ORDER OF THE COURT RELATING TO THE DEATH OF GEORGE M. ANDERSON

OCTOBER 28, 1927.

On December 22, 1919, Mr. George Minor Anderson consented to accept an important and confidential position with this court. He had previously and for many years successfully discharged the duties of special attorney in the Department of Justice, and was well and favorably known as a most efficient, industrious, and reliable attorney and counselor at law.

On Sunday, August 7, 1927, Mr. Anderson, following a sudden illness, died at his home in Rockville, Md. His death deprived this court of personal services of inestimable value. We not only deplore the loss of his services, but the loss of the man himself. He was intensely conscientious, a tireless worker, a most affable and agreeable companion, kind, generous, and considerate-in all respects a gentleman.

Aside from his unselfish devotion to his immediate family, his single ambition was to discharge his obligations to the trust and confidence imposed in him by others, and to these duties and obligations he gave all his physical strength and vigor with an intensity that brought about his sudden and unexpected demise.

To his family and friends we desire to express our sincere appreciation of the man with whom we came in daily contact for years and our sense of a personal loss.

That the public may know that his personal worth and services were fully appreciated by those to whom they were given, we order this memorial to be spread upon our records, and a copy of the same transmitted to his widow at Rockville, Md.

CASES DECIDED

IN

THE COURT OF CLAIMS

JULY 1, 1927, TO (IN PART) FEBRUARY 20, 1928

AMOS D. CARVER, S. E. TURNER, CLIFFORD N. CARVER, SCOTT BLANCHARD, P. B. BLANCHARD, JAMES B. PARSE, A. N. BLANCHARD, AND W. A. BLANCHARD v. THE UNITED STATES1

[No. C-459]

On the Proofs

Suspension and cancellation of contract, act of June 15, 1917; charter party; just compensation.-Where at the request of the United States Shipping Board an American-owned vessel was detained in a foreign port during April and May, 1918, in order that it might be decided whether it should carry on the return voyage to the United States a cargo of wheat for the United States Food Administration Grain Corporation, which it was thereafter required to do, and the owners of said vessel were thereby prevented from carrying out a more profitable charter party which had previously been entered into, the detention and subsequent requirement as to return cargo constituted a suspension and cancellation of said charter party under the act of June 15, 1917, for which the owners of the vessel are entitled to just compensation.

Same; demurrage for period of detention.-Under the circumstances recited the owners of the vessel, having been relieved of the expenses incident to the canceled charter party, are not entitled to demurrage for the period of detention.

The Reporter's statement of the case:

Mr. F. E. Scott for the plaintiff.

Mr. J. Frank Staley, with whom was Mr. Assistant Attorney General Herman J. Galloway, for the defendant. Decided January 17, 1927. Motion for new trial overruled December 19, 1927.

1 Certiorari granted.

109770-28-C C-VOL. 64- -1

Reporter's Statement of the Case

The court made special findings of fact, as follows: I. Plaintiffs are citizens of the United States and have at all times borne true allegiance to said Government and have not in any way voluntarily aided, abetted, or given encouragement to rebellion against to rebellion against the United States. Amos D. Carver, one of the plaintiffs, was during the transactions hereinafter described the managing owner of a certain ship, called the Betsey Ross, and the ownership of said vessel during said time was vested in the plaintiffs in the following proportions:

15

Amos D. Carver, ; S. E. Turner, ; H. N. Blanchard, Clifford N. Carver, ; James B. Parse, ; W. A. Blanchard,; Scott Blanchard, ; and P. B. Blanchard,

Said vessel was a five-masted sailing ship classed as 100-A-1, by British Lloyds Registry, and was of the measurement of 242.9 feet in length, 44.9 feet in width, and 19.7 feet in depth. Said vessel was built for plaintiffs by the Seaborn Shipbuilding Company at Tacoma, Washington, between the approximate dates of March 19, 1917, and October 8, 1917, at a cost to said plaintiffs of $176,000. Her net tonnage was 1,503, her gross tonnage 1,670, and her dead-weight cargo capacity was approximately 2,950

tons.

II. On August 30, 1917, plaintiffs entered into charter party with Messrs. J. J. Moore & Company, of San Francisco, California, for the transportation of a cargo of lumber from Chemainus, British Columbia, Dominion of Canada, to Melbourne, Australia, at the charter rate of $39 for each 1,000 feet, board measure. One of the conditions of said charter was as follows:

"This charter is subject to charter for return cargo being signed in New York, promptly after advice that this charter has been signed here."

Simultaneously with said lumber charter, plaintiffs entered into a charter party with the Mutual Chemical Company of America at New York which provided that said vessel on her return voyage should transport a cargo of chrome ore from the Island of New Caledonia (800 miles east of Australia) to New York or Baltimore, at the rate of $60 United States currency per ton of 2,240 pounds.