MARCH 3, 1924, 3 COMP. GEN. 575
Highlights
AN AMERICAN SEAMAN IS ENTITLED TO HIS WAGES UP TO DATE OF DISCHARGE. NOTWITHSTANDING THAT HE MAY HAVE BEEN INCAPACITATED TO RENDER ANY SERVICE BY REASON OF MENTAL DISABILITY WHICH ALSO PREVENTED HIS DISCHARGE AT AN EARLIER DATE. 1924: I HAVE YOUR LETTER OF FEBRUARY 2. YOUR OPINION IN REGARD TO THIS MATTER IS RESPECTFULLY REQUESTED IN ORDER THAT THE CONSUL IN CHARGE MAY BE PROPERLY INFORMED. THE DISPATCH OF THE CONSUL READS: I HAVE THE HONOR TO REPORT THAT THE S.S. THE CIRCUMSTANCES SURROUNDING THE INFORMAL TRANSFER OF THIS MAN WERE AS FOLLOWS: BECAUSE OF OUTWARD MENTAL DISORDER THIS MAN WAS SENT BY THE MASTER OF THE S.S. WESTERN GLEN WAS READY FOR SAILING. IT WAS THOUGHT PROPER TO TRANSFER MENDEZ TO THE WESTERN GLEN.
MARCH 3, 1924, 3 COMP. GEN. 575
WAGES DUE AMERICAN SEAMEN UNDER SECTION 4580, REVISED STATUTES, AS AMENDED BY ACT OF JUNE 26, 1884, 23 STAT., 54, AN AMERICAN SEAMAN IS ENTITLED TO HIS WAGES UP TO DATE OF DISCHARGE, NOTWITHSTANDING THAT HE MAY HAVE BEEN INCAPACITATED TO RENDER ANY SERVICE BY REASON OF MENTAL DISABILITY WHICH ALSO PREVENTED HIS DISCHARGE AT AN EARLIER DATE.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, MARCH 3, 1924:
I HAVE YOUR LETTER OF FEBRUARY 2, 1924, REQUESTING DECISION OF A QUESTION PRESENTED AS FOLLOWS:
THE DEPARTMENT ENCLOSES FOR YOUR INFORMATION AND SUCH ACTION AS YOU MAY DEEM APPROPRIATE A COPY OF A DESPATCH, DATED JANUARY 4, 1923,TOGETHER WITH ORIGINAL ENCLOSURES, INCLUDING A DRAFT ON THE SECRETARY OF STATE IN THE SUM OF $205.11 FROM THE AMERICAN CONSUL IN CHARGE AT CAPE TOWN, SOUTH AFRICA, REGARDING THE INFORMAL TRANSFER OF JOSE MENDEZ, A FORMER MEMBER OF THE CREW OF THE AMERICAN STEAMSHIP AMBRIDGE, TO THE AMERICAN STEAMSHIP WESTERN GLEN.
YOUR OPINION IN REGARD TO THIS MATTER IS RESPECTFULLY REQUESTED IN ORDER THAT THE CONSUL IN CHARGE MAY BE PROPERLY INFORMED.
THE DISPATCH OF THE CONSUL READS:
I HAVE THE HONOR TO REPORT THAT THE S.S. WESTERN GLEN, WHICH SAILED FROM THIS PORT FOR BOSTON AND NEW YORK ON DECEMBER 22, 1923, CARRIES AS A PASSENGER AT THE EXPENSE OF HE OWNERS ONE JOSE MENDEZ, FORMERLY A FIREMAN ON THE STEAMSHIP AMBRIDGE WHICH ARRIVED AT CAPE TOWN ON DECEMBER 12, 1923.
THE CIRCUMSTANCES SURROUNDING THE INFORMAL TRANSFER OF THIS MAN WERE AS FOLLOWS: BECAUSE OF OUTWARD MENTAL DISORDER THIS MAN WAS SENT BY THE MASTER OF THE S.S. AMBRIDGE TO THE VALKENBERG MENTAL HOSPITAL ON DECEMBER 12, 1923, AND THERE DETAINED. WHEN THE S.S. WESTERN GLEN WAS READY FOR SAILING, HIS CONDITION HAD NOT IMPROVED, AND, SINCE THE AMBRIDGE WOULD NOT BE READY TO DEPART FOR SEVERAL WEEKS MORE, IT WAS THOUGHT PROPER TO TRANSFER MENDEZ TO THE WESTERN GLEN. THE MASTER OF THE WESTERN GLEN ACCEPTED MENDEZ AS A PASSENGER IN COMPLIANCE WITH THE SUGGESTION OF THIS CONSULATE GENERAL. SINCE THE WESTERN GLEN BELONGED TO THE SAME LINE AS THE AMBRIDGE, NO CONTRACT COVERING TRANSPORTATION COMPENSATION WAS ENTERED INTO BETWEEN THIS OFFICE AND THE MASTER OF THE FORMER VESSEL.
THE ENCLOSED CERTIFICATE SUFFICIENTLY WARRANTS THE ACTION OF THIS OFFICE OF EFFECTING THE TRANSFER INFORMALLY. ON THE DAY IN QUESTION THE RESIDENT SUPERINTENDENT OF THE VALKENBERG MENTAL HOSPITAL STATED OVER THE TELEPHONE THAT MENDEZ WAS MENTALLY INCAPABLE OF SIGNING A CONTRACT AND THAT WRITTEN CONFIRMATION OF THIS STATEMENT WOULD BE SENT. CONSEQUENTLY IT WAS NOT POSSIBLE TO FORMALLY DISCHARGE THIS SEAMAN FROM THE AMBRIDGE NOR TO SIGN HIM ON THE WESTERN GLEN.
THE AMOUNT OF WAGES COLLECTED FROM THE MASTER OF THE AMBRIDGE WAS $205.11, UNITED STATES SHIPPING BOARD VOUCHERS FOR WHICH ARE HEREWITH ENCLOSED. THE AMOUNT IS HEREWITH TRANSMITTED IN A DRAFT DATED JANUARY 30, 1924, * * *.
FOR THE CONSIDERATION OF THE SECRETARY OF THE TREASURY, THE QUESTION IS SUBMITTED OF WHETHER MENDEZ IS ENTITLED TO WAGES UP TO THE DAY OF HIS DISCHARGE. THE OFFICIAL REPORT OF THE MASTER OF THE AMBRIDGE IS TO THE EFFECT THAT THE MAN FIRST BECAME DEMENTED ON OCTOBER 19, 1923, WHILE AT SEA, AND THAT HE CEASED TO WORK FROM THAT DATE, LOCKING HIMSELF UP IN HIS CABIN WITH THE DELUSION THAT OTHER MEMBERS OF THE CREW WERE TRYING TO KILL HIM. IT IS BELIEVED THAT THE MAN'S WAGES WERE PROPERLY COLLECTED UP TO THE TIME OF HIS DISCHARGE.
SECTION 4580, REVISED STATUTES, AS AMENDED BY THE ACT OF JUNE 26, 1884, 23 STAT., 54, AUTHORIZES THE DISCHARGE OF A SEAMAN UPON APPLICATION AND PROPER SHOWING OF THE MASTER, BUT REQUIRES, BEFORE SUCH DISCHARGE SHALL BE MADE,"PAYMENT OF THE WAGES WHICH MAY THEN BE DUE SAID SEAMEN; " AND SECTION 4581, REVISED STATUTES, AS AMENDED BY THE ACTS OF JUNE 26, 1884, 23 STAT., 55; APRIL 4, 1888, 25 STAT., 80; AND DECEMBER 21, 1898, 30 STAT., 759, MAKES THE CONSULAR OFFICER ACCOUNTABLE TO THE UNITED STATES FOR THE FULL AMOUNT OF SUCH WAGES DUE AT DISCHARGE IF, WHEN DISCHARGING ANY SEAMAN, HE "SHALL NEGLECT TO REQUIRE THE PAYMENT OF AND COLLECT THE ARREARS OF WAGES AND EXTRA WAGES REQUIRED TO BE PAID IN THE CASE OF THE DISCHARGE OF ANY SEAMAN.'
ANSWERING SPECIFICALLY THE QUESTION OF THE SUBMISSION, YOU ARE ADVISED THAT SEAMAN MENDEZ WAS ENTITLED TO WAGES UP TO AND INCLUDING THE DAY OF HIS DISCHARGE, REPORTED AS DECEMBER 22, 1923. 12 COMP. DEC., 546; 2 COMP. GEN., 439, AND CASES CITED THEREIN.