A-6741, JANUARY 27, 1925, 4 COMP. GEN. 632

A-6741: Jan 27, 1925

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DESTITUTE AMERICAN - TRANSPORTATION TO THE UNITED STATES - UNITED STATES SHIPPING BOARD THE COST OF TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES ON THE VESSEL ON WHICH THEY LAST SERVED OR ON VESSELS BELONGING TO THE SAME COMPANY IS NOT CHARGEABLE TO THE APPROPRIATION MADE BY THE ACT OF JANUARY 3. IN THE ABSENCE OF EVIDENCE SHOWING AFFIRMATIVELY THAT THE OWNERS OF THE VESSEL ON WHICH THE SEAMAN LAST SERVED HAVE BEEN RELIEVED FROM ALL DUTY. IS NOT CHARGEABLE WITH THE TRANSPORTATION OF A DESTITUTE AMERICAN SEAMAN FROM A FOREIGN PORT TO THE UNITED STATES ON A UNITED STATES SHIPPING BOARD VESSEL OPERATED BY AN AGENT. AS THE AGENT MAY HAVE INCURRED IN FULFILLING THE OBLIGATION OF ITS PRINCIPAL (THE SHIPPING BOARD) IS FOR ADJUSTMENT BETWEEN THE AGENT AND THE PRINCIPAL.

A-6741, JANUARY 27, 1925, 4 COMP. GEN. 632

SEAMEN, DESTITUTE AMERICAN - TRANSPORTATION TO THE UNITED STATES - UNITED STATES SHIPPING BOARD THE COST OF TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES ON THE VESSEL ON WHICH THEY LAST SERVED OR ON VESSELS BELONGING TO THE SAME COMPANY IS NOT CHARGEABLE TO THE APPROPRIATION MADE BY THE ACT OF JANUARY 3, 1923, 42 STAT. 1072, IN THE ABSENCE OF EVIDENCE SHOWING AFFIRMATIVELY THAT THE OWNERS OF THE VESSEL ON WHICH THE SEAMAN LAST SERVED HAVE BEEN RELIEVED FROM ALL DUTY, RESPONSIBILITY, AND LIABILITY WITH RESPECT TO THE SEAMEN SO TRANSPORTED. THE APPROPRIATION MADE BY THE ACT OF JANUARY 3, 1923, 42 STAT. 1072, IS NOT CHARGEABLE WITH THE TRANSPORTATION OF A DESTITUTE AMERICAN SEAMAN FROM A FOREIGN PORT TO THE UNITED STATES ON A UNITED STATES SHIPPING BOARD VESSEL OPERATED BY AN AGENT, WHERE SAID SEAMAN HAD BEEN DISCHARGED FROM ANOTHER SHIPPING BOARD VESSEL OPERATED BY ANOTHER AGENT, IN THE ABSENCE OF EVIDENCE SHOWING AFFIRMATIVELY THAT THE SHIPPING BOARD, OWNER OF THE VESSEL ON WHICH THE SEAMAN LAST SERVED, HAD BEEN RELIEVED OF ALL DUTY, RESPONSIBILITY, AND LIABILITY WITH RESPECT TO SAID SEAMAN. SUCH EXPENSE, IF ANY, AS THE AGENT MAY HAVE INCURRED IN FULFILLING THE OBLIGATION OF ITS PRINCIPAL (THE SHIPPING BOARD) IS FOR ADJUSTMENT BETWEEN THE AGENT AND THE PRINCIPAL.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 27, 1925:

THE MUNSON STEAMSHIP LINE, OPERATING AGENT, HAS APPLIED FOR REVIEW OF SETTLEMENT 017360 DISALLOWING ITS CLAIM FOR PAY FOR THE TRANSPORTATION OF G. LANDEMAN, BERNARD CAPADONA, AND M. YOFFE FROM MONTEVIDEO, URUGUAY, TO NEW YORK, N.Y., JUNE 20 TO JULY 10, 1924, VIA THE STEAMSHIP SOUTHERN CROSS, OWNED BY THE UNITED STATES SHIPPING BOARD.

THE ACT OF JANUARY 3, 1923, 42 STAT. 1072, PROVIDES:

FOR RELIEF AND PROTECTION OF AMERICAN SEAMEN IN FOREIGN COUNTRIES, AND IN THE PANAMA CANAL ZONE, AND SHIPWRECKED AMERICAN SEAMEN IN THE TERRITORY OF ALASKA, IN THE HAWAIIAN ISLANDS, PORTO RICO, THE PHILIPPINE ISLANDS, AND THE VIRGIN ISLANDS, $200,000: PROVIDED, THAT HEREAFTER THE AMOUNT AGREED UPON BETWEEN THE CONSULAR OFFICER AND THE MASTER OF THE VESSEL IN EACH INDIVIDUAL CASE NOT IN EXCESS OF THE LOWEST PASSENGER RATE OF SUCH VESSEL AND NOT IN EXCESS OF 2 CENTS PER MILE, TOGETHER WITH SUCH ADDITIONAL COMPENSATION FOR TRANSPORTING SICK OR DISABLED SEAMEN AS IS NOW PROVIDED BY LAW, SHALL IN EACH CASE CONSTITUTE THE LAWFUL RATE FOR TRANSPORTATION ON STEAM VESSELS.

IT APPEARS THAT THE SEAMEN HAD LAST SERVED UPON THE STEAMSHIP WEST CACTUS, OWNED BY THE UNITED STATES SHIPPING BOARD, L. B. NEWMAN, SAN FRANCISCO, CALIF., OPERATING AGENT.

IN A SIMILAR QUESTION CONSIDERED BY THIS OFFICE IT WAS HELD IN 4 COMP. GEN. 118, QUOTING FROM THE SYLLABUS, THAT---

PAYMENT FOR TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES ON THE VESSEL ON WHICH THEY LAST SERVED OR ON VESSELS BELONGING TO THE SAME COMPANY IS NOT AUTHORIZED IN THE ABSENCE OF EVIDENCE SHOWING AFFIRMATIVELY THAT THE OWNERS OF THE VESSEL ON WHICH THE SEAMAN LAST SERVED HAVE BEEN RELIEVED FROM ALL DUTY, RESPONSIBILITY, AND LIABILITY WITH RESPECT TO THE SEAMAN SO TRANSPORTED.

FROM THE EVIDENCE NOW BEFORE THIS OFFICE IT DOES NOT APPEAR THAT THE GOVERNMENT IS UNDER ANY OBLIGATION TO THE CLAIMANT, AS OPERATING AGENT FOR THE UNITED STATES SHIPPING BOARD, ON ACCOUNT OF THE TRANSPORTATION FURNISHED TO THE SEAMEN DISCHARGED FROM ANOTHER VESSEL OWNED BY THE UNITED STATES SHIPPING BOARD.

IN THE ABSENCE OF EVIDENCE SHOWING AFFIRMATIVELY THAT THE UNITED STATES SHIPPING BOARD, OWNER OF THE VESSEL ON WHICH THE SEAMEN LAST SERVED, HAD BEEN RELIEVED OF ALL DUTY, RESPONSIBILITY, AND LIABILITY WITH RESPECT TO SAID SEAMEN, PAYMENT TO CLAIMANT COMPANY AS AGENT OF THE UNITED STATES SHIPPING BOARD FOR THE RETURN PASSAGE IS NOT AUTHORIZED.

SUCH EXPENSE, IF ANY, AS THE AGENT MAY HAVE INCURRED IN FULFILLING THE OBLIGATION OF ITS PRINCIPAL AND RESPECT TO THESE SEAMEN IS FOR ADJUSTMENT BETWEEN THE AGENT AND THE PRINCIPAL.