APRIL 10, 1924, 3 COMP. GEN. 742
Highlights
" THE LATEST EDITION OF WHICH IS DESIGNATED AS H.O. IS ESTABLISHED AS THE OFFICIAL GUIDE FOR COMPUTATION OF DISTANCES IN MAKING PAYMENTS FOR TRANSPORTATION FURNISHED DESTITUTE SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES. THE DISTANCE IS TO BE COMPUTED IN STATUTE MILES AND NOT NAUTICAL MILES. THE DISTANCE TO BE USED IN DETERMINING THE MAXIMUM AMOUNT PAYABLE TO THE OWNER OF THE VESSEL IS THE SHORTEST NAVIGABLE ROUTE BETWEEN EACH OF THE PORTS AT WHICH THE VESSEL TOUCHES. NOT NECESSARILY THE SHORTEST NAVIGABLE ROUTE BETWEEN THE PORT WHERE THE DESTITUTE SEAMEN WERE PLACED ON THE VESSEL AND THE DESTINATION IN THE UNITED STATES. THE AMOUNT ALLOWED WAS COMPUTED ON THE DISTANCE DIRECTLY BETWEEN THE TWO PORTS BEING 5.
APRIL 10, 1924, 3 COMP. GEN. 742
TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN THE PUBLICATION ISSUED BY THE HYDROGRAPHIC OFFICE, UNITED STATES NAVY DEPARTMENT, ENTITLED ,TABLES OF DISTANCES BETWEEN PORTS VIA THE SHORTEST NAVIGABLE ROUTES," THE LATEST EDITION OF WHICH IS DESIGNATED AS H.O. NO. 117, IS ESTABLISHED AS THE OFFICIAL GUIDE FOR COMPUTATION OF DISTANCES IN MAKING PAYMENTS FOR TRANSPORTATION FURNISHED DESTITUTE SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES. THE DISTANCE IS TO BE COMPUTED IN STATUTE MILES AND NOT NAUTICAL MILES. WHERE A VESSEL TRANSPORTING DESTITUTE SEAMEN LEAVES A FOREIGN PORT BOUND FOR A PORT IN THE CONTINENTAL UNITED STATES AND REGULARLY TOUCHES AT OTHER FOREIGN PORTS EN ROUTE, THE DISTANCE TO BE USED IN DETERMINING THE MAXIMUM AMOUNT PAYABLE TO THE OWNER OF THE VESSEL IS THE SHORTEST NAVIGABLE ROUTE BETWEEN EACH OF THE PORTS AT WHICH THE VESSEL TOUCHES, OR THE ACTUAL DISTANCE TRAVELED IF STATED TO BE LESS, AND NOT NECESSARILY THE SHORTEST NAVIGABLE ROUTE BETWEEN THE PORT WHERE THE DESTITUTE SEAMEN WERE PLACED ON THE VESSEL AND THE DESTINATION IN THE UNITED STATES.
DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 10, 1924:
THE PACIFIC MAIL STEAMSHIP CO., MANAGING AGENT FOR THE UNITED STATES SHIPPING BOARD, HAS REQUESTED REVIEW OF SETTLEMENT C-16172-S, OF NOVEMBER 20, 1923, ALLOWING THE SUM OF ONLY $208.92 FOR TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN B. SKOG AND H. E. BOYCE, FROM YOKOHAMA, JAPAN, TO SAN FRANCISCO, CALIF., JANUARY 8 TO 23, 1923, VIA S.S. PRESIDENT LINCOLN. THE AMOUNT ALLOWED WAS COMPUTED ON THE DISTANCE DIRECTLY BETWEEN THE TWO PORTS BEING 5,223 MILES, AT TWO CENTS PER MILE.
THE RATE FOR TRANSPORTATION OF DESTITUTE AMERICAN SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES IS CONTROLLED BY SECTION 4578, REVISED STATUTES, AS AMENDED BY SECTION 9 OF THE ACT OF JUNE 26, 1884, 23 STAT., 55, SECTION 18 OF THE ACT OF JUNE 19, 1886, 24 STAT., 83, AND THE ACT OF JANUARY 3, 1923, 42 STAT., 1072. THE RATE THUS FIXED, WHEN THE TRANSPORTATION IS BY STEAMSHIP, IS SUCH RATE AS MAY BE AGREED UPON NOT IN EXCESS OF THE LOWEST PASSENGER RATE AND NOT IN EXCESS OF 2 CENTS PER MILE.
IN THE CASE HERE PRESENTED THE CONSULAR OFFICER IN HIS CERTIFICATE AUTHORIZING TRANSPORTATION, REQUIRED BY THE CONTROLLING STATUTE,CERTIFIED THAT THE STEERAGE PASSAGE ON THE S.S. PRESIDENT LINCOLN WAS $129.76 AND THAT THE DISTANCE BETWEEN THE PORTS INVOLVED IS 6,488 MILES. IF IN FACT THE SHIP HAD A STEERAGE RATE IT IS THE MAXIMUM ALLOWABLE FOR THE TRANSPORTATION OF DESTITUTE SEAMEN, BY THE CONTROLLING STATUTE UNLESS IN EXCESS OF 2 CENTS PER MILE.
THE QUESTION FOR DECISION IS, THEREFORE, WHAT IS THE CORRECT BASIS FOR COMPUTATION OF THE DISTANCE?
HERETOFORE THERE HAS BEEN NO GENERALLY RECOGNIZED OFFICIAL GUIDE FOR COMPUTATION OF THE DISTANCES FROM FOREIGN PORTS TO THE UNITED STATES IN MAKING SETTLEMENT OF CLAIMS FOR TRANSPORTATION OF DESTITUTE SEAMEN.
APPARENTLY IT HAS BEEN THE PRACTICE TO OBTAIN THE CORRECT DISTANCE FROM THE BEST EVIDENCE AVAILABLE IN EACH INDIVIDUAL CASE. SEE 1 COMP. GEN., 390.
THERE IS NOW PUBLISHED BY THE HYDROGRAPHIC OFFICE, UNITED STATES NAVY DEPARTMENT, A "TABLE OF DISTANCES BETWEEN PORTS VIA THE SHORTESTNAVIGABLE ROUTES.' THE LATEST EDITION IS DESIGNATED AS H.O. NO. 117, PUBLISHED IN 1923. THIS OFFICE HAS BEEN ADVISED THAT NEW EDITIONS ARE TO BE ISSUED WHEN SUFFICIENT CORRECTIONS JUSTIFY. THE PUBLICATION GIVES THE DISTANCES IN NAUTICAL AND STATUTE MILES BETWEEN THE VARIOUS PORTS, AND WHERE MORE THAN ONE ROUTE EXISTS THE TABLE GIVES THE NAME AND DISTANCE OVER A PRACTICAL ROUTE. IN SOME INSTANCES THE DISTANCE OVER TWO OR MORE ROUTES BETWEEN THE SAME PORTS IS GIVEN. THIS PUBLICATION MAY PROPERLY BE USED AS THE OFFICIAL GUIDE FOR COMPUTATION OF DISTANCES IN DETERMINING THE MAXIMUM AMOUNT PAYABLE FOR TRANSPORTATION FURNISHED DESTITUTE SEAMEN FROM FOREIGN PORTS TO THE UNITED STATES.
THE CONTROLLING STATUTE FIXES THE MAXIMUM RATE AT 2 CENTS "PER MILE" WITHOUT SPECIFYING WHETHER STATUTE OR NAUTICAL. WHILE IT IS RECOGNIZED THAT THE TRANSPORTATION IS BY SEA, WHERE THE NAUTICAL OR MARINE MILE IS GENERALLY USED IN COMPUTATION OF DISTANCES, IT IS BELIEVED THAT THE ENACTMENT CONTEMPLATED STATUTE OR LAND MILES AND IT HAS ALWAYS BEEN SO CONSTRUED.
THE DISTANCE USED IN THE SETTLEMENT NOW UNDER REVIEW, AND AS CERTIFIED BY THE ADMINISTRATIVE OFFICE, WAS 5,223 STATUTE MILES, BEING OVER THE DIRECT ROUTE FROM YOKOHAMA TO SAN FRANCISCO VIA THE GREAT CIRCLE. HOWEVER, THE REGULAR ROUTE OF THE VESSEL AND THE ROUTE TAKEN ON THIS PARTICULAR VOYAGE IS SHOWN TO BE FROM YOKOHAMA TO HONOLULU AND FROM HONOLULU TO SAN FRANCISCO. WHERE A VESSEL LEAVING A FOREIGN PORT BOUND FOR A PORT IN THE CONTINENTAL UNITED STATES REGULARLY TOUCHES AT OTHER FOREIGN PORTS EN ROUTE, THE DISTANCE TO BE USED IN DETERMINING THE MAXIMUM AMOUNT PAYABLE TO THE OWNER OF A VESSEL FOR TRANSPORTATION OF DESTITUTE SEAMEN IS BY THE SHORTEST NAVIGABLE ROUTE BETWEEN EACH OF THE PORTS AT WHICH THE VESSEL TOUCHES AS FIXED BY THE OFFICIAL GUIDE HEREINBEFORE MENTIONED, OR THE ACTUAL DISTANCE TRAVELED IF STATED BY THE CLAIMANT TO BE LESS, AND NOT NECESSARILY THE DISTANCE OVER THE SHORTEST NAVIGABLE ROUTE BETWEEN THE PORT WHERE THE DISABLED SEAMAN IS PLACED ON THE VESSEL AND THE FINAL DESTINATION IN THE UNITED STATES. 1 COMP. GEN., 388.
THE SWORN STATEMENT FURNISHED BY CLAIMANT COMPANY AT THE REQUEST OF THIS OFFICE GIVING THE NUMBER OF MILES TRAVELED, TO WIT, 5,496, DOES NOT SPECIFY WHETHER NAUTICAL OR STATUTE, AND AS THE NUMBER GIVEN INDICATES THAT NAUTICAL MILES WERE INTENDED, BEING THE EQUIVALENT OF ABOUT 6,320 STATUTE MILES, THE DISTANCE AS FIXED BY THE OFFICIAL GUIDE HEREIN ESTABLISHED WILL BE USED IN THE COMPUTATION OF THE DISTANCE IN THIS CASE, VIZ:
TABLE YOKOHAMA TO HONOLULU -------------------------- 3,908 STATUTE MILES. HONOLULU TO SAN FRANCISCO --------------------- 2,408 STATUTE MILES.
TOTAL -------------------------------------- 6,316 STATUTE MILES.
SIX THOUSAND THREE HUNDRED AND SIXTEEN MILES AT 2 CENTS PER MILE IS $126.32 FOR EACH SEAMAN OR A TOTAL OF $252.64 FOR BOTH SEAMEN TRANSPORTED. AS THIS IS LESS THAN THE AMOUNT AGREED UPON OR THE LOWEST PASSENGER RATE AS STATED IN THE CONSULAR OFFICER'S CERTIFICATE, IT IS THE AMOUNT ALLOWABLE UNDER THE LAW.
UPON REVIEW A DIFFERENCE OF ($252.64 MINUS $208.92) $43.72 IS CERTIFIED DUE CLAIMANT.