Reporter's Statement of the Case 105 C. Cls. General at Hong Kong to provide maintenance and repatriation for these members of the crew of the S. S. President Hoover as being distressed seamen (see letter attached). The American Consulate General at Hong Kong deferred acceptance of this responsibility pending instructions from the Department of State (see attached letter of December 17th to the Robert Dollar Company, Hong Kong; also telegram of December 23, 1 p. m., to the Department of State). The Robert Dollar Company by letter of December 18th (attached), then accepted this responsibility under protest (see also attached letters of December 21st, 22nd, 24th, and January 7th, 1938.) (See also attached letters from the American Consulate General at Hong Kong to the Robert Dollar Company, dated December 17th and 21st). (4) The Robert Dollar Company, Hong Kong, has submitted receipted bills showing HK $3,680.90 as having been disbursed by them locally for maintenance of these men. HK $3,680.90 at 31%, the bank's buying rate of January 7, 1938, equals US $1,154.88. (5) The local agent of the Robert Dollar Company states that the American Mail Line owns and operates its vessels independently of the Dollar Steamship Line. (See attached letter of December 22nd from the Robert Dollar Company.) ADDISON E. SOUTHARD, 15. On January 12, 1938, the consul of the United States at Manila, P. I., issued the following certificate relative to the transportation of the eleven seamen from Manila, P. I., to San Francisco by the S. S. President McKinley: I, the undersigned American Consular officer, hereby certify that to the best of my knowledge and belief transportation was provided for the fifteen destitute American seamen whose names are listed on the attached sheet from Hoishoto Island, near Formosa, to Manila, P. I., and from Manila, P. I., to San Francisco, California, by the American Mail Line, Ltd., on board the American steam vessel President McKinley, which it owns, and of which Clyde F. Bryant is Master. The cause of discharge in the case of each and every one of the fifteen seamen whose names are included in the attached list was that his services were terminated by shipwreck. Each of said seamen was a member of the crew of the S. S. President Hoover, which ran 1 Reporter's Statement of the Case aground off Hoishoto Island on or about midnight on December 10, 1937. Each and every one of the fifteen seamen whose names are listed on the attached sheet is understood to have been able to perform duty at the time transportation as above stated was provided for him. The seamen referred to sailed from Hoishoto Island at 5:30 p. m. on December 13, 1937, on the S. S. President McKinley having been picked up by that vessel from Hoishoto Island. The S. S. President McKinley on this voyage arrived in Manila with these fifteen seamen on board on December 15, 1937, and departed from Manila with these seamen on December 16, 1937. Since the question of a claim against the United States Government for transportation of these fifteen seamen to the United States was not raised at that time the undersigned consular officer did not have occasion to issue a Form 24 certificate and supply a copy to the Master while the S. S. President McKinley was in Manila. The owner of the S. S. President Hoover is the Dollar Steamship Lines, Incorporated, Ltd. No vessel of the Dollar Line was available to transport the said seamen away from the shipwreck. There was no vessel of the Dollar Line leaving Manila until the departure of the S. S. President Coolidge on January 5, 1938. I further certify that it is understood that, on condition of the presentation of this certificate to the Department of State, bearing the indorsement of the Collector of Customs at the port of San Francisco that the seamen listed on the attached sheet have arrived on said vessel within his district, and, the claim on the following sheets hereof being properly executed and supported, the Master of the S. S. President McKinley or his assigns shall be entitled to receive such compensation, if any, as may be allowed by the Comptroller General of the United States for the transportation of such destitute seamen in conformity with section 4578 of Revised Statutes, as amended by section 9 of the act of June 26, 1884, section 18 of the act of June 19, 1886, the act of June 1, 1927, and the act of January 3, 1923 (42 Stat. 1072). And I further certify that the distance of the voyage from Hoishoto Island to Manila is 646 statute miles as calculated from the figures entered in the log of the S. S. President Grant which made the same voyage in December 1937, and that the distance from Manila to Reporter's Statement of the Case 105 C. Cls. Hong Kong is 729 statute miles; from Hong Kong to Kobe 1,701 statute miles; from Kobe to Yokohama 409 statute miles; from Yokohama to San Francisco 5,220 statute miles, making a total of 8,059 statute miles between Manila and San Francisco on the route taken by the S. S. President McKinley according to the records of the Robert Dollar Company in Manila. I further certify that the lowest passage rate on the S. S. President McKinley between Manila and San Francisco via the route established for this voyage is $138.46. Given under my hand and the seal of this office this twelfth day of January 1938 A. D. HENRY B. DAY, Consul of the United States of America. MANILA, P. I., January 12, 1938. List of American seamen whose last service was on the S. S. President Hoover, who were transported from Hoishoto Island on the S. S. President McKinley, and who left Manila on that vessel for San Francisco on December 16, 1937. 16. The landing certificate of the Collector of Customs at San Francisco, California, shows that on January 7, 1938, the S. S. President McKinley disembarked at the port of San Francisco 156 persons listed as former members of the crew of the President Hoover. The names and identification of the former crew members are set forth in a list copied from the passenger manifest of the President McKinley, which list is Exhibit A attached to the stipulation filed in this case on November 30, 1943, and which is made a part of this find 1 Reporter's Statement of the Case ing by reference. This exhibit lists separately the eleven seamen transported from Manila, via Hong Kong, to San Francisco, and 145 other seamen transported from Hong Kong to San Francisco. 17. The President McKinley, en route from Manila to San Francisco, sailed from Manila to Hong Kong, from there to Kobe, Japan, and thence to Yokohama, Japan, and from there to San Francisco, California. If the vessel had proceeded direct from Manila to San Francisco, the normal and usual navigating distance as compiled by the Hydrographic Office of the United States Navy Department would be either 6,299 nautical miles, equivalent to 7,158 statute miles, or 6,221 nautical miles, equivalent to 7,069 statute miles, depending upon the route chosen. If the vessel had proceeded direct from Hong Kong to San Francisco the normal and usual navigating distance as similarly compiled would be 6,044 nautical miles, equivalent to 6,868 statute miles. The usual and customary navigating distances as compiled by the Hydrographic Office between the points indicated are as follows: (a) Manila and Hong Kong-631 nautical miles, equivalent to 717 statutory miles. (b) Hong Kong and Kobe-1,372 nautical miles, equivalent to 1,559 statutory miles. (c) Kobe and Yokohama-353 nautical miles, equivalent to 401 statutory miles. (d) Yokohama and San Francisco-4,536 nautical miles, equivalent to 5,155 statutory miles. (e) Hong Kong and San Francisco via Kobe and Yokohama 6,261 nautical miles, equivalent to 7,115 statutory miles. (f) Manila and San Francisco via Hong Kong, Kobe, and Yokohama-6,892 nautical miles, equivalent to 7,834 statutory miles. 18. The lowest passenger rate of the American Mail Line between Manila, P. I., and San Francisco, California, in December 1937, available for returning seamen other than Chinese and Russian, was $138.46. The lowest passenger rate of the American Mail Line in December 1937 between Hong Kong and San Francisco for returning seamen, other than Chinese and Russian was $138.86. Reporter's Statement of the Case 105 C. Cls Repatriation compensation, computed at two cents per statute mile for transportation of the eleven former members of the crew of the President Hoover from Manila to San Francisco on the basis of the shortest and most direct route (7,069 statute miles), would have exceeded the lowest passenger rate. At two cents per statute mile, compensation for transportation of the 145 former members of the crew of the President Hoover from Hong Kong to San Francisco would be $137.36 each, on the basis of the shortest and most direct route from Hong Kong to San Francisco (6,868 statute miles), or $1.50 less than the lowest passenger fare per person. On the basis of the actual route taken by the President McKinley, which was from Hong Kong to San Francisco via Kobe and Yokohama (7,115 statute miles), compensation at two cents per mile would exceed the lowest passenger rate. 19. On November 15, 1940, the American Mail Line Ltd. forwarded to the Secretary of State, Washington, D. C., an amended claim for the transportation of the ex-crew members of the President Hoover, which claim contained the following three items: (1) 145 seamen from Hong Kong, China, to San Fran- (2) 15 seamen from Hoishoto Island, Formosa, to $20, 134. 70 193.80 1,523. 06 21, 851. 56 20. On December 30, 1940, the American President Lines, Ltd., executed the following assignment to American Mail Line Ltd.: WHEREAS, Dollar Steamship Lines, Inc., Ltd., was the owner of the S. S. President Hoover, which was wrecked at Hoishoto Island, Formosa, on or about December 10-11, 1937; and WHEREAS, the corporate name of Dollar Steamship Lines, Inc., Ltd., has been changed to American President Lines, Ltd., and WHEREAS, American Mail Line, Ltd. has advised the undersigned that it has heretofore filed with the State Department of the United States of America certain claims dated November 15, 1940, described as follows: |