Docket No. 65.
UNITED STATES OF AMERICA
on behalf of
Thirza Ann Foley, individually and as Executrix of the Estate of Arthur R. Foley, Deceased,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
This case is before the Umpire for decision on a certificate of the American Commissioner and the German Commissioner[a] certifying their disagreement. A brief statement of the facts as disclosed by the record follows:
The United States asserts this claim on behalf of Thirza Ann Foley individually and as Executrix of the Estate of Arthur R. Foley, Deceased, and also on behalf of Lizzie Louisa Foley, a daughter, Joseph Bertram Foley, a son, and Ruth Wainwright Foley, a daughter, of Arthur R. Foley, deceased, and his wife, Thirza Anne Foley. The decedent, an American national, lost his life in the sinking of the Lusitania, on which he was a passenger. At the time of his death he was 51 years of age and was then and long had been in the employ of the Hood Rubber Company, of Trenton, New Jersey, as a traveling salesman at a salary of $3,120 per annum with prospects for advancement. He enjoyed exceptionally good health. He was sober, industrious, and frugal. His personal expenses were unusually small, practically his entire income being devoted to the maintenance and support of his family and education of his children. His daughter Lizzie Louisa was at the time of his death 25 years of age and had been educated as a teacher. His son was then 22 years of age and self-sustaining. The youngest child, Ruth, was then 15 years old and in attendance on the Trenton High School. The surviving wife was then 49 years of age. All of the claimants were then and have ever since been American nationals.
No claim is made for property lost.
Applying the rules announced in the Lusitania Opinion to the facts disclosed by the record, the Commission decrees that under the Treaty of Berlin of August 25, 1921, and in accordance with its terms the Government of Germany is obligated to pay to the Government of the United States on behalf of (1) Thirza Ann Foley individually the sum of twenty-five thousand dollars ($25,000.00) and (2) Ruth Wainwright Foley the sum of five thousand dollars ($5,000.00), with interest on each of said sums at the rate of five per cent per annum from November 1, 1923; and further decrees that the Government of Germany is not obligated to pay to the Government of the United States any amount on behalf of the other claimants therein.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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