A-59195, JANUARY 4, 1935, 14 COMP. GEN. 519

A-59195: Jan 4, 1935

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WERE TRANSPORTED AS STOWAWAYS TO VANCOUVER. NOR THE FACT THAT THE MEN WERE DESERTERS FROM THE MARINE CORPS IMPOSED ANY OBLIGATION ON THE UNITED STATES WITH RESPECT TO THE TRANSPORTATION OF THE MEN FROM HONOLULU TO VANCOUVER. THE FACTS IN THIS CASE APPEAR TO BE AS FOLLOWS: ON OCTOBER 4 TWO STOWAWAYS WERE FOUND ON THE S.S. THE MEN BEING DISCOVERED ON BOARD WITHOUT TICKETS WHEN THEY ATTEMPTED TO HAVE DINNER IN THE THIRD CLASS DINING SALOON THE FIRST NIGHT OUT. SENT THE FOLLOWING MESSAGE TO THE EMPRESS OF JAPAN: "IT IS REQUESTED THAT PRIVATES EDWARD ODAS KIRBY AND DANTE MAMMINI MARINE CORPS. HAVE REQUEST FROM COMMANDING GENERAL DEPARTMENT. WILL YOU ARRANGE TRANSPORTATION AND GUARD FROM VICTORIA?

A-59195, JANUARY 4, 1935, 14 COMP. GEN. 519

TRANSPORTATION OF DESERTERS OR STRAGGLERS, UNITED STATES MARINE CORPS, AS STOWAWAYS WHERE STRAGGLERS OR DESERTERS FROM THE U.S. MARINE CORPS SECRETED THEMSELVES ON A CANADIAN STEAMSHIP IN THE PORT OF HONOLULU, T.H., AND WERE TRANSPORTED AS STOWAWAYS TO VANCOUVER, B.C., AND FROM THENCE DELIVERED BY THE CANADIAN IMMIGRATION AUTHORITIES UNDER GUARD TO MARINE CORPS AUTHORITIES AT SEATTLE, WASHINGTON, NEITHER THE REQUEST OF THE MARINE CORPS TO DIRECT THE MEN TO PROCEED TO BREMERTON, WASHINGTON, AT THEIR OWN EXPENSE, NOR THE FACT THAT THE MEN WERE DESERTERS FROM THE MARINE CORPS IMPOSED ANY OBLIGATION ON THE UNITED STATES WITH RESPECT TO THE TRANSPORTATION OF THE MEN FROM HONOLULU TO VANCOUVER; HOWEVER, THE STEAMSHIP COMPANY MAY BE REIMBURSED EXPENSES INCURRED IN DELIVERING THE MEN UNDER GUARD, VANCOUVER TO SEATTLE, FROM THE APPROPRIATION "GENERAL EXPENSES, MARINE CORPS.'

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JUNE 4, 1935:

BY YOUR SECOND ENDORSEMENT DECEMBER 7, 1934, THERE HAS BEEN RECEIVED THE REQUEST OF THE QUARTERMASTER, MARINE CORPS HEADQUARTERS, FOR ADVANCE DECISION AS TO THE AUTHORITY TO PAY FROM THE APPROPRIATION "GENERAL EXPENSES, MARINE CORPS, 1935" THE CLAIM OF THE CANADIAN PACIFIC STEAMSHIPS, LTD., IN THE AMOUNT OF $154.92 AS REIMBURSEMENT FOR EXPENSES INCURRED BY CLAIMANT IN CONNECTION WITH TRANSPORTATION FROM HONOLULU, T.H., TO VANCOUVER, B.C., OF TWO ENLISTED MEN OF THE MARINE CORPS UNDER CIRCUMSTANCES SET OUT BY THE MAJOR GENERAL COMMANDANT IN FIRST ENDORSEMENT AS FOLLOWS:

1. THE FACTS IN THIS CASE APPEAR TO BE AS FOLLOWS: ON OCTOBER 4 TWO STOWAWAYS WERE FOUND ON THE S.S. EMPRESS OF JAPAN, EN ROUTE FROM HONOLULU TO VANCOUVER, THE MEN BEING DISCOVERED ON BOARD WITHOUT TICKETS WHEN THEY ATTEMPTED TO HAVE DINNER IN THE THIRD CLASS DINING SALOON THE FIRST NIGHT OUT. THE STOWAWAYS TURNED OUT TO BE PRIVATES DANTE MAMMINI, AWOL, AND EDWARD O. KIRBY, AWOL, FROM MARINE BARRACKS, PEARL HARBOR.

2. THE EMPRESS OF JAPAN NOTIFIED HONOLULU OCTOBER 5; PEARL HARBOR NOTIFIED THE DEPARTMENT OF THE PACIFIC; DEPARTMENT OF THE PACIFIC ASKED HEADQUARTERS FOR INSTRUCTIONS, AND THEN ON OCTOBER 6, SENT THE FOLLOWING MESSAGE TO THE EMPRESS OF JAPAN:

"IT IS REQUESTED THAT PRIVATES EDWARD ODAS KIRBY AND DANTE MAMMINI MARINE CORPS, REPORTED AS STOWAWAYS ON YOUR VESSEL, BE DIRECTED TO PROCEED MARINE BARRACKS, BREMERTON, WASH., AT OWN EXPENSE AND REPORT TO COMMANDING OFFICER.'

3. THE SHIP ON OCTOBER 6 THEN SENT THE FOLLOWING MESSAGE TO THE COMMANDING OFFICER, MARINE BARRACKS, BREMERTON:

"TWO PRIVATES, MARINE CORPS, EDWARD KIRBY AND DANTE MAMMINI, DESERTERS FROM HONOLULU AND STOWAWAYS, ON BOARD HERE. HAVE REQUEST FROM COMMANDING GENERAL DEPARTMENT, SAN FRANCISCO, THAT THESE MEN SHOULD PROCEED BREMERTON AT OWN EXPENSE. MEN WITHOUT MEANS. WILL YOU ARRANGE TRANSPORTATION AND GUARD FROM VICTORIA? WE ARE DUE THERE AT 7 TUESDAY MORNING.'

4. NO ESCORT WAS PROVIDED AT VICTORIA, AND THE MEN WERE TAKEN THROUGH TO THE PORT OF VANCOUVER, WHERE THEY WERE TURNED OVER TO THE IMMIGRATION AUTHORITIES. THE IMMIGRATION AUTHORITIES DELIVERED THEM TO THE RECRUITING STATION, SEATTLE, OCTOBER 8.

5. THE AMERICAN CONSUL GENERAL AT VANCOUVER NOW SENDS IN BILL OF THE CANADIAN PACIFIC STEAMSHIPS, LTD., FOR TRANSPORTATION OF THE MEN FROM HONOLULU TO VANCOUVER, $130; WIRELESS TELEGRAMS, $4.92; IMMIGRATION MAINTENANCE, $4.50; AND EXPENSE OF DELIVERY, VANCOUVER TO SEATTLE, $15.50, A TOTAL OF $154.92.

6. WHILE THE TRANSPORTATION FURNISHED THESE MEN WAS NOT REQUESTED OR AUTHORIZED BY THE MARINE CORPS, THE STEAMSHIP COMPANY, WHEN IT LEARNED THE IDENTITY OF THE MEN, FURNISHED THEM WITH ACCOMMODATIONS AND HAD THEM DELIVERED TO THE MARINE CORPS. IT IS CONSIDERED THAT FOR THE GOOD NAME OF THE MARINE CORPS THE COMPANY SHOULD BE REIMBURSED.

7. IT IS REQUESTED THAT THESE PAPERS BE FORWARDED TO THE COMPTROLLER GENERAL WITH THE REQUEST FOR ADVANCE DECISION BEFORE PAYMENT IS MADE AS TO THE LEGALITY OF SUCH PAYMENT, AND PARTICULARLY AS TO THE AVAILABILITY OF THE APPROPRIATION "GENERAL EXPENSES, MARINE CORPS," IN VIEW OF THE FACT THAT THE VESSELS UPON WHICH TRANSPORTATION WAS FURNISHED WERE OF FOREIGN REGISTER.

THE TRANSPORTATION OF THE MEN WAS NOT AND, IN VIEW OF SECTION 601 OF THE MERCHANT MARINE ACT, COULD NOT HAVE BEEN AUTHORIZED BY ANY OFFICIAL OF THE MARINE CORPS. APPARENTLY CLAIMANT RENDERED NO SERVICE WITH RESPECT TO THE TRANSPORTATION OF THESE MEN FROM HONOLULU TO VANCOUVER, OTHER THAN AS STOWAWAYS. THE REQUEST OF THE MARINE CORPS TO DIRECT THE MEN TO PROCEED TO MARINE BARRACKS, BREMERTON, WASH., AT THEIR OWN EXPENSE, IMPOSED ON THE UNITED STATES NO OBLIGATION WITH RESPECT TO THE TRANSPORTATION OF THE STOWAWAYS. IT SEEMS THE STEAMSHIP AUTHORITIES COULD NOT HAVE DONE OTHERWISE THAN TO TURN THE MEN OVER TO THE IMMIGRATION AUTHORITIES AT VANCOUVER AT THEIR OWN EXPENSE. THE FACT THAT THE STOWAWAYS WERE ALSO DESERTERS FROM THE MARINE CORPS GIVES NO BASIS FOR PAYING FOR THEIR PASSAGE.

SECTION 16-19, MARINE CORPS MANUAL, AUTHORIZES OFFICERS OF THE MARINE CORPS, IN CERTAIN CIRCUMSTANCES, TO FURNISH DESERTERS OR STRAGGLERS FROM THE MARINE CORPS WHO ARE WITHOUT NECESSARY FUNDS TRANSPORTATION TO RETURN TO THEIR PROPER STATION, THE COST OF WHICH TO BE DEDUCTED FROM THE MEN'S PAY.

IN THE CIRCUMSTANCES APPEARING, UPON PROPER APPROVAL BY YOU, ITEMS IN THE CLAIM COVERING EXPENSES FOR WIRELESS TELEGRAMS. $4.92; IMMIGRATION MAINTENANCE, $4.50; AND EXPENSES OF DELIVERY OF THE MEN UNDER GUARD, VANCOUVER TO SEATTLE, $15.50; TOTAL $24.92, MAY BE PAID UNDER THE APPROPRIATION "GENERAL EXPENSES, MARINE CORPS, 1935.'