A-90785, FEBRUARY 3, 1938, 17 COMP. GEN. 629

A-90785: Feb 3, 1938

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ARE APPLICABLE ONLY TO AMERICAN OR FOREIGN BUILT VESSELS WHOLLY OWNED BY AMERICAN CITIZENS. BY WHICH THERE WAS DISALLOWED $8 OF THE ITEM OF $15 FOR TRANSPORTATION. - THE AFOREMENTIONED SEAMAN WAS REMOVED FROM SAID TRAWLER AT SEA. WHERE HE WAS TURNED OVER TO THE AMERICAN CONSULATE GENERAL. - THE CLAIMANTS ARE AUTHORIZED TO SUBMIT AN ITEMIZED CLAIM. THE CLAIM WAS ADMINISTRATIVELY APPROVED IN THE AMOUNT OF $25 AS CLAIMED. IN MATERIAL PART AS FOLLOWS: * * * THE OPINION OF THE MEDICAL OFFICER OF THE CHAMPLAIN WAS THAT PLUMMER WAS SUFFERING FROM AN INFECTIOUS DISEASE. HE WAS NOT IN A CONDITION TO WORK AND IT WAS THOUGHT. THE NOTATION ON FORM 24 WAS INTENDED TO INDICATE THIS FACT. BECAUSE THE NECESSARY SCIENTIFIC TESTS TO DETERMINE THE PRECISE NATURE OF THE DISEASE WERE NOT MADE.

A-90785, FEBRUARY 3, 1938, 17 COMP. GEN. 629

TRANSPORTATION - DESTITUTE AMERICAN SEAMEN - STATUTORY TRANSPORTATION CHARGE APPLICABILITY TO VESSELS OF FOREIGN REGISTRY AND OWNERSHIP THE PROVISIONS OF THE ACT OF MAY 7, 1930, 46 STAT. 261, LIMITING THE CHARGE FOR TRANSPORTATION OF DESTITUTE SEAMEN TO THE UNITED STATES AS STATED THEREIN, ARE APPLICABLE ONLY TO AMERICAN OR FOREIGN BUILT VESSELS WHOLLY OWNED BY AMERICAN CITIZENS, AND NOT TO SUCH TRANSPORTATION BY A VESSEL OF FOREIGN REGISTRY AND OWNERSHIP UNDER A PROPER CONSULAR AGREEMENT.

DECISION BY ACTING COMPTROLLER GENERAL ELLIOTT, FEBRUARY 3, 1938:

THE JOHNSTON WARREN LINES, LTD., HAS, BY LETTER DATED OCTOBER 25, 1937, REQUESTED REVIEW OF SETTLEMENT DATED OCTOBER 11, 1937, BY WHICH THERE WAS DISALLOWED $8 OF THE ITEM OF $15 FOR TRANSPORTATION, WHICH, TOGETHER WITH AN ITEM OF $10 FOR SPECIAL CARE, COMPRISED ITS CLAIM FOR TRANSPORTATION OF FRED PLUMMER, A DESTITUTE AMERICAN SEAMAN, FROM HALIFAX, NOVA SCOTIA, TO BOSTON, MASS., PURSUANT TO CONSULAR CERTIFICATE AGREEMENT, DATED JUNE 4, 1937.

THE EVIDENCE ESTABLISHES THAT, AT THE REQUEST OF THE MASTER OF THE TRAWLER CORMORANT--- AN AMERICAN VESSEL OWNED BY THE OCEAN TRAWLING CO., OF BOSTON, MASS.--- THE AFOREMENTIONED SEAMAN WAS REMOVED FROM SAID TRAWLER AT SEA, ON ACCOUNT OF ILLNESS, BY THE UNITED STATES COAST GUARD CUTTER CHAMPLAIN AND BROUGHT TO HALIFAX, NOVA SCOTIA, WHERE HE WAS TURNED OVER TO THE AMERICAN CONSULATE GENERAL, WHO ENTERED INTO AN AGREEMENT ON JUNE 4, 1937, ON CONSULAR CERTIFICATE FORM NO. 24, WITH THE MASTER OF THE BRITISH S.S. NOVA SCOTIA--- NO AMERICAN VESSEL BEING AVAILABLE--- FOR TRANSPORTATION OF SAID SEAMAN FROM HALIFAX, NOVA SCOTIA, TO BOSTON, MASS., FOR THE SUM OF $15, PAYABLE UPON PRESENTATION TO THE DEPARTMENT OF STATE OF SAID CONSULAR CERTIFICATE, BEARING INDORSEMENT OF THE COLLECTOR OF CUSTOMS SHOWING SATISFACTORY COMPLIANCE WITH THE TERMS THEREOF.

THE CLAIM AS PRESENTED BY CLAIMANTS--- APPARENTLY AS AGENTS FOR THE OWNERS OF THE S.S. NOVA SCOTIA--- FOR THE AGREED ITEM OF $15 FOR TRANSPORTATION AND $10 FOR SPECIAL CARE--- EXAMINATION BY SHIP'S SURGEON, $5, AND CLEANSING, DISINFECTING ROOM, LINENS, ETC., $5--- CONTAINED THE REQUIRED CERTIFICATE, EXECUTED BY THE INSPECTOR OF CUSTOMS, BOSTON, MASS., JUNE 7, 1937, SHOWING THAT THE SEAMAN NAMED THEREIN HAD ON THAT DATE ARRIVED ON THE S.S. NOVA SCOTIA, AND THAT SAID SEAMAN HAD RECEIVED SPECIAL CARE ON THE VOYAGE BY REASON OF SICKNESS, FOR WHICH--- UNDER THE CONDITIONS OF SAID AGREEMENT DATED JUNE 4, 1937--- THE CLAIMANTS ARE AUTHORIZED TO SUBMIT AN ITEMIZED CLAIM.

THE CLAIM WAS ADMINISTRATIVELY APPROVED IN THE AMOUNT OF $25 AS CLAIMED, AND IN SUPPORT THEREOF THE AMERICAN CONSULATE GENERAL ADVISED THE SECRETARY OF STATE, JUNE 24, 1937, IN MATERIAL PART AS FOLLOWS:

* * * THE OPINION OF THE MEDICAL OFFICER OF THE CHAMPLAIN WAS THAT PLUMMER WAS SUFFERING FROM AN INFECTIOUS DISEASE. HE WAS NOT IN A CONDITION TO WORK AND IT WAS THOUGHT, BASING THE BELIEF ON THE OPINIONS OF THE MEDICAL OFFICERS OF THE CHAMPLAIN AND NOVA SCOTIA, BOTH OF WHOM EXAMINED HIM, THAT HE WOULD REQUIRE MEDICAL SUPERVISION ON THE TRIPTO BOSTON AND THAT DISINFECTION WOULD BE NECESSARY ON ARRIVAL. THE NOTATION ON FORM 24 WAS INTENDED TO INDICATE THIS FACT. BECAUSE THE NECESSARY SCIENTIFIC TESTS TO DETERMINE THE PRECISE NATURE OF THE DISEASE WERE NOT MADE, A DEFINITE STATEMENT WAS NOT POSSIBLE. THE NOTATION OUGHT, HOWEVER, TO HAVE BEEN MADE MORE EXPLICIT. THE CHARGE IS IN ACCORDANCE WITH THE CONSULATE GENERAL'S UNDERSTANDING AND IN VIEW OF THE CIRCUMSTANCES IS, IN MY OPINION, A REASONABLE ONE.

THE ACT OF MAY 7, 1930, 46 STAT. 261, AMENDING THE LAW GOVERNING TRANSPORTATION OF DESTITUTE SEAMEN TO THE UNITED STATES, PROVIDES IN MATERIAL PART:

ALL MASTERS OF VESSELS OF THE UNITED STATES AND BOUND TO SOME PORT OF THE SAME, ARE REQUIRED TO TAKE SUCH DESTITUTE SEAMEN ON BOARD THEIR VESSELS, AT THE REQUEST OF CONSULAR OFFICERS, AND TO TRANSPORT THEM TO THE PORT IN THE UNITED STATES TO WHICH SUCH VESSEL MAY BE BOUND, ON SUCH TERMS, * * * AND 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 SHALL IN EACH CASE CONSTITUTE THE LAWFUL RATE FOR TRANSPORTATION ON STEAM VESSELS; * * * EVERY SUCH MASTER WHO REFUSES TO RECEIVE AND TRANSPORT SUCH SEAMEN ON THE REQUEST OR ORDER OF SUCH CONSULAR OFFICER SHALL BE LIABLE TO THE UNITED STATES IN A PENALTY OF $100 FOR EACH SEAMAN SO REFUSED. * * *

REASONABLE COMPENSATION, IN ADDITION TO THE ALLOWANCES PROVIDED HEREIN, OR ANY ALLOWANCE NOW FIXED BY LAW, OR BY REGULATIONS NOW OR HEREAFTER ESTABLISHED IN ACCORDANCE WITH SECTION 1752 OF THE REVISED STATUTES OF THE UNITED STATES, MAY BE PAID FROM GENERAL APPROPRIATIONS FOR THE RELIEF AND PROTECTION OF AMERICAN SEAMEN, WHEN AUTHORIZED BY THE SECRETARY OF STATE, IN THE FOLLOWING CASES:

FIRST. IF ANY SUCH DESTITUTE SEAMAN IS SO DISABLED OR ILL AS TO BE UNABLE TO PERFORM DUTY, * * *.

SECTIONS 259 AND 281, CONSULAR REGULATIONS, ANNOTATED, PROVIDE IN PART WITH RESPECT TO RELIEF OF SEAMEN, AS FOLLOWS:

259. CONSULS TO RELIEVE DESTITUTE SEAMEN. IT IS THE DUTY OF CONSULAR OFFICERS, 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.--- 46 U.S.C. SEC. 678. THE PROVISIONS RESPECTING RELIEF APPLY TO AMERICAN SEAMEN ON AMERICAN OR FOREIGN BUILT VESSELS PURCHASED ABROAD AND WHOLLY OWNED BY AMERICAN CITIZENS IN THE SAME MANNER AS TO SEAMEN OF REGULARLY DOCUMENTED VESSELS.

281. * * *

CONSULAR OFFICERS MAY ALSO CONTRACT WITH MASTERS OF FOREIGN VESSELS AT REASONABLE RATES WHEN OPPORTUNITIES BY AMERICAN VESSELS DO NOT OFFER. THAT CASE THE REASONS FOR SUCH SHIPMENT AND THE PAYMENT OF INCREASED COMPENSATION SHOULD BE STATED IN THE TRANSPORTATION CERTIFICATE. * * *

IT IS CLEAR FROM THE QUOTED PROVISIONS OF THE ACT OF MAY 7, 1930, SUPRA, AND THE REGULATIONS ISSUED PURSUANT THERETO THAT SAID PROVISIONS ARE APPLICABLE ONLY TO AMERICAN OR FOREIGN BUILT VESSELS WHOLLY OWNED BY AMERICAN CITIZENS. THE EVIDENCE ESTABLISHES THAT NO VESSEL OF AMERICAN REGISTRY WAS AVAILABLE FOR THE SERVICES IN QUESTION; THAT THE NOVA SCOTIA IS A VESSEL OF BRITISH REGISTRY, OWNED BY THEFURNESS LINE AND OPERATED BY CLAIMANTS, APPARENTLY AS AGENTS. UNDER SUCH CIRCUMSTANCES, THE AGREEMENT OF JUNE 4, 1937, BETWEEN THE MASTER OF SAID VESSEL AND THE AMERICAN CONSULATE GENERAL, HALIFAX, NOVA SCOTIA, FOR PAYMENT OF $15 AS TRANSPORTATION CHARGES APPEARING REASONABLE AND IN ALL RESPECTS VALID IS NOT SUBJECT TO QUESTION.

THE SETTLEMENT OF OCTOBER 11, 1937, IS ACCORDINGLY REVISED AND A CHECK IN THE ADDITIONAL AMOUNT OF $8 WILL ISSUE IN DUE COURSE.