Docket No. 236.
UNITED STATES OF AMERICA
on behalf of
Thomas C. Miller, Emma J. Miller, and Thomas C. Miller as Administrator of the Estate of James B. Miller, 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:
James B. Miller, an American national, was a passenger on and went down with the Lusitania. At that time he was 31 ½ years of age, unmarried and left no issue. His father, Thomas C. Miller, then 59 ½ years of age, his mother, Emma J. Miller, then 55 years of age, a married sister, Adena Miller Rich, and a brother, Thomas C. Miller, Jr., all of whom were born and have ever remained American nationals, survived him. The deceased had contributed to the education of his sister and younger brother, but at the time of his death they were not dependent on him and he was making no contributions to them. No claim is made on their behalf. The father of deceased has long been and still is an honored member of the bar of Erie, Pennsylvania.
At the time of his death Captain Miller was in the service of the United States Department of Commerce as Assistant in the Coast and Geodetic Survey receiving a salary of $2,000 per annum plus an allowance of $2.50 per day in lieu of subsistence while on active field duty. He had a most enviable record, had been especially commended by the Secretary of Commerce for distinguished services, was strong, active, and ambitious, and his prospects for advancement were bright. At the time of his death he was en route to Glasgow, Scotland, to take up advanced study in the University of Glasgow in furtherance of his life’s work.
While at the time of his death the deceased was not contributing to the support of his parents, the record affirmatively indicates that he was definitely planning to care for them in their old age and equipping himself to that end. His brother and sister, both married, with others dependent on them, were not and are not in a position to care for their parents, now advanced in years. That a great loss was sustained in the death of James B. Miller there can be no doubt. While the evidence of pecuniary loss congnizable under the law is somewhat meager, the facts stated and the justifiable inferences therefrom support a substantial award.
The deceased had with him personal property of the value of $3,650 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) Thomas C. Miller and Emma J. Miller, his wife, jointly, the sum of fifteen thousand dollars ($15,000.00) with interest thereon at the rate of five per cent per annum from November 1, 1923, and (2) Thomas C. Miller as Administrator of the Estate of James B. Miller, deceased, the sum of three thousand six hundred fifty dollars ($3,650.00) 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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