Docket No. 1330.
UNITED STATES OF AMERICA
on behalf of
Ethel Dekle Strobel, individually and as natural guardian of Thomas James Silva, Jr., and Bettina Silva,
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.
It appears from the record that Thomas James Silva, an American national, nearly 27 years of age, was lost the Lusitania. He left surviving him a widow, Ethel D., then 26 years of age, a son, Thomas J., Jr., then 3 years of age, and a daughter, Bettina, then one year eight months of age. At the time of his death the deceased was in the employ of a cotton firm and was going abroad on the business of his employers. The “cotton season” is from six to nine months’ duration. The deceased had contracted to furnish his services for the cotton season of 1914–1915 at a salary of $1,800 and for the season 1915–1916 at a salary of $2,400. He was free to pursue such activities or other employment as he saw fit during that part of the year not embraced in the cotton season.
The deceased had no source of income other than from his personal efforts. He was strong, active, and industrious, with every prospect of increasing his earning capacity. His widow and children were entirely dependent upon him. His death left them practically destitute. Following his death his widow was compelled to return to her family at Thomasville, Georgia, and she and her children were dependent upon them for support. On April 23, 1921, the widow married Dr. Frank A. Strobel, of Thomasville, Georgia, an American national.
No claim is made for property of the deceased lost with him.
Applying the rules announced in the Lusitania Opinion and in the other decisions of this Commission to the facts in this case 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) Ethel Dekle Strobel the sum of seven thousand five hundred dollars ($7,500.00), (2) Thomas James Silva, Jr., the sum of nine thousand dollars ($9,000.00), and Bettina Silva the sum of ten thousand dollars ($10,000.00), with interest on each of said sums at the rate of five per cent per annum from November 1, 1923.
Done at Washington January 7, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated December 17, 1924.
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