Docket No. 2501.
UNITED STATES OF AMERICA
on behalf of
Charles George Surman and Lyndon Surman,
Claimants,
v.
GERMANY.
PARKER, Umpire, rendered the decision of the Commission.
This case is before the Umpire for decision on a certificate of the National Commissioners[a] certifying their disagreement.
Mabel Annie Surman, 33 years of age, was lost with the Lusitania. She was born in England and there married Henry George Surman, who was born and remained a British subject. To Surman and his wife were born, in England, two daughters and a son. Thereafter Surman and his wife emigrated from England to the United States. To them were born at Princeton, New Jersey, on July 7, 1910, a son, Charles George Edward, and on April 29, 1913, another son, Lyndon. These two sons are the claimants herein. At the time of their mother’s death Charles was 4 years and Lyndon 2 years of age. The record indicates that their father had but a small earning capacity, worked irregularly, and when he worked earned only about $12 per week, that he neglected his wife and children, and that Mrs. Surman was compelled to work as a housemaid, thus supporting herself and family. Her children were wholly dependent upon her for support. She was physically sound and strong, of good character, and devoted to her children.
At the instance of her brother, Lyndon Bird, Mrs. Surman agreed to accompany his wife to England, whither she journeyed because of impaired health. Mr. Bird agreed to pay all of Mrs. Surman’s expenses, it being understood that she would leave her children with him and would be absent from the only about three weeks. Mrs. Surman and Mrs. Bird took passage on the Lusitania. Both were lost. Shortly thereafter Surman and his daughters, all British subjects, returned to England. The sons Charles and Lyndon, American nationals, were taken in charge by Mrs. Surman’s sister, Mrs. Alice Grant, and she and her husband, American nationals residing in the United States, have since cared for them and they give every promise of becoming useful American citizens. Since their mother’s death their father has made no contributions toward the support of these two children and has apparently ignored their existence.
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 obligated to pay to the Government of the United States on behalf of (1) Charles George Edward Surman, a minor, the sum of five thousand dollars ($5,000.00) and (2) Lyndon Surman, a minor, 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.
Done at Washington February 25, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated February 11, 1925.
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