Docket No. 2186.
UNITED STATES OF AMERICA
on behalf of
John Waters, Stephen Waters, Bridget Waters, Elizabeth Waters, and Frank V. Kelly as Administrator of the respective Estates of Catherine Waters and Margaret Waters, 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 National Commissioners[a] certifying their disagreement.
Catherine Waters and Margaret Waters, sisters, spinsters about 29 and 25 years of age respectively, were lost with the Lusitania. The record presented with respect to their nationality, their earning capacities, their incomes, and the disposition made by them of such incomes is extremely meager. It appears, however, that both of them were born in Ireland, that they were survived by a father, a brother, and a married sister, all residing in Ireland, by two brothers residing in California, one sister residing in Nebraska, and one sister residing in New York. The names of the decedents appear on the second-cabin passenger list of the Lusitania and there is residence is given as Elcentra, California, their nationality “British”. There is no claim made that they ever became American citizens. On this state of the record the Umpire finds as a fact that the decedents were British subjects. On November 22, 1910, John Waters, a brother of the decedents, became through naturalization an American citizen. There is no evidence in the record with respect to the nationality of Stephen Waters, another brother residing in California, of Bridget Waters, a sister residing in Nebraska, and Elizabeth Waters, a sister residing in New York, nor does the record disclose their ages, occupations, or stations in life. As John, Catherine, and Margaret Waters were all born in Ireland and their father, Philip Waters, continued to reside in Ireland, it may be assumed that all of his children were natives of Ireland. There is no suggestion in the record that Stephen, Bridget, or Elizabeth ever became American citizens. It is significant that their testimony is not offered. In this state of the record the Umpire finds as a fact that they were on the date of the sinking of the Lusitania British subjects.
The decedents were both by occupation “nurses”, each earning about $25 per week. There are affidavits in the record from one Thomas McGowan, residing in Brooklyn, a friend of the Waters family, who states “Upon information and belief” that the decedents were each accustomed to make gifts or presents to John, Stephen, Elizabeth, and Bridget Waters amounting annually to about $50, and that Catherine Waters had assumed the obligation of educating her sister Elizabeth at a cost of approximately $500. The testimony of the claimants Elizabeth, Bridget, and Stephen, who are in the best positions to speak with reference to the contributions made or which would probably have been made to them by the decedents, has not been offered. There are several affidavits in the record from John Waters to the effect that he loaned to Catherine the sum of $500 and to Margaret the sum of $400 to be used by them respectively to purchase transportation from California to New York and thence by Lusitania to Ireland and to pay other necessary expenses of the journey, which sums they respectively agreed to repay him, and claim is made by him for the amount of these loans. His testimony tends to negative the claim that he was in any way dependent upon the decedents or that they made, or would probably have made, any contributions to him. There are statements in the record to the effect that Catherine had with her on the Lusitania personal property of the value of $1,000, of which $500 was cash, and that Margaret had with her personal property of the value of $800, of which $400 was cash, all of which was lost. It will be noted that the cash claimed to have been lost is the amount which John loaned his sisters with which to pay their transportation and other expenses from California via New York to Ireland, and a considerable portion must already have been spent by them. This, however, is immaterial as, whatever the value of the property which was lost, it was impressed with their British nationality and, as they died intestate, claims for the value of this property would have passed by inheritance to their father, a British national.
Applying the rules announced in the Lusitania Opinion, in Administrative Decisions No. V and No. VI, and in the other decisions of this Commission to the facts as disclosed by this 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 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 February 25, 1925.
EDWIN B. PARKER,
Umpire.
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[a] Dated February 11, 1925.
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