SEPTEMBER 17, 1923, 3 COMP. GEN. 148
Highlights
THE SUM OF $745.64 WAS ALLOWED IN THE SETTLEMENT AND THE BALANCE WAS DISALLOWED ON THE GROUND THAT THE SEAMEN WERE RETURNED TO THE UNITED STATES AT THE EXPENSE OF THE OWNERS. THE QUESTION FOR DECISION IN THE INSTANT CASE IS WHETHER THESE CONDITIONS WERE SATISFIED. THE PACIFIC MAIL STEAMSHIP CO.'S STEAMSHIP PENNSYLVANIA WAS DESTROYED BY FIRE IN THE HARBOR OF IQUIQUE. INCLUDING ONE SEAMAN WHO WAS SENT TO NEW ORLEANS. WERE $3. WITH THE EXCEPTION OF THAT OF THE CAPTAIN FOR WHICH NO CLAIM IS MADE. THERE WAS ALLOWED IN THE SETTLEMENT OF WHICH REVIEW IS REQUESTED THE SUM OF $745.64 AS BALANCE OF SUBSISTENCE AT IQUIQUE AND AS COST OF TRANSPORTATION FROM IQUIQUE TO CALLAO. THE BALANCE OF THE CLAIM WAS DISALLOWED ON THE REPORT OF THE CONSUL THAT NO TRANSPORTATION EXPENSES WERE INCURRED.
SEPTEMBER 17, 1923, 3 COMP. GEN. 148
RELIEF OF DESTITUTE AMERICAN SEAMEN AS SOON AS THE OWNERS OF A WRECKED VESSEL TAKE UP THE BURDEN OF SUBSISTING AND TRANSPORTING THE MEMBERS OF THE CREW THEY CEASE TO BE DESTITUTE SEAMEN AND SUCH OWNERS MAY NOT BE REIMBURSED FROM PUBLIC FUNDS FOR ANY PART OF THE COST OF SUBSISTENCE AND TRANSPORTATION OF SUCH SEAMEN TO A PORT OF THE UNITED STATES.
DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 17, 1923:
THE PACIFIC MAIL STEAMSHIP CO. REQUESTED JUNE 18, 1923, REVIEW OF SETTLEMENT NO. S-10222, DATED MARCH 6, 1923, OF ITS CLAIM UNDER SECTION 4578, REVISED STATUTES, AS AMENDED, FOR $9,907.76 AS REIMBURSEMENT OF SUBSISTENCE AND TRANSPORTATION OF THE CREW OF THE STEAMSHIP PENNSYLVANIA FROM IQUIQUE, CHILE, TO SAN FRANCISCO, CALIF., INCIDENT TO THE DESTRUCTION NOVEMBER 12, 1918, OF THE SHIP WHILE IN THE HARBOR OF IQUIQUE. THE SUM OF $745.64 WAS ALLOWED IN THE SETTLEMENT AND THE BALANCE WAS DISALLOWED ON THE GROUND THAT THE SEAMEN WERE RETURNED TO THE UNITED STATES AT THE EXPENSE OF THE OWNERS.
SECTION 4577, REVISED STATUTES, MADE IT THE DUTY OF AMERICAN CONSULS AND VICE CONSULS TO PROVIDE AT PUBLIC EXPENSE FOR THE SUBSISTENCE AND TRANSPORTATION TO SOME PORT IN THE UNITED STATES OF AMERICAN SEAMEN FOUND DESTITUTE WITHIN THEIR DISTRICTS. SECTION 4526, REVISED STATUTES, AS AMENDED BY THE ACT OF DECEMBER 21, 1898, 30 STAT., 755, DECLARES THAT SEAMEN WHOSE SERVICES TERMINATE BY REASON OF THE LOSS OF THEIR SHIP SHALL BE CONSIDERED AS DESTITUTE WHILE SECTION 4578, REVISED STATUTES, AS AMENDED BY THE ACT OF JUNE 26, 1884, 23 STAT., 55, AND JUNE 19, 1886, 24 STAT., 83, PROVIDES AS CONDITIONS PRECEDENT TO PAYMENT FROM PUBLIC FUNDS FOR THE SUBSISTENCE AND TRANSPORTATION OF DESTITUTE SEAMEN TO THE UNITED STATES: (1) THAT THE CONSUL OR VICE CONSUL SHALL REQUEST THE TRANSPORTATION; (2) THAT THE CONSUL AND MASTER OF THE TRANSPORTING VESSEL SHALL AGREE WITHIN MAXIMUM LIMITS ON THE COST OF TRANSPORTATION; AND (3) THAT THE CONSUL SHALL ISSUE DESTITUTE SEAMEN CERTIFICATES FOR THE TRANSPORTATION. THE QUESTION FOR DECISION IN THE INSTANT CASE IS WHETHER THESE CONDITIONS WERE SATISFIED.
THE PACIFIC MAIL STEAMSHIP CO.'S STEAMSHIP PENNSYLVANIA WAS DESTROYED BY FIRE IN THE HARBOR OF IQUIQUE, CHILE, ON NOVEMBER 12, 1918. UNDER DATE OF MARCH 18, 1919, THE ACTING AMERICAN CONSULAR AGENT AT SAID PORT CERTIFIED THAT THE "NITRATES AGENCY, LTD., ACTING ON MY BEHALF, SHIPPED THE DESTITUTE CREW OF THE STEAMSHIP PENNSYLVANIA ON THE PERUVIAN STEAMER URBUBAMA, WHICH SAILED FROM THIS PORT ON DECEMBER 3, 1918, FOR CALLAO, PERU.' W. R. GRACE AND CO., OF CALLAO, AGENTS FOR THE PACIFIC MAIL STEAMSHIP CO., PAID $6,256.08 FOR THE SUBSISTENCE AND TRANSPORTATION OF THE CREW FROM IQUIQUE TO BALBOA, VIA CALLAO. THE EXPENSES OF THE CREW FROM THENCE TO SAN FRANCISCO ABOARD CLAIMANT COMPANY'S OWN SHIP, INCLUDING ONE SEAMAN WHO WAS SENT TO NEW ORLEANS, WERE $3,830.85. THE UNITED STATES PAID $1,091.26 FOR THE SUBSISTENCE OF THE CREW AT IQUIQUE FROM NOVEMBER 13 TO DECEMBER 3, 1918. OF THE CLAIM SUBMITTED FOR A TOTAL OF $9,907.76 AS THE COST OF SUBSISTENCE AND TRANSPORTATION OF THE CREW, WITH THE EXCEPTION OF THAT OF THE CAPTAIN FOR WHICH NO CLAIM IS MADE, FROM IQUIQUE TO PORTS IN THE UNITED STATES, THERE WAS ALLOWED IN THE SETTLEMENT OF WHICH REVIEW IS REQUESTED THE SUM OF $745.64 AS BALANCE OF SUBSISTENCE AT IQUIQUE AND AS COST OF TRANSPORTATION FROM IQUIQUE TO CALLAO. THE BALANCE OF THE CLAIM WAS DISALLOWED ON THE REPORT OF THE CONSUL THAT NO TRANSPORTATION EXPENSES WERE INCURRED, AS THE CREW WAS RETURNED TO THE UNITED STATES AT THE EXPENSE OF THE OWNERS.
THE CLAIM MAY BE RESTATED THUS: AFTER HAVING EFFECTED AND PAID FOR THE TRANSPORTATION TO THE UNITED STATES OF THE CREW OF ONE OF ITS LOST SHIPS WITH A PART OF THE RETURN TRANSPORTATION BY ITS OWN LINE, CLAIMANT SEEKS TO SECURE REIMBURSEMENT OF THE COST FROM PUBLIC FUNDS PROVIDED FOR RETURN TO THE UNITED STATES OF SEAMEN FOUND DESTITUTE WITHIN AMERICAN CONSULAR DISTRICTS. THERE WAS NO AGREEMENT BETWEEN THE CONSUL AND THE MASTER AS TO THE COST OF TRANSPORTING THE SEAMEN, NOR WERE DESTITUTE SEAMEN CERTIFICATES ISSUED BY THE CONSUL FOR THE TRANSPORTATION AND SUBSISTENCE; NOR IS THE CLAIM WITHIN THE SPIRIT OF THE LAW, NO INTENTION APPEARING THEREIN TO REIMBURSE THE OWNER OF A LOST SHIP FOR EXPENDITURES MADE IN TRANSPORTING ITS OWN SEAMEN TO THE UNITED STATES.
AS SOON AS THE OWNERS OF A WRECKED VESSEL TAKE UP THE BURDEN OF SUBSISTING AND TRANSPORTING THE MEMBERS OF THE CREW THEY CEASE TO BE DESTITUTE SEAMEN ON THE HANDS OF THE CONSUL AND CLAIMANT MAY NOT BE REIMBURSED FROM PUBLIC FUNDS FOR ANY PART OF THE COST TO IT OF THE TRANSPORTATION AND SUBSISTENCE EXPENSES OF THE CREW OF THE STEAMSHIP PENNSYLVANIA TO A PORT IN THE UNITED STATES.
SO MUCH OF THE SETTLEMENT AS DISALLOWED, $9,162.12, IS SUSTAINED AND SO MUCH AS ALLOWED, $745.64, IS REVERSED; THE CERTIFICATE OF SETTLEMENT WILL BE CANCELED.