Docket No. 237.
UNITED STATES OF AMERICA
on behalf of
Andrew Kerr,
Claimant,
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 claimant, Andrew Kerr, a coal miner by occupation, was born in Scotland in 1870, removed to the United States in 1906, and became by naturalization a citizen of the United States in 1912. At that time he had a wife, a daughter, Agnes, then 18 years of age, a son, Andrew, then 16 years of age, and a son, Walter, then 14 years of age. His daughter Agnes married James Tulloch. Both Mr. and Mrs. Tulloch were born in Scotland and the former never became a naturalized citizen of the United States. On June 14, 1914, Mrs. Tulloch, while in Montana, gave birth to a daughter who was named Hannah. Mr. and Mrs. Tulloch with their infant daughter were lost on the Lusitania. This claim is put forward on behalf of Andrew Kerr as the grandfather and next of kin of the infant, Hannah Tulloch, who was less than one year of age at the time of her death. There is testimony to the effect that Mr. and Mrs. Tulloch intended to return to and take up their residence permanently in the United States.
Applying the rules announced in the Lusitania Opinion 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 the terms of the Government of Germany is not financially obligated to pay to the Government of the United States any amount on behalf of Andrew Kerr, claimant herein.
Done at Washington February 21, 1924.
EDWIN B. PARKER
Umpire.
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[a] Dated February 14, 1924.
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