JANUARY 12, 1924, 3 COMP. GEN. 414

JANUARY 12, 1924, 3 COMP. GEN. 414

DECEASED AMERICAN SEAMEN - STATUTORY LIMITATION ON CLAIMS FOR WAGES THE FACT THAT THE UNITED STATES WAS ENGAGED IN THE WORLD WAR FOR A PORTION OF THE SIX-YEAR PERIOD IN WHICH CLAIMS FOR WAGES, DUE DECEASED AMERICAN SEAMEN MUST BE FILED, DOES NOT EXTEND THE PERIOD FOR FILING SUCH CLAIMS BY HEIRS OR REPRESENTATIVES OF THE DECEASED WHO WERE CITIZENS OF GERMANY.

DECISION BY COMPTROLLER GENERAL MCCARL, JANUARY 12, 1924:

THE SECRETARY TO THE GERMAN EMBASSY APPLIED NOVEMBER 6, 1923, FOR A REVIEW OF SETTLEMENT NO. S-37139 OF JANUARY 25, 1923, DISALLOWING CLAIMS PRESENTED ON BEHALF OF THE ESTATES OF JOHN ADOLF, HERMANN PEGEL, AND FRANZ LIPFERT, DECEASED AMERICAN SEAMEN, SAID CLAIMS BEING FOR THE AMOUNT OF WAGES DUE SAID SEAMEN FROM THE RESPECTIVE VESSELS ON WHICH EMPLOYED AT DATE OF DEATH.

IT APPEARS THAT JOHN ADOLF WHILE EMPLOYED ON THE STEAMSHIP HENRY WILSON, DIED IN KIRCHAK RIVER, ALASKA, JULY 3, 1914, THAT HERMAN PEGEL, EMPLOYED ON THE STEAMSHIP SAN JUAN, DIED AT ANCON HOSPITAL, ANCON, CANAL ZONE, DECEMBER 25, 1915, AND THAT FRANZ LIPFERT DIED AT SEA JUNE 30, 1916, WHILE EMPLOYED ON THE STEAMSHIP NORTHERN PACIFIC.

THE ESSENTIAL REQUIREMENTS OF THE STATUTES WITH RESPECT TO THE DISPOSITION OF THE EFFECTS AND UNPAID WAGES OF A DECEASED SEAMAN ON AN AMERICAN VESSEL ARE THAT THEY BE DELIVERED BY THE MASTER OR OWNER OF THE VESSEL TO A UNITED STATES SHIPPING COMMISSIONER TO BE TURNED OVER TO THE UNITED STATES DISTRICT COURT FOR THE JUDICIAL DISTRICT IN WHICH THE HOME PORT OR TERMINAL PORT OF THE VESSEL IS LOCATED AND THAT THE COURT SHALL HOLD SUCH FUNDS FOR A PERIOD OF SIX YEARS SUBJECT TO ANY LEGAL CLAIMS THAT MAY BE PRESENTED AND ESTABLISHED AGAINST THE SAME AND THAT THE BALANCE OF SUCH FUNDS NOT REQUIRED TO PAY CLAIMS SUBSTANTIATED BEFORE THE COURT SHALL BECOME GOVERNMENT MONEY AND AS SUCH BE DEPOSITED BY THE COURT AND COVERED INTO THE GENERAL FUND OF THE TREASURY OF THE UNITED STATES. SEE SECTIONS 4538, 4539, 4541, 4542, 4543, 4544, AND 4545, REVISED STATUTES, THE ACT OF MARCH 3, 1897, 29 STAT., 679, AND SECTIONS 289 TO 291 OF THE JUDICIAL CODE, 36 STAT., 1167. SEE ALSO 1 COMP. GEN. 557.

THE AUTHORIZED PROCEDURE APPEARS TO HAVE BEEN FOLLOWED WITH RESPECT TO THE WAGES AND PROCEEDS OF EFFECTS OF THE SEAMEN HEREIN REFERRED TO AND THE CLAIMS HERE UNDER CONSIDERATION WERE NOT PRESENTED TO THE COURT WITHIN A PERIOD OF SIX YEARS AFTER THE MONEYS HAD BEEN RECEIVED BY SAID COURT. ACCORDINGLY SAID MONEYS BECAME GOVERNMENT MONEYS AND HAVE BEEN DEPOSITED AND COVERED INTO THE GENERAL FUND OF THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS AND CAN BE WITHDRAWN THEREFROM ONLY IN CONSEQUENCE OF AN APPROPRIATION MADE BY THE CONGRESS. SEE ARTICLE I, SECTION 9, OF THE CONSTITUTION OF THE UNITED STATES.

IT IS CONTENDED THAT THE HEIRS OR NEXT OF KIN OF THESE DECEASED SEAMEN, BEING GERMAN NATIONALS, WERE PRECLUDED BY THE WORLD WAR FROM PRESENTING THEIR CLAIMS TO THE COURT WITHIN THE PRESCRIBED TIME, AND THEREFORE THAT THEIR CLAIMS SHOULD NOT BE BARRED. IN VIEW OF THE FACT THAT THE MONEY IN THE CASES HERE PRESENTED WAS PAID INTO THE COURT FROM ABOUT NINE MONTHS TO ABOUT TWO YEARS AND NINE MONTHS BEFORE THE UNITED STATES ENTERED THE WAR, AND WAS NOT COVERED INTO THE TREASURY UNTIL SEVEN OR EIGHT MONTHS AFTER THE STATUS OF WAR WAS FINALLY TERMINATED, THERE WOULD APPEAR TO BE LITTLE OR NO GROUND FOR THE CONTENTION, BUT HOWEVER THAT MAY BE, THESE SEAMEN WERE EMPLOYED ON VESSELS OF THE AMERICAN MERCHANT MARINE AND RECEIVED THE BENEFITS PROVIDED BY STATUTES FOR AMERICAN SEAMEN, AND THE FACT THAT THEIR HEIRS OR NEXT OF KIND WERE RESIDENT AND NATIONALS OF GERMANY IS NO REASON WHY THEIR PERSONAL EFFECTS AND UNPAID WAGES SHOULD NOT HAVE BEEN DISPOSED OF AS PROVIDED BY SAID STATUTES.