Docket No. 464.
UNITED STATES OF AMERICA
on behalf of
Richard R. Freeman, Mary M. Freeman, and Richard R. Freeman as Administrator of the Estate of Richard R. Freeman, Jr., 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 two National Commissioners[a] certifying their disagreement. A brief statement of the facts as disclosed by the records follows:
Richard R. Freeman, Jr., an American national, 28 years of age, was a passenger on and went down with the Lusitania. He was survived by his father, Richard R. Freeman, and his mother, Mary M. Freeman, then 54 and 55 years of age, and also by two sisters, Elizabeth and Catherine, both unmarried, then aged 27 and 23 years respectively, all of whom were born and have ever remained American nationals. No claim is put forward on behalf of these two surviving sisters.
The deceased was a graduate of Harvard University and of Harvard Engineering School. By profession a mining engineer, he was en route to Russia to become an assistant mining engineer for a Russian company under an agreement that all of his expenses would be paid and his salary would be made satisfactory to him. He had previously been employed as a mining engineer by a Michigan company at a salary of approximately $1,200 per annum, which position he surrendered to better his condition. He took high rank at college, his habits were good, his character unimpeachable, and his employers certify that he was capable, industrious, and resourceful. His father was and is employed on a salary and has a modest income from this and other sources, a considerable part of which he has devoted to the education of his three children. The deceased had never married and at the time of his death was not contributing to the support of anyone.
The deceased was the last in the male line of an old and honored family. The record, including the sworn testimony of Mrs. Freeman’s physician, clearly indicates that the shock due to the death of her only son placed a severe strain on both her mind and body, from which she suffered acutely for several years. Her daughter Elizabeth, a college graduate, who was employed as a teacher of history in a private school, was compelled to relinquish her position and remain at home to take care of her mother for a period of seven years, after which she resumed teaching. Mrs. Freeman’s physician certifies that as a result of the tragic death of her only son her whole life has changed and she has aged in every tissue and fiber of her being.
The deceased and with him on the Lusitania personal property of the value of $560.20, all of which was lost.
Applying the principles and rules heretofore announced in the decisions of this Commission to the facts as 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) Richard R. Freeman and Mary M. Freeman, his wife, jointly the sum of ten thousand dollars ($10,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and (2) Richard R. Freeman as Administrator of the Estate of Richard R. Freeman, Jr., deceased, the sum of five hundred sixty dollars twenty cents ($560,20) with interest thereon at the rate of five per cent per annum from May 7, 1915.
Done at Washington September 19, 1924.
EDWIN B. PARKER,
Umpire.
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[a] Dated February 14, 1924.
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