A-31794, A-48409, MAY 19, 1934, 13 COMP. GEN. 369

A-31794, A-48409, MAY 19, 1934, 13 COMP. GEN. 369

APPROPRIATIONS - STATE DEPARTMENT - TRANSPORTATION OF SEAMEN UNDER THE ACT OF APRIL 7, 1934, 48 STAT. 533, APPROPRIATIONS FOR THE RESCUE, RELIEF, AND PROTECTION OF AMERICAN SEAMEN ARE NOT AVAILABLE TO PAY STEAMSHIP OWNERS OR OPERATORS FOR THE TRANSPORTATION OF SEAMEN IN EVENT THE LAST PREVIOUS SERVICE OF SUCH DESTITUTE OR SHIPWRECKED SEAMEN WAS ON A VESSEL OF SUCH STEAMSHIP OWNER OR OPERATOR AND WAS NOT TERMINATED BY DESERTION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF STATE, MAY 19, 1934:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 28, 1933, AS FOLLOWS:

THERE IS ENCLOSED FOR YOUR CONSIDERATION A COPY OF THE DECISION OF THE SUPREME COURT OF THE UNITED STATES IN THE CASE OF THE ALASKA STEAMSHIP COMPANY, PETITIONER, VS. THE UNITED STATES OF AMERICA, NO. 56, DECEMBER 4, 1933, WHICH YOU WILL NOTE OVERRULES DECISIONS OF YOUR OFFICE WITH RESPECT TO THE DUTY OF STEAMSHIP OWNERS TO RETURN SEAMEN FROM SHIPWRECKED VESSELS TO THE UNITED STATES.

THE DEPARTMENT WOULD ACCORDINGLY BE PLEASED TO BE INFORMED, AT YOUR EARLY CONVENIENCE, AS TO WHETHER, IN ORDER TO CONFORM TO THE DECISION OF THE SUPREME COURT, ABOVE MENTIONED, YOU DESIRE TO MODIFY YOUR DECISION, NO. A- 48409 OF MAY 2, 1933, IN WHICH YOU INDICATED THAT, UNLESS SPECIFIC AUTHORIZATION IS CONTAINED IN THE APPROPRIATION ACT FOR THE TRANSPORTATION OF SHIPWRECKED SEAMEN IN ALASKA TO PORT OF SHIPMENT IN THE UNITED STATES PROPER, THE PROCEDURE OF TRANSPORTING SUCH SEAMEN AT THE EXPENSE OF THE UNITED STATES TO A PORT OF SHIPMENT IN THE UNITED STATES MUST BE DISCONTINUED AS OF JUNE 30, 1934.

INFORMATION IS ALSO REQUESTED, IN VIEW OF THE COURT'S DECISION, AS TO THE FUTURE POLICY OF YOUR OFFICE WITH RESPECT TO ADMINISTRATIVELY APPROVED CLAIMS AND ACCOUNTS OF CONSULAR OFFICERS COVERING EXPENDITURES FOR RELIEF AND/OR TRANSPORTATION OF SHIPWRECKED SEAMEN FROM AMERICAN VESSELS, AND FOR AMERICAN SEAMEN WHO ARE DISCHARGED BY CONSULAR OFFICERS, UNDER AUTHORITY CONFERRED BY STATUTE, R.S. 4581, 46 U.S.C., SEC. 683, BECAUSE OF INCAPACITY FOR FURTHER SERVICE; IT BEING UNDERSTOOD THAT, IN CONFORMITY WITH THE DECISION, SUCH RELIEF AND TRANSPORTATION ARE PROVIDED WITHOUT PREVIOUS ATTEMPT TO REQUIRE THE OWNER OR MASTER OF THE VESSEL TO RENDER SUCH RELIEF AND TRANSPORTATION.

IN THE CASE REFERRED TO, THE SUPREME COURT DID NOT HAVE BEFORE IT FOR REVIEW A DECISION OF THIS OFFICE BUT RATHER A DECISION BY A FEDERAL COURT DENYING LIABILITY OF THE GOVERNMENT, AND IN REVERSING SUCH LOWER COURT DECIDED AFFIRMATIVELY UNDER CERTAIN STATUTES, INCLUDING SECTIONS 4578, 4526, AND 4581, REVISED STATUTES, AS AMENDED, THE LEGAL RIGHT OF STEAMSHIP OWNERS TO REIMBURSEMENT FROM THE UNITED STATES OF THE COST OF RETURNING TO THIS COUNTRY THEIR SEAMEN WHEN THE VESSEL, ON WHICH SUCH SEAMEN SERVED WAS LOST, ETC., AND THE RETURN WAS BY SOME OTHER VESSEL OPERATED BY THE SAME OWNERS. IT IS ASSUMED JUDGMENT AGAINST THE UNITED STATES WAS DULY ENTERED ACCORDINGLY BUT THE ACT OF APRIL 27, 1904, 33 STAT. 422, DOES NOT PERMIT THE PAYMENT OF SUCH JUDGMENTS FROM PUBLIC FUNDS UNLESS AND UNTIL THE JUDGMENT HAS BEEN CERTIFIED TO THE CONGRESS AND AN APPROPRIATION MADE FOR THE PAYMENT OF THE JUDGMENT.

THE DECISION OF MAY 2, 1933, REFERRED TO BY YOU, AND OTHER DECISIONS OF THIS OFFICE IN THE MATTER WERE PRIMARILY CONCERNED--- WHETHER SO EXPRESSED OR NOT--- WITH THE AVAILABILITY OF APPROPRIATIONS UNDER THE CONTROL OF THE STATE DEPARTMENT TO MAKE SUCH PAYMENTS, AND THE QUESTIONS WERE ANSWERED IN THE NEGATIVE. SUCH NEGATIVE ANSWERS TO THE USE OF APPROPRIATED MONEYS FOR THE RESCUE, RELIEF, AND PROTECTION OF AMERICAN SEAMEN TO MAKE PAYMENT TO THE STEAMSHIP OWNERS FOR THE TRANSPORTATION ON VESSELS OPERATED BY THEM OF SEAMEN WHO WERE SHIPWRECKED, ETC., WHILE SERVING ON OTHER VESSELS OPERATED BY THE SAME STEAMSHIP OWNERS OR OPERATORS RECEIVED LEGISLATIVE APPROVAL IN ACT APPROVED APRIL 7, 1934, 48 STAT. 533, OR SUBSEQUENT TO THE OPINION OF DECEMBER 4, 1933, IN THE ALASKA STEAMSHIP COMPANY CASE, AS FOLLOWS:

FOR RELIEF, PROTECTION, AND BURIAL OF AMERICAN SEAMEN IN FOREIGN COUNTRIES, IN THE PANAMA CANAL ZONE, AND IN THE PHILIPPINE ISLANDS, AND SHIPWRECKED AMERICAN SEAMEN IN THE TERRITORY OF ALASKA, IN THE HAWAIIAN ISLANDS, IN PUERTO RICO, AND IN THE VIRGIN ISLANDS; AND FOR EXPENSES WHICH MAY BE INCURRED IN THE ACKNOWLEDGEMENT OF THE SERVICES OF MASTERS AND CREWS OF FOREIGN VESSELS IN RESCUING AMERICAN SEAMEN OR CITIZENS FROM SHIPWRECK OR OTHER CATASTROPHE AT SEA; $6,000; PROVIDED, THAT NO PART OF THIS OR ANY OTHER APPROPRIATION SHALL BE AVAILABLE FOR MAKING PAYMENT TO STEAMSHIP OWNERS OR OPERATORS FOR TRANSPORTING A DESTITUTE OR SHIPWRECKED SEAMAN IF THE LAST PREVIOUS SERVICE OF THE DESTITUTE OR SHIPWRECKED SEAMAN WAS ON A VESSEL OF SUCH STEAMSHIP OWNER OR OPERATOR AND WAS NOT TERMINATED BY DESERTION.

ACCORDINGLY, YOU ARE ADVISED THAT APPROPRIATIONS FOR THE RESCUE, RELIEF, AND PROTECTION OF AMERICAN SEAMEN ARE NOT AVAILABLE TO PAY STEAMSHIP OWNERS OR OPERATORS FOR THE TRANSPORTATION OF SEAMEN IN EVENT THE LAST PREVIOUS SERVICE OF SUCH DESTITUTE OR SHIPWRECKED SEAMAN WAS ON A VESSEL OF SUCH STEAMSHIP OWNER OR OPERATOR AND WAS NOT TERMINATED BY DESERTION.