United States v. Spelar
United States v. Spelar
Opinion of the Court
delivered the opinion of the Court.
The Federal Tort Claims Act is inapplicable by its terms to “any claim arising in a foreign country.”
Flight engineer Mark Spelar, an employee of American Overseas Airlines, was killed on October 3, 1946, in a take-off crash at Harmon Field, Newfoundland. This air base is one of the areas leased for ninety-nine years by Great Britain to the United States pursuant to the same executive agreement and leases discussed at length in Vermilya-Brown Co. v. Connell, 335 U. S. 377. Spelar’s administratrix, respondent here, initiated this action against the United States under the Federal Tort Claims Act in the District Court of the United States for the Eastern District of New York, the district where she resides. She alleges that the fatal accident was caused by the Government’s negligent operation of Harmon Field. The local law which underlies her cause of action is Newfoundland’s wrongful death statute authorizing the executor or administrator to bring suit for death arising from negligence.
We are of the opinion that the court below has erred. Sufficient basis for our conclusion lies in the express words of the statute. We know of no more accurate phrase in common English usage than “foreign country” to denote territory subject to the sovereignty of another nation.
If the words of the statute were not enough, however, to sustain our result, we think the legislative history behind this provision concludes all doubt. The Federal Tort Claims Act of 1946 was the product of some twenty-eight years of congressional drafting and redrafting,
“Mr. Shea. . . . Claims arising in a foreign country have been exempted from this bill, H. R. 6463, whether or not the claimant is an alien. Since liability is to be determined by the law of the situs of the wrongful act or omission it is wise to restrict the bill to claims arising in this country. This seems desirable because the law of the particular State is being applied. Otherwise, it will lead I think to a good deal of difficulty.
“Mr. Robsion. You mean by that any representative of the United States who committed a tort in England or some other country could not be reached under this?
“Mr. Shea. That is right. That would have to come to the Committee on Claims in the Congress.”10
In brief, though Congress was ready to lay aside a great portion of the sovereign’s ancient and unquestioned immunity from suit, it was unwilling to subject the United States to liabilities depending upon the laws of a foreign power. The legislative will must be respected. The present suit, premised entirely upon Newfoundland’s law, may not be asserted against the United States in contravention of that will.
To the extent that Vermilya-Brown Co. v. Connell has any application to the case at bar, it stands as authority for our result here, for it postulates that the executive agreement and leases effected no transfer of sovereignty
In Foley Bros. v. Filardo,
The decision must be
Reversed.
62 Stat. 984, 28 U. S. C. (Supp. II) § 2680 (k). The language was identical at the time this suit was instituted though at that time contained in 60 Stat. 846, 28 U. S. C. § 943 (k).
Spelar v. United States, 171 F. 2d 208.
Cons. Stats. of Newfoundland (3d Series), c. 213. Local law must be pleaded since the Federal Tort Claims Act permits suit only “where the United States, if a private person, would be liable ... in accordance with the law of the place where the act or omission occurred.” 60 Stat. 843, 28 U. S. C. § 931 (a). The substance of this provision is now embodied in 62 Stat. 933, 28 U. S. C. (Supp. II) § 1346 (b).
Spelar v. United States, 171 F. 2d 208, 209.
See Mr. Justice Brown for the Court in De Lima v. Bidwell, 182 U. S. 1, 180: “A foreign country was defined by Mr. Chief Justice Marshall and Mr. Justice Story to be one exclusively within the sovereignty of a foreign nation, and without the sovereignty of the United States. The Boat Eliza, 2 Gall. 4; Taber v. United States, 1 Story, 1; The Ship Adventure, 1 Brock. 235, 241.”
Agitation for reform of the cumbersome private bill procedure bore its first fruit in H. R. 14737 introduced in the third Session of the Sixty-fifth Congress in 1919. The subject was almost continuously before one House or the other until the final passage of the substance of the present Act by the Seventy-ninth Congress. In the revision of the Judicial Code, Act of June 25, 1948, 62 Stat. 869, minor amendments, not relevant here, were made.
H. R. 5373,77th Cong., 2d Sess., § 303 (12).
Hearings, H. R. 5373 and H. R. 6463, 77th Cong., 2d Sess., pp. 29, 35, 66. The Attorney General’s revised version was H. R. 6463, § 402 (12).
The shape of the Federal Tort Claims Act was largely determined during its consideration in the course of the 77th Congress. Subsequently the bill was reintroduced without substantial modification or further hearings until its enactment during the 79th Congress. The revised version of the tort claims bill introduced during the 2d session of the 77th Congress, S. 2221, was reported favorably by the Senate Committee on the Judiciary (S. Rep. No. 1196, 77th Cong., 2d Sess.), and passed the Senate. 88 Cong. Rec. 3174. The House Committee on the Judiciary, to which it was then referred, and which had been holding hearings on H. R. 6463, the companion measure to S. 2221, the bill passed by the Senate, reported the bill favorably (H. R. Rep. No. 2245, 77th Cong., 2d Sess.), but it was never considered by the House. It was reintroduced in the 78th Congress (H. R. 1356, 78th Cong., 1st Sess.; S. 1114, 78th Cong., 1st Sess.), but no action was taken and again in the 79th Congress (H. R. 181, reported in H. R. Rep. No. 1287, 79th Cong., 1st Sess.). It was finally passed by the 79th Congress as part of the omnibus Legislative Reorganization Act. 60 Stat. 842.
Hearings, supra note 8, p. 35.
Vermilya-Brown Co. v. Connell, 335 U. S. 377, 380.
336 U. S. 281, 285. The ease holds the Eight Hour Law inapplicable to Government contractors working on military bases not under lease to the United States.
Concurring Opinion
concurring.
In some aspects, no doubt, every statute presents a unique problem for interpretation. But the presuppositions of the judicial process in construing legislation
I agree that the Federal Tort Claims Act does not afford a right of action for the negligent conduct of the Government, through its employees, at one of the bases held by the United States under the long-term arrangements made with Great Britain. But the road traveled by the Court’s opinion in reaching this result does not seem to me the way to get there.
The Court’s opinion finds the phrase “foreign country,” in that Act’s restriction against claims “arising in a foreign country,” to be as compelling in excluding the Newfoundland air base, under the kind of control that the United States exercises at these bases, as less than a year ago it found the term “possessions” in the Fair Labor Standards Act to be compelling in including these bases. Vermilya-Brown Co. v. Connell, 335 U. S. 377. To assume that terms like “foreign country” and “possessions” are self-defining, not at all involving a choice of judicial judgment, is mechanical jurisprudence at its best. These terms do not have fixed and inclusive meanings, as is true of mathematical and other scientific terms. Both “possessions” and “foreign country” have penumbral meanings, which is not true, for instance, of the verbal designations for weights and measures. It is this precision of content which differentiates scientific from most political, legislative and legal language.
A “foreign country” in which the United States has no territorial control does not bear the same relation to the United States as a “foreign country” in which the United States does have the territorial control that it has in the air base in Newfoundland. In the entangling relation
The considerations that led me to join in the dissent in Vermilya-Brown Co. v. Connell, supra, lead me to concur with the Court’s construction of the Tort Claims Act in this case.
Concurring Opinion
concurring.
I reach the same result; but I could hardly do so, as does the Court., by reiteration of the prevailing opinion in Vermilya-Brown Co. v. Connell, 335 U. S. 377. That decision, taken with the present one, adds up to this: If an employee should chance to work overtime on a leased air base, he can maintain an action for extra wages, penalties and interest, because the Court finds the air base to be a “possession” of the United States. However, if he is injured at the same place, he may not proceed under
Reference
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- United States v. Spelar, Administratrix
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