A-16831, JANUARY 13, 1927, 6 COMP. GEN. 468

A-16831, JANUARY 13, 1927, 6 COMP. GEN. 468

SEAMEN, DESTITUTE AMERICAN - RELIEF WHERE AN AMERICAN SEAMAN VOLUNTARILY LEFT A UNITED STATES MARINE HOSPITAL WHERE HE WAS RECEIVING THE RELIEF AUTHORIZED BY LAW, AND EMBARKED AS A PASSENGER ON A VOYAGE TO A FOREIGN COUNTRY, ARRIVING THERE IN A DESTITUTE CONDITION, HE IS ENTITLED TO NO RELIEF AS A DESTITUTE AMERICAN SEAMAN IN A FOREIGN COUNTRY, HIS STATUS BEING MERELY THAT OF A DESTITUTE AMERICAN CITIZEN FOR WHOM NO RELIEF OR AID FROM PUBLIC FUNDS IS AUTHORIZED BY LAW. (AFFIRMED BY 6 COMP. GEN. 653.)

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, JANUARY 13, 1927:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 24, 1926, FILE NO. FA- 358.1115, DYBVIK, EINAR, TRANSMITTING COPIES OF DISPATCHES FROM THE AMERICAN CONSULS AT GOTEBORG, SWEDEN, AND TRIESTE, ITALY, DATED NOVEMBER 23 AND NOVEMBER 27, 1926, RESPECTIVELY, WITH REQUEST FOR DECISION AS TO WHETHER PAYMENT IS AUTHORIZED FROM THE APPROPRIATION FOR THE RELIEF AND PROTECTION OF AMERICAN SEAMEN FOR THE HOSPITAL TREATMENT FURNISHED ONE EINAR DYBVIK BY THE "ALLMANNA OCH SAHLGRENSKA SJUKHUSET," A HOSPITAL IN GOTEBORG, UNDER THE FOLLOWING CIRCUMSTANCES:

ON JULY 26, 1926, THE THEN CONSUL AT GOTEBORG RECEIVED A LETTER FROM THE "SVENSKA AMERIKA LINJON," A LOCAL STEAMSHIP LINE, STATING THAT A PASSENGER, EINAR DYBVIK, WHO HAD ARRIVED IN GOTEBORG ON JULY 5, 1926, ON THE STEAMSHIP DROTTNINGHOLM WAS ADMITTED TO THE ABOVE-NAMED HOSPITAL AND EXPRESSING THE SUPPOSITION THAT THE CONSUL WOULD PAY HIS EXPENSES AS HE WAS DESTITUTE AND IN POSSESSION OF AN AMERICAN PASSPORT. THE CONSUL REPLIED, DECLINING TO ASSUME ANY RESPONSIBILITY FOR THE HOSPITAL EXPENSES OF DYBVIK, AND STATING THAT THE CONSULATE COULD ASSUME NO FINANCIAL RESPONSIBILITY ON BEHALF OF AMERICAN CITIZENS. FURTHER INVESTIGATION OF THE CASE WAS MADE AND IT WAS ASCERTAINED THAT THE PATIENT WAS A NATURALIZED AMERICAN CITIZEN OF NORWEGIAN BIRTH; THAT HE HAD AN AMERICAN PASSPORT ISSUED IN OCTOBER, 1922, AND A MASTER'S CERTIFICATE ISSUED BY THE UNITED STATES DEPARTMENT OF COMMERCE ON JULY 14, 1921; THAT HE HAD BEEN DISCHARGED FROM UNITED STATES MARINE HOSPITAL NO. 14, NEW ORLEANS, LA., ON JULY 7, 1926, AT HIS OWN REQUEST, HAVING RECEIVED TREATMENT AT SAID HOSPITAL FROM APRIL 8, 1926, TO THE DATE OF HIS DISCHARGE; AND THAT HIS LAST SERVICE AS A SEAMAN WAS TERMINATED ON FEBRUARY 15, 1926, OR ABOUT TWO MONTHS BEFORE HIS ADMISSION TO THE MARINE HOSPITAL. UPON THESE FACTS THE CONSUL ASSUMED RESPONSIBILITY FOR HIS TREATMENT ON THE GROUND THAT HE WAS A DESTITUTE AMERICAN SEAMAN AND AS SUCH ENTITLED TO THE BENEFITS PROVIDED FOR IN SECTION 4577, REVISED STATUTES, READING AS FOLLOWS:

IT SHALL BE THE DUTY OF THE CONSULS, VICE-CONSULS, COMMERCIAL AGENTS, AND VICE-COMMERCIAL AGENTS, FROM TIME TO TIME, TO PROVIDE FOR THE SEAMEN OF THE UNITED STATES, WHO MAY BE FOUND DESTITUTE WITHIN THEIR DISTRICTS, RESPECTIVELY, SUFFICIENT SUBSISTENCE AND PASSAGES TO SOME PORT IN THE UNITED STATES, IN THE MOST REASONABLE MANNER, AT THE EXPENSE OF THE UNITED STATES, SUBJECT TO SUCH INSTRUCTIONS AS THE SECRETARY OF STATE SHALL GIVE. THE SEAMEN SHALL, IF ABLE, BE BOUND TO DO DUTY ON BOARD THE VESSELS IN WHICH THEY MAY BE TRANSPORTED, ACCORDING TO THEIR SEVERAL ABILITIES.

THE ACCOUNT OF THE HOSPITAL FOR THE SERVICES RENDERED DYBVIK WAS PRESENTED TO THE SUCCESSOR OF THE CONSUL WHO ASSUMED RESPONSIBILITY FOR THE HOSPITALIZATION OF DYBVIK AND PAYMENT THEREOF WAS REFUSED FOR THE REASON THAT SUCH EXPENSES WERE NOT DEEMED TO BE A PROPER CHARGE AGAINST THE CONSULATE SINCE DYBVIK WAS NOT IN THE STATUS OF A DESTITUTE AMERICAN SEAMAN WITHIN THE MEANING OF THE STATUTES PROVIDING FOR THE RELIEF OF SUCH SEAMEN. THE APPROPRIATION SOUGHT TO BE CHARGED WITH THE EXPENSES HERE IN QUESTION READS AS FOLLOWS:

FOR RELIEF AND PROTECTION OF AMERICAN SEAMEN IN FOREIGN COUNTRIES, IN THE PANAMA CANAL ZONE, AND IN THE PHILIPPINE ISLANDS, AND SHIPWRECKED AMERICAN SEAMEN IN THE TERRITORY OF ALASKA, IN THE HAWAIIAN ISLANDS, IN PORTO RICO, AND IN THE VIRGIN ISLANDS, $125,000. (44 STAT. 334.)

IN A DECISION OF JUNE 27, 1922, 1 COMP. GEN. 761, IT WAS SAID:

THE PURPOSE OF THE STATUTE IN QUESTION (SECTION 4577) WAS TO PROMOTE SERVICE IN THE UNITED STATES MERCHANT MARINE BY PROVIDING RELIEF FOR AMERICAN SEAMEN WHO MIGHT BECOME DESTITUTE AS A RESULT OF THEIR CALLING AND BY RETURNING SAID SEAMEN TO THE UNITED STATES IN ORDER THAT THEY MIGHT AGAIN ENGAGE IN THE SERVICE OF THE UNITED STATES MERCHANT MARINE. WHILE IT IS NOT NECESSARY IN ORDER TO OBTAIN THE RELIEF THAT THE SEAMEN'S LAST EMPLOYMENT BEFORE APPLICATION FOR RELIEF BE AS A SEAMAN ON AN AMERICAN VESSEL, YET IT CAN NOT BE ASSUMED THAT IT WAS THE INTENT OR PURPOSE OF THE LAW THAT A PERSON WHO HAD ONCE BEEN A SEAMAN OF THE UNITED STATES SHOULD FOREVER THEREAFTER, UPON BECOMING DESTITUTE, BE ENTITLED TO THE RELIEF PROVIDED. * * *

THE RELIEF, SUCH AS HOSPITAL CARE AND SUBSISTENCE, WHICH CONSULAR OFFICERS ARE AUTHORIZED TO FURNISH DESTITUTE AMERICAN SEAMEN IS SUCH ONLY AS MAY BE NECESSARY PENDING THEIR RETURN TO THE UNITED STATES "AT THE EARLIEST PRACTICABLE DATE.' 2 COMP. GEN. 439: 4 ID. 252. SEE ALSO 2 COMP. GEN. 150, IN WHICH IT WAS HELD:

* * * THE APPROPRIATION FOR RELIEF AND PROTECTION OF AMERICAN SEAMEN IN FOREIGN COUNTRIES IS NOT AVAILABLE FOR EXPENSES OF SUBSISTENCE AND TREATMENT IN A FOREIGN COUNTRY FOR ANY PERIOD SUBSEQUENT TO THE DATE ON WHICH THE SEAMAN COULD, WITH REASONABLE REGARD FOR HIS SAFETY, BE RETURNED TO A PORT IN THE UNITED STATES.

IN THE INSTANT CASE THE SEAMAN VOLUNTARILY LEFT THE UNITED STATES MARINE HOSPITAL WHERE HE WAS RECEIVING THE RELIEF AUTHORIZED BY LAW AND EMBARKED AS A PASSENGER ON A VOYAGE TO A FOREIGN COUNTRY, ARRIVING THERE IN A DESTITUTE CONDITION. UNDER SUCH CIRCUMSTANCES HE WAS ENTITLED TO NO RELIEF AS A DESTITUTE AMERICAN SEAMAN IN A FOREIGN COUNTRY.

UPON THE FACTS PRESENTED I AM CONSTRAINED TO HOLD THAT THE STATUS OF DYBVIK, WHEN THE HOSPITAL EXPENSES HERE IN QUESTION WERE INCURRED, WAS MERELY THAT OF A DESTITUTE AMERICAN CITIZEN FOR WHOM NO RELIEF OR AID FROM PUBLIC FUNDS IS AUTHORIZED BY LAW.