A-58455, DECEMBER 31, 1934, 14 COMP. GEN. 493

A-58455: Dec 31, 1934

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IN WHICH IT IS PROVIDED THAT THE MASTER OR THOSE CLAIMING UNDER HIM SHALL BE ENTITLED TO THE PAYMENT OF A CERTAIN AMOUNT FOR THE TRANSPORTATION OF AN ALLEGED AMERICAN SEAMAN TO THE UNITED STATES UPON PRESENTATION OF AN INDORSEMENT BY THE COLLECTOR OF CUSTOMS AT THE PORT OF DESTINATION IN THE UNITED STATES. NO PAYMENT OF ANY PART OF THE COMPENSATION PROVIDED FOR IN THE CERTIFICATE IS AUTHORIZED WHERE THE SEAMAN LEFT THE SHIP BEFORE REACHING THE UNITED STATES. 1934: THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF THE EXPORT STEAMSHIP CORPORATION FOR $60.74. THAT IS. WAS $104. THAT THE DISTANCE OF SAID VOYAGE WAS 5. EXILOMA WAS AT GENOA. INVESTIGATION BY THE AMERICAN CONSULATE GENERAL AT GENOA APPEARS TO ESTABLISH THAT HE WAS AMONG THE PASSENGERS OF THE VESSEL WHEN IT REACHED THAT PORT.

A-58455, DECEMBER 31, 1934, 14 COMP. GEN. 493

TRANSPORTATION - DESTITUTE AMERICAN SEAMAN UNDER A CONSULAR CERTIFICATE BETWEEN AN AMERICAN CONSUL AND THE MASTER OF A VESSEL, IN WHICH IT IS PROVIDED THAT THE MASTER OR THOSE CLAIMING UNDER HIM SHALL BE ENTITLED TO THE PAYMENT OF A CERTAIN AMOUNT FOR THE TRANSPORTATION OF AN ALLEGED AMERICAN SEAMAN TO THE UNITED STATES UPON PRESENTATION OF AN INDORSEMENT BY THE COLLECTOR OF CUSTOMS AT THE PORT OF DESTINATION IN THE UNITED STATES, CERTIFYING THAT THE SEAMAN HAD ARRIVED AT SAID PORT, NO PAYMENT OF ANY PART OF THE COMPENSATION PROVIDED FOR IN THE CERTIFICATE IS AUTHORIZED WHERE THE SEAMAN LEFT THE SHIP BEFORE REACHING THE UNITED STATES.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 31, 1934:

THERE IS FOR CONSIDERATION BY THIS OFFICE THE CLAIM OF THE EXPORT STEAMSHIP CORPORATION FOR $60.74, COVERING TRANSPORTATION OF HOBART J. EVANS, ALLEGED DESTITUTE AMERICAN SEAMAN, FROM ISTANBUL, TURKEY, TO GENOA, ITALY, ON THE S.S. EXILOMA, FROM MARCH 16 TO APRIL 7, 1933.

THE RECORD SHOWS THAT ON MARCH 16, 1933, THE AMERICAN VICE CONSUL AT ISTANBUL ACCEPTED FOR REPATRIATION THE ALLEGED SEAMAN AS A CONSULAR PASSENGER, AND ON CONSULAR FORM NO. 24 CONTRACTED WITH THE MASTER OF THE S.S. EXILOMA, AN AMERICAN VESSEL, OWNED BY THE CLAIMANT COMPANY, TO TRANSPORT HOBART J. EVANS, FROM ISTANBUL, TURKEY, TO NEW YORK, N.Y., FOR THE SUM OF $100. THE CONTRACT SETS FORTH THAT THE REGULAR CHARGE FOR STEERAGE PASSAGE, OR THE LOWEST RATE ON SUCH VESSEL BETWEEN THE PORTS VIA THE ROUTE ESTABLISHED FOR THE VOYAGE; THAT IS, VIA MEDITERRANEAN, GIBRALTAR, AND ATLANTIC, WAS $104, AND THAT THE DISTANCE OF SAID VOYAGE WAS 5,100 STATUTE MILES.

THE MASTER OF THE VESSEL ASSERTS THAT WHILE THE S.S. EXILOMA WAS AT GENOA, ITALY, APRIL 7, 1933, EN ROUTE TO NEW YORK, EVANS LEFT THE SHIP WITH ALL HIS BELONGINGS. INVESTIGATION BY THE AMERICAN CONSULATE GENERAL AT GENOA APPEARS TO ESTABLISH THAT HE WAS AMONG THE PASSENGERS OF THE VESSEL WHEN IT REACHED THAT PORT.

THE CLAIM OF THE STEAMSHIP COMPANY SUBMITTED TO THE DEPARTMENT OF STATE MAY 3, 1933, IS AS FOLLOWS:

TO TRANSPORTATION OF HOBART J. EVANS, FROM ISTANBUL TO GENOA, VIA PIRAEUS, MITYLENE, IZMIR, HAIFA, SUSA, AND LEGHORN, AS PER CONSULAR CERTIFICATE AND STATEMENT OF MASTER ATTACHED HERETO--- 3,037 MILES AT 2 CENTS PER MILE, $60.74.

THE CONSULAR CERTIFICATE UPON WHICH THE MASTER OF THE S.S. EXILOMA UNDERTOOK TO TRANSPORT THE ALLEGED DESTITUTE AMERICAN SEAMAN TO THE PORT OF NEW YORK, N.Y., FOR $100, STATES THAT THE AMERICAN VICE CONSUL AT ISTANBUL, TURKEY---

* * * AGREED WITH SAID MASTER THAT, ON CONDITION OF THE PRESENTATION OF THIS CERTIFICATE TO THE DEPARTMENT OF STATE, BEARING THE INDORSEMENT OF THE COLLECTOR OF CUSTOMS AT THE PORT AFORESAID THAT THE SEAMEN HEREIN LISTED HAVE ARRIVED IN SAID VESSEL WITHIN HIS DISTRICT, AND, THE CLAIM ON THE REVERSE SIDE HEREOF BEING PROPERLY EXECUTED AND SUPPORTED, HE OR HIS ASSIGNS SHALL BE ENTITLED TO RECEIVE THE SUM OF ONE HUNDRED DOLLARS * * * FOR EACH SEAMAN, * * *.

UNDER THIS PROVISION OF THE CERTIFICATE THE PRESENTATION OF THE INDORSEMENT OF THE COLLECTOR OF CUSTOMS AT NEW YORK THAT THE SEAMAN HAD ARRIVED IS A CONDITION PRECEDENT TO ENTITLING THE MASTER OR THE STEAMSHIP COMPANY CLAIMING UNDER HIM TO THE COMPENSATION PROVIDED FOR IN THE CERTIFICATE, OR ANY PART THEREOF. MANIFESTLY THE CONTRACT WITH THE MASTER WAS FOR THE REPATRIATION OF THE ALLEGED DESTITUTE SEAMAN, AND SINCE IT APPEARS FROM THE RECORD THAT SAID SEAMAN WAS NEVER TRANSPORTED TO THE UNITED STATES BUT LEFT THE SHIP AT GENOA, ITALY, THERE IS A FAILURE OF COMPLIANCE WITH THE TERMS OF THE AGREEMENT, AND THE INDORSEMENT OF THE COLLECTOR OF CUSTOMS AT NEW YORK CANNOT BE OBTAINED AND FURNISHED. SUCH CIRCUMSTANCES THERE IS NO AUTHORITY UNDER THE CERTIFICATE TO PAY ANY PART OF THE COMPENSATION WHICH IT PROVIDES, AND, ACCORDINGLY, THE CLAIM MUST BE, AND IS, DISALLOWED.