B-166372, JULY 30, 1969, 49 COMP. GEN. 58

B-166372: Jul 30, 1969

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WHO CERTIFIED THE SEAMAN WAS UNFIT TO PERFORM DUTY. IS CONSIDERED TO HAVE AUTHORITY TO CONTRACT IN THE COMPANY'S NAME. NO ADDITIONAL AMOUNT IS DUE THE SHIPPING COMPANY AND ITS CLAIM FOR ADDITIONAL COMPENSATION MAY NOT BE ALLOWED. 1969: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 13. THE CONSULAR OFFICER STATES THAT THE SEAMAN WAS UNFIT FOR DUTY AND SECTION 4578 R.S. PROVIDES IN PART THAT: *** IF ANY SUCH DESTITUTE SEAMAN IS SO DISABLED OR ILL AS TO BE UNABLE TO PERFORM DUTY. THE DEPARTMENT OF STATE ADVISES THAT THE CONSULAR OFFICER INDICATED ON THE FORM 24A THAT THE SEAMAN WAS UNFIT FOR DUTY AND THAT. THE MASTER OF THE SS PRESIDENT GRANT IS ASSUMED TO HAVE BEEN AWARE OF THIS FACT. THE FORM 24A INDICATES THE AMOUNT OF $104.46 WAS THE RATE AGREED UPON BETWEEN THE CONSULAR OFFICER AND THE MASTER FOR MR.

B-166372, JULY 30, 1969, 49 COMP. GEN. 58

CLAIMS -- TRANSPORTATION -- SEAMEN RETURNED FROM OVERSEAS THE PAYMENT TO A SHIPPING COMPANY FOR RETURNING A DESTITUTE AMERICAN SEAMAN FROM OVERSEAS MAY NOT EXCEED THE RATE AGREED UPON BETWEEN THE CONSULAR OFFICER, WHO CERTIFIED THE SEAMAN WAS UNFIT TO PERFORM DUTY, AND THE SHIP'S MASTER, ABSENT THE DETERMINATION REQUIRED BY 46 U.S.C. 679 THAT THE SECRETARY OF STATE DEEMS PAYMENT OF THE ADDITIONAL COMPENSATION CLAIMED "EQUITABLE AND PROPER," AND THE DEPARTMENT OF STATE DECLINING TO FURNISH SUCH A DETERMINATION BECAUSE THE MASTER, AS THE COMPANY'S AGENT, IS CONSIDERED TO HAVE AUTHORITY TO CONTRACT IN THE COMPANY'S NAME, NO ADDITIONAL AMOUNT IS DUE THE SHIPPING COMPANY AND ITS CLAIM FOR ADDITIONAL COMPENSATION MAY NOT BE ALLOWED.

TO THE AMERICAN PRESIDENT LINES, JULY 30, 1969:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 13, 1969, FILE 152 W-2, REQUESTING REVIEW OF OUR CERTIFICATE OF SETTLEMENT, DATED DECEMBER 30, 1968, WHICH ALLOWED YOUR COMPANY $104.46 FOR TRANSPORTING ROY IDLEBURG, A DESTITUTE AMERICAN SEAMAN, FROM YOKOHAMA, JAPAN, TO SAN FRANCISCO, CALIFORNIA, DURING MARCH 1968 ON BOARD THE SS PRESIDENT GRANT.

YOU REQUEST PAYMENT OF THE BALANCE OF THE $525 ORIGINALLY CLAIMED BECAUSE ON CONSULAR CERTIFICATE FORM 24A, THE CONSULAR OFFICER STATES THAT THE SEAMAN WAS UNFIT FOR DUTY AND SECTION 4578 R.S., AS AMENDED, 46 U.S.C. 679, PROVIDES IN PART THAT:

*** IF ANY SUCH DESTITUTE SEAMAN IS SO DISABLED OR ILL AS TO BE UNABLE TO PERFORM DUTY, THE CONSULAR OFFICER SHALL SO CERTIFY IN THE CERTIFICATE OF TRANSPORTATION, AND SUCH ADDITIONAL COMPENSATION SHALL BE PAID AS THE SECRETARY OF STATE SHALL DEEM EQUITABLE AND PROPER.

THE DEPARTMENT OF STATE ADVISES THAT THE CONSULAR OFFICER INDICATED ON THE FORM 24A THAT THE SEAMAN WAS UNFIT FOR DUTY AND THAT, THEREFORE, THE MASTER OF THE SS PRESIDENT GRANT IS ASSUMED TO HAVE BEEN AWARE OF THIS FACT. FURTHER, THE FORM 24A INDICATES THE AMOUNT OF $104.46 WAS THE RATE AGREED UPON BETWEEN THE CONSULAR OFFICER AND THE MASTER FOR MR. IDLEBURG'S TRANSPORTATION AND THE MASTER, AS THE COMPANY'S AGENT, IS CONSIDERED TO HAVE AUTHORITY TO CONTRACT IN THE COMPANY'S NAME. IN VIEW OF THIS THE DEPARTMENT REPORTS IT DOES NOT BELIEVE THAT ANY ADDITIONAL COMPENSATION SHOULD BE PAID IN THIS CASE AND DECLINES TO FURNISH A DETERMINATION BY THE SECRETARY OF STATE THAT PAYMENT OF ANY ADDITIONAL COMPENSATION WOULD BE EQUITABLE AND PROPER.

IN THE ABSENCE OF SUCH A FINDING BY THE SECRETARY OF STATE, IT DOES NOT APPEAR THAT ANY ADDITIONAL AMOUNTS ARE DUE YOUR COMPANY AND WE HAVE NO ALTERNATIVE BUT TO DECLINE PAYMENT OF THE ADDITIONAL AMOUNT CLAIMED. OUR CERTIFICATE OF SETTLEMENT IS ACCORDINGLY SUSTAINED.