In the same communication, the Minister of Foreign Affairs indicated that you had been authorized to communicate with the Department with regard to the indemnification of Mr. Fedoryszyn.
The Government of the United States has noted with gratification the keen regret that has been expressed by the Government of Poland for the assault that was made on Mr. Fedoryszyn, and the proceedings in Poland that resulted in the trial, conviction, and punishment of the officer who was responsible for the assault and for the illegal detention [Page 962] of Mr. Fedoryszyn. It is not of the opinion, however, that the sum of 10,000 zlotys constitutes an adequate indemnification for Mr. Fedoryszyn.
In Mr. Zaleski’s note of February 4, 1931, to Mr. Willys, the sum of 10,000 zlotys was offered to Mr. Fedoryszyn an indemnification “for the hardships incurred by him in connection with his detention.” I desire to point out that, in a determination of the sum to be paid to Mr. Fedoryszyn, consideration should be given not only to the hardships that were suffered by him in connection with his detention, but also to the brutal nature of the assault upon him, the physical and mental sufferings endured by him long after the detention ceased, the expenses incurred by him in connection with the treatment of his injuries, and the time lost by him from his usual employment, with the attendant loss of earning power, as a result of the physical incapacity arising from those injuries.
After having given most careful consideration to these circumstances, this Government has arrived at the conclusion that the sum of four thousand dollars is the minimum amount that reasonably could be regarded as adequate compensation for Mr. Fedoryszyn. I therefore ask that you be good enough to inform your Government that the Government of the United States requests that this sum be paid for the indemnification of Mr. Fedoryszyn.
Accept [etc.]
- See telegram No. 52, May 11, from the Ambassador in Poland, supra.↩