Docket No. 2558.
UNITED STATES OF AMERICA
on behalf of
John Williams, individually and as next friend of Edith Williams and John Edward Williams and as Administrator of the Estates of Annie Millman Williams, George Albert Williams, Ethel Williams, Florence Williams, and David Williams, 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.
From the record it appears that John Williams, a claimant herein, married Annie Millman at Manchester, England, in 1896. Both were born and remained British subjects. They lived in Manchester until April, 1904, when they migrated to the United States. Whether or not any children had been born to them prior thereto is not disclosed. The record states that David was their ninth child. The six children hereafter mentioned were all born in the United States subsequent to April, 1904.
John Williams was employed as a groom until April 1, 1915, when he entered the employ of the Cunard Steamship Company as a steward and sailed on the Lusitania for England on that date. He testifies that “He had previously arranged for his wife and six children to sail on the next voyage of the ‘Lusitania’ to England where they expected to set up housekeeping.” On reaching Liverpool Williams left the Lusitania to arrange for a house and prepare it for the arrival of his family and therefore did not sail on the Lusitania from New York May 1, 1915. His wife and six children were passengers on the Lusitania on her last trip. The third-class passenger list gives their residence as Newark, New Jersey, the nationality of Mrs. Williams and five of her children as “England”, and the nationality of David Williams (aged three months) as “United States”. Why this distinction of nationality is made between the youngest child and the other five children is not disclosed.
Mrs. Williams, then 38 years of age, her son George Albert, nearly 8 years, her daughter Ethel, 5½ years, her daughter Florence, 4 years, and her son David, 3 months of age, were all lost with the Lusitania. Her son John Edward, 10 years, and her daughter Edith, 9 years of age, were rescued and survive[d]. The father at once took the two surviving children to the home of his sister in England, where they remained about a year. In May, 1916, Williams, who was still employed as steward for the Cunard Line, brought his two children to the United States, where they remained with friends, but in a short time he took them back to England, where they have since resided. The son John Edward is now 20 and the daughter Edith now nearly 19 years of age. The testimony of neither has been presented to this Commission. The clear inferences from the facts stated are that they will continue to reside in England.[*]
It appears from the record that the claim here under consideration “was presented to the British Government but since the British Government took the position that it would not exact reparations for the death of anyone who was not making actual money contributions to the claimant were were not able to recover there”. Presumably this claim was presented to the “Royal Commission on Compensation for Suffering and Damage by Enemy Action” within Annex I to Seciton I of Part VIII of the Treaty of Versailles (see note 5, page 210, Decisions and Opinions of this Commission). In presenting their claim the claimants must have represented themselves or been represented as British subjects. Apparently no point was made as to their nationality, but their claim was denied by the British Government because the decedents had not made any money contributions to the claimants.
John Williams testifies that prior to April 1, 1915, he had been employed as a groom, by various families in the towns in which he had lived, and that on or about April 1, 1915, he entered the employ of the Cunard Steamship Line as a steward. Other than this meager statement and the facts that Mrs. Williams and her six children, all in good health, took third-class passage on the Lusitania and that she and four of her children were lost, the record is barren of any statement of fact which would enable this Commission to measure the damages, if any, sustained by the two surviving children of Mrs. Williams resulting from her death. There is not a scintilla of evidence in the record throwing any light on Mrs. Williams’ character, pursuits, habits, relations to and influence over her children, or any fact on which the Commission could base a finding that the surviving children had suffered pecuniary damages resulting from her death. It must be assumed that no such evidence of damages exists. At all events the claimants have wholly failed to discharge the burden resting on them to prove their case.
There is in the record a petition signed John Williams by his attorney in which it is recited:
Your Petitioner estimates the financial damages sustained by him from the death of his said four children to amount to the sum of $40,000.00. That in addition, your Petitioner has been damaged by the loss of baggage and personal effects of said deceased children amounting to the sum of $250.00.
John Williams was at the time of the sinking of the Lusitania and has since remained a British national. Clearly the claim for damages suffered by him is impressed with his British nationality and can not be here put forward by the United States. No claim is made on behalf of the surviving children for the value of the property if any lost by them.
Applying the rules announced in the Lusitania Opinion, in Administrative Decision No. V, and in the other decisions of this Commission to the facts as disclosed by the record herein, the Commission decrees that under the Treaty of Berlin of August 25, 1921, and in accordance with its terms the Government of Germany is not obligated to pay to the Government of the United States any amount on behalf of the claimants herein or any of them.
Done at Washington March 5, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated February 11, 1925.
[*] Both Edward and Edith eventually moved back to the United States, with Edward residing in New Jersey and Edith in California.
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