JUNE 12, 1923, 2 COMP. GEN. 799

JUNE 12, 1923, 2 COMP. GEN. 799

VOLUNTARY SERVICES IN EMERGENCIES THE ACTION OF A VESSEL IN GOING OUT OF ITS COURSE AND DELAYING ITS VOYAGE WHEN RESPONDING TO A CALL FOR ASSISTANCE FROM AN ARMY TRANSPORT WHICH HAD SPRUNG A LEAK, BRINGS IT WITHIN THE EXCEPTION TO THE RULE AGAINST THE EMPLOYMENT OF VOLUNTARY SERVICE UNDER SECTION 3679, REVISED STATUTES, AS AMENDED BY THE ACT OF FEBRUARY 27, 1906, 34 STAT. 49, AND THE EXTRA EXPENSE OR COST SO INCURRED BY THE VESSEL RENDERING SUCH ASSISTANCE, WHEN IT CAN BE DEFINITELY ASCERTAINED, IS PROPERLY PAYABLE FROM PUBLIC FUNDS.

DECISION BY COMPTROLLER GENERAL MCCARL, JUNE 12, 1923:

MIDDLETON AND CO. HAVE APPLIED FOR REVIEW OF SETTLEMENT NO. W-882268, DATED FEBRUARY 15, 1923, WHEREIN WAS DISALLOWED THEIR CLAIM ON BEHALF OF THEIR CLIENT, THE OWNERS, MASTER, AND CREW OF THE S.S. REXMORE FOR SERVICES RENDERED IN STANDING BY THE U.S. ARMY TRANSPORT CROOK, JANUARY 10 AND 11, 1922.

IT APPEARS THAT THE U.S. ARMY TRANSPORT CROOK, CARRYING ABOUT 965 TROOPS AND 150 SHIP'S COMPANY, WAS ON JANUARY 10, 1922, WESTWARD BOUND, ABOUT 500 MILES EAST OF NEW YORK, N.Y., WHEN IT WAS DISCOVERED THAT THE VESSEL WAS MAKING WATER IN NO. 1 HOLD; THAT THE PUMPS WERE STARTED, BUT THE WATER CONTINUED TO RISE AT THE RATE OF 5 INCHES PER HOUR. AT ABOUT 4 P.M. A RADIO MESSAGE WAS SENT OUT GIVING THE POSITION OF THE CROOK AND ASKING ANY SHIP IN THE VICINITY TO PLEASE STAND BY AS 1,100 PERSONS WERE ABOARD. REPLY TO SUCH MESSAGE THE CAPTAIN OF THE S.S. REXMORE, THE VESSEL WAS BOUND FOR LONDON, REPLIED THAT HE WOULD PASS THE POSITION OF THE CROOK IN ABOUT THREE HOURS. ABOUT 8 P.M. THE REXMORE REACHED THE POSITION OF THE CROOK, REVERSED HER COURSE, AND PROCEEDED WITH, STOOD BY, THE CROOK UNTIL ABOUT 2.30 A.M., JANUARY 11, 1922, AT WHICH TIME THE CAPTAIN OF THE REXMORE WAS NOTIFIED THAT HIS SERVICES WERE NO LONGER NEEDED AS THE CROOK WAS THEN OUT OF DANGER. THE NATURE OF THE DAMAGE OR REASON FOR THE LEAK COULD NOT BE DETERMINED UNTIL CERTAIN CARGO WAS SHIFTED, WHICH REQUIRED SEVERAL HOURS' WORK. AFTER SUCH CARGO WAS SHIFTED IT WAS FOUND THAT THE LEAK WAS CAUSED BY FIVE RIVETS BEING LOOSE AND ONE SMALL HOLE IN THE SHELL PLATE EATEN THROUGH BY RUST. THE NECESSARY REPAIRS WERE MADE BY THE CREW OF THE CROOK.

THE SERVICES OF THE REXMORE CONSISTED OF PROMPTLY COMING TO THE AID OF THE CROOK AND ACCOMPANYING HER UNTIL THE LEAKS WERE DISCOVERED AND STOPPED. SUCH SERVICE INVOLVED A DEVIATION OF ABOUT 166 MILES FROM THE COURSE OF THE REXMORE AND DELAYED HER VOYAGE TO LONDON, ENGLAND, ABOUT 12 HOURS, BUT DID NOT SUBJECT HER TO ANY DANGER OR PERIL.

THE ACTUAL COST OF OPERATING THE REXMORE FOR 12 HOURS, TOGETHER WITH THE ACTUAL PROFIT LOST DURING SUCH TIME, IS SHOWN TO HAVE BEEN 147 POUNDS STERLING 8S.4D.

THE CLAIMANTS DID NOT MAKE CLAIM FOR ANY DEFINITE AMOUNT, BUT STATED THAT IF THEIR VIEWS WERE DESIRED THEY CONSIDERED THAT THEY OUGHT TO BE PAID 500 POUNDS STERLING. THIS AMOUNT IS IN EXCESS OF THE TRUE VALUE OF THE SERVICES RENDERED, AND SUCH EXCESS, IF PAID, WOULD BE IN THE NATURE OF A REWARD FOR SALVAGE SERVICES. ORDINARILY SALVAGE SERVICES CONTEMPLATE AN IMPENDING SEA PERIL, THE GOING OUT IN TEMPESTUOUS WEATHER, THE RISK OF LIFE, DANGER OF THE ENTIRE LOSS OF PROPERTY, AND THE SKILL EMPLOYED IN SAVING IT FROM COMPLETE LOSS. NONE OF THESE CONDITIONS APPEAR TO BE PRESENT IN THE INSTANT CASE.

THE CLAIM IS ONE OF SERVICES RENDERED UNDER SUDDEN EMERGENCY INVOLVING THE LOSS OF HUMAN LIFE OR THE DESTRUCTION OF GOVERNMENT PROPERTY. SEE SECTION 3679, REVISED STATUTES, AS AMENDED BY THE ACT OF FEBRUARY 27, 1906, 34 STAT. 49.

THE PROVISIONS OF THIS STATUTE RELATE PARTICULARLY TO THE ACCEPTANCE OF WHAT IS TERMED VOLUNTARY SERVICE, AND THE IMPLICATION OF THE STATUTE IS THAT CLAIMS AGAINST THE UNITED STATES ARISING UNDER THE CONDITIONS STATED MAY BE CONSIDERED. SUCH CLAIMS ARE MORE OR LESS IN THE NATURE OF EQUITIES AND ARE GENERALLY FOR SUBMISSION TO THE CONGRESS FOR AUTHORITY TO MAKE COMPENSATION THEREFOR. IF, HOWEVER, A TANGIBLE SERVICE APPEARS TO HAVE BEEN RENDERED FOR WHICH DEFINITE COMPENSATION CAN BE COMPUTED, THERE APPEARS NO REASON WHY, IF AN APPROPRIATION BE AVAILABLE, SETTLEMENT AND ADJUSTMENT SHOULD NOT BE MADE THROUGH THIS OFFICE. SEE SECTION 236 OF THE REVISED STATUTES.

AT THE TIME OF SENDING OUT THE CALL FOR ANY SHIP IN THE VICINITY TO STAND BY IT IS SHOWN THAT THERE WERE THIRTY-SIX INCHES OF WATER IN THE HOLD OF THE VESSEL AND THE WATER CONTINUED TO RISE HIGHER, NOTWITHSTANDING THE FACT THAT THE PUMPS WERE PUT INTO ACTION. THE NATURE OF THE DAMAGE AND CAUSE OF THE LEAK WERE NOT KNOWN, BUT SUCH CONDITION IMPERILLED THE SHIP AND THE LIVES OF THE 1,100 PERSONS ON BOARD. IT IS SHOWN THAT THE COMPLIANCE WITH THE REQUEST TO STAND BY REQUIRED THE REXMORE TO CHANGE HER COURSE, INVOLVED A DEVIATION OF SOME 166 MILES, AND DELAYED HER VOYAGE APPROXIMATELY 12 HOURS. THE ACTUAL COST OF OPERATING THE VESSEL PLUS THE PROFIT LOST DURING THE TIME IN QUESTION IS FOUND TO BE 147 POUNDS STERLING 8S.4D., AND IS CONSIDERED JUST AND REASONABLE COMPENSATION FOR THE SERVICE.

FOR PAYMENT THEREFOR THE APPROPRIATION FOR TRANSPORTATION OF THE ARMY AND ITS SUPPLIES FOR THE FISCAL YEAR 1922 IS DETERMINED TO BE AVAILABLE.

THE 147 POUNDS STERLING 8S.4D. HEREBY ALLOWED WILL BE PAID AT THE RATE $4.8666 TO THE POUND STERLING.