# Johansen v. United States/Dissent Black

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* Dissenting Opinion Black
United States Supreme Court
343 U.S. 427
Johansen v. United States Mandel
Argued: March 4, 5, 1952. --- Decided: May 26, 1952
Mr. Justice BLACK, with whom The CHIEF JUSTICE, Mr. Justice DOUGLAS and Mr. Justice MINTON concur, dissenting.
Petitioner in No. 414 sued the United States under the Public Vessels Act to recover damages for the death of Willie Dillehay, Jr., who was killed when the United States public vessel on which he worked struck a mine. Petitioner in No. 401 sued under the same Act to recover for personal injuries he suffered while working aboard another public vessel of the United States. The Court, as it must, concedes that these actions are property brought if the 'literal language' of the Public Vessels Act be adhered to. The Court nevertheless decides that petitioners should be denied the benefits accorded by the language of the Act. This holding is premised on the theory that the language Congress used conflicts hopelessly with the purpose Congress sought to achieve. Not being able to establish such a conflict from the Public Vessels Act itself, the Court moves back through the pages of the U.S.C.ode until it arrives at the Federal Employees Compensation Act. Again it can find no language barring petitioners' rights to sue under the Public Vessels Act. However to find such a bar, the Court reasons thusly: The Compensation Act provides for an adequate (probably smaller) recovery in these cases; it is shocking to judicial concepts of symmetry to allow injured persons a choice between two remedies besides 'There is no reason to have two systems of redress'; therefore Congress intended the Compensation Act of 1916 to be exclusive and did not mean what it said nine years later in the Public Vessels Act.
The Court's holding is as unique as the reasoning behind it. Time and time again during the last thirty years other federal courts have allowed injured employees to take their pick-receive compensation benefits, or sue for damages under the Public Vessels or some other Act. Moreover, the Court gives the Government precisely what Congress, after debate, refused to give in 1949. Government representatives then asked Congress to make the Compensation Act 'exclusive, and in place of all other liability of the United States.' The House yielded to this request. The House Report favoring the change stated that when the Compensation Act was enacted in 1916 a 'provision making the Compensation remedy exclusive apparently was then not deemed by the Congress to be necessary.' The Report also stated that such a provision was now needed because of acts such as the Public Vessels Act which 'in general terms' authorize the bringing of damage suits against the Government. The Senate refused to grant the Government's request and prevailed upon the House to accept the present provision of the Act which states that: 'Nothing contained in this Act shall be construed to affect any maritime rights and remedies of a master or member of the crew of any vessel.' This Senate modification of the Bill, as it had passed the House, was offered by Senator Morse and accepted by Senator Douglas who was in charge of the bill. In offering this modification, Senator Morse said: 'Under existing law, Government-employed seamen have been accorded the right to assert their maritime rights against the United States under the Suits in Admiralty Act and Public Vessels Act * * *. I feel they should not be deprived of benefits they have enjoyed for many years without opportunity to have their arguments carefully considered by the appropriate committees of the Congress * * *.' 95 Cong.Rec. 13608. Senator Douglas agreed to the modification, stating that 'The primary consideration for accepting the Senator's amendments preserving the maritime rights and other statutory remedies of seamen is the fact that no hearings were held, no arguments were heard, and no discussion was had on this aspect of the pending bill.' 95 Cong.Rec. 13609.
I do not think this Court should deprive these seamen of rights which the Congress of 1925 gave them and the Congress of 1949 refused to take away.

## Notes

* ↑ 43 Stat. 1112, 46 U.S.C. § 781 et seq., 46 U.S.C.A. § 781 et seq.
* ↑ Section 1 of the Act provides 'That a libel in personam in admiralty may be brought against the United States * * * for damages caused by a public vessel of the United States * * *.'
* ↑ 39 Stat. 742, as amended, 5 U.S.C. (Supp. IV) § 751 et seq., 5 U.S.C.A. § 751 et seq.
* ↑ See e.g., Johnson v. United States, 4 Cir., 186 F.2d 120. In Gibbs v. United States, D.C., 94 F.Supp. 586, 588-589, District Judge Goodman said: 'From a review of court decisions, it can be categorically stated that no federal court decision, other than the case of Posey v. Tennessee Valley Authority, 5 Cir., 1937, 93 F.2d 726, has ever held that the FECA affords the exclusive remedy to federal employees. To the contrary, it has been specifically held that the FECA does not bar suits by federal civilian employees against the Panama Railroad, or against the United States under the Federal Control Act of 1918, under the Suits in Admiralty Act, under the Public Vessels Act and under the Federal Tort Claims Act.' (Footnotes and citations omitted.)
* ↑ H.R.Rep. No. 729, 81st Cong., 1st Sess. 14.
* ↑ 63 Stat. 868, § 305(b). In addition § 201(b), which states that the Compensation Act 'shall be exclusive, and in place, of all other liability of the United States', contains the special exception: 'Provided, however, That this subsection shall not apply to a master or a member of the crew of any vessel.' 63 Stat. 861, 862.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).
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