A-18947, JULY 2, 1927, 7 COMP. GEN. 3

A-18947: Jul 2, 1927

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THOUGH SUCH DISCHARGE WAS THE RESULT OF HIS OWN MISCONDUCT. THE VESSEL ON WHICH HE WAS RETURNED BOTH BELONGED TO CLAIMANT COMPANY. JOHNS WAS DISCHARGED AT GENOA. THAT ON THE SAME DAY HE WAS SENT TO THE HOSPITAL SUFFERING WITH VENEREAL DISEASE. WERE LEFT WITH THE AMERICAN CONSUL. WAS DISCHARGED BEFORE A CONSULAR OFFICER. - EVEN WHERE THE DISCHARGE WAS THE RESULT OF HIS OWN MISCONDUCT.

A-18947, JULY 2, 1927, 7 COMP. GEN. 3

SEAMEN - DISCHARGED AMERICAN - TRANSPORTATION THE DISCHARGE BEFORE A CONSULAR OFFICER OF AN AMERICAN SEAMAN, WITH HIS CONSENT, THOUGH SUCH DISCHARGE WAS THE RESULT OF HIS OWN MISCONDUCT, DOES NOT RELIEVE THE OWNER OF THE VESSEL IN WHOSE SERVICE HE BECAME DISABLED FROM LIABILITY FOR HIS RETURN TO THE UNITED STATES DURING OR IMMEDIATELY FOLLOWING RECOVERY FROM SAID DISABILITY.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 2, 1927:

THE DOLLAR STEAMSHIP LINE, BY LETTER OF JUNE 7, 1927, FORWARDING COPY OF THE LOG OF THE S.S. PRESIDENT GARFIELD, REQUESTED FURTHER CONSIDERATION OF ITS CLAIM IN THE SUM OF $20.50 FOR THE TRANSPORTATION OF ARTHUR L. JOHNS, DESTITUTE AMERICAN SEAMAN, FROM GENOA, ITALY, TO NEW YORK CITY, NOVEMBER 3 TO 21, 1925, VIA S.S. PRESIDENT POLK, SAID CLAIM HAVING BEEN DISALLOWED BY SETTLEMENT OF MARCH 30, 1926, BECAUSE THE VESSEL ON WHICH HE HAD LAST SERVED, THE PRESIDENT GARFIELD, AND THE VESSEL ON WHICH HE WAS RETURNED BOTH BELONGED TO CLAIMANT COMPANY. THE COPY OF LOG SUBMITTED SHOWS THAT SEAMAN ARTHUR L. JOHNS WAS DISCHARGED AT GENOA, AUGUST 11, 1925, AND THAT ON THE SAME DAY HE WAS SENT TO THE HOSPITAL SUFFERING WITH VENEREAL DISEASE; ALSO THAT HIS WAGES, $38.43, WERE LEFT WITH THE AMERICAN CONSUL. IT ALSO APPEARS THAT THE SEAMAN CONSENTED TO HIS DISCHARGE.

THE FACT THAT A SEAMAN CONSENTED TO HIS DISCHARGE, AND WAS DISCHARGED BEFORE A CONSULAR OFFICER--- EVEN WHERE THE DISCHARGE WAS THE RESULT OF HIS OWN MISCONDUCT--- DOES NOT RELIEVE THE OWNER OF THE VESSEL IN WHOSE SERVICE HE BECAME DISABLED FROM LIABILITY FOR HIS RETURN TO THE UNITED STATES DURING OR IMMEDIATELY FOLLOWING RECOVERY FROM SAID DISABILITY. SEE IN THIS CONNECTION 4 COMP. GEN. 118, 252; 5 ID. 623, 814; A-12486, DATED FEBRUARY 2, 1927.