r--- l DECLASSI IE _ Authority 1 NNOqSl q - r SSIFIE0·-7 lI Ulho ity #v J lit l q u P j DEPARTMENT OF STATE Memorandum of Conversation DATE 1954 --- _ SUBJECT Injury to Japanese Fisher man by Bikini Explosion PARTICIPANTS Mr George Spiegel S AE Mr Hawley NA Mr Snow L FE Mr ill Wells of Office of Gen ral Counsel Atomic Energy Commission COPIES TO NA - Mr Hawley L A - Mr Ly-i n ·ly • L - Mr English -1 l-1493 This morning March 17 1954 a conference was held at 11 15 a m between Al Wells of the Office of General Counsel for the Atomic Energy Commission George Spiegel S AE and Mr Hawley NA with Mr Snow L FEJo The matter discussed is contained in incoming telegrams from Tokyo Nos 2224 2227 of March 16 and Nos 2228 2231 2234 of March 17 and Department outgoip g telegram to Tokyo No 2048 of March 16 1954 In short it concerned twenty-three Japanese fishermen who were aboard the FUKORYU MARU in the vicinity of Bikini Atoll at the time of an atomic explosion At lea st two of the fishermen are seriously injured and the l00 000 ton boat is for the moment contaminated The 20 thousand pounds of fish aboard was contaminated and 16 000 pounds sold in Japanese ports before arrival in Tokyo The remainder of the fish was successfully segregated in Tokyo with the exception of 100 pounds of tuna and 80 pounds of shark United States liability under the U S Federal Tort Claims was discussed and it was noted that administrative adjustment of claims under that act is limited to $1 000 Also that the Act does not apply to uany claim arising in foreign countcytto It was noted that Bikini is part of the Trust Territory Mr Wells indicated that it was the thought of the Atomic Energy Commission that it might be politically desirable to settle Japanese claims independently of legal liability and asked if there were any funds available whicl · could be used to compensate the injured crew members He stated that this' question was the essential purpose of his visit to the State Department Mr Snow took the question under advisement - ' 22 B5 0 'co i V NO qSl q3L DECLASSIFIED I Authority • i ' - 2 - In the afternoon Mr Snow conferred with Mr English who agreed that the question should be answered if possible and who stated that U S liability in international law for injury to aliens occasioned by the acts of its agents was not limited to the liability provided in the Tort Claims Act Mr Snow inquired of Mr Lyerly L A as to the appropriation available Mr Snow conferred with Mr • t79rly and ascertained that there was a fund provided for ttemergencies in the diplomatic and consular services1t for which an appropriation had been made of a million dollars He called Mr Wailes A who is in charge of the appropriation of this fund and ascertained that in Mr Wailei opinion compensation to the crew members might be appropriately paid from this fund but that not more than 25 or 30 thousand dollars would be available for that purpose He also said that the expenditure would be dependent upon touching base with Senator Bridges and Representative Taber The fund is commonly used for the repatriation of destitute Americans abroad and for injuries done by official cars abroad Mr Snow called Mr Hopkins of the White House and ascertained from him that the President had a fund called Emergency Fund National Defensett provided in the budget for the fiscal year 1954 to enable the President to provide for emergencies affecting the ttnational interest security or defensett See the Independent Office Appropriation Bill Mr Hopkins said that this fund was expended on the recommendation of the Director of the Bureau of the Budget Although he would not set a limit to the amount that might be available under this fund he said that it would be many times the maximum set by Mr Wailes for the State Department fund Mr Snow conveyed the above information by telephone to Mr Wells at 3 45 p m and also to Mr Hawley by personal conference Mr Spiegel was not available but Mr Hawley agreed to notify him of the conversation Later in the afternoon Mr Wells called to request Mr Snow to go with him to the White House to see if we could not ascertain more definitely the amount available in the President's fund for the purpose in question Mr Snow replied that he thought such an approach undesirable since the White House had already informed him that the recommendations shouJ d come through the Director of the Bureau of the Budget and suggested that the approach be made to the Director by Mr Wells in company with an appropriate officer of the policy making branch of the State Department charged with Far Eastern Affairs He suggested that Mr Wells get in touch with Mr Haw y On the morning of March lB Mr Wells called to say that it had been decided in the Atomic Energy Commission in conjunction withMr Hawley that a telegram should be sent to Ambassador Allison stating in substance that after the necessary i r ivestigation as to the facts the U S would see that appropriate compensation was made to the injured parties A copy of this telegram will be secured and attached to this memorandum C-see 28 u s c Sec 2672 and 2680 Supplement V J 1 L L FE CESnow lml A 3-17-54 3-18-54 VV - 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