The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-06-22
Sales OF Real Estate.
Nv William KennailX.


| BY william Kennedy.
Lot D. q. corner OF 10th and elst BY
Three lots Of BOomnsdas road and l3lst 4So0
IMPORTANT SALVAGE DECISION.
1900 -~~~~~~-~~-~~~~-~~~--
United states District Court.
Before Judge Shipman. :
In the OF Charles Hargit master Of the steamship
Labuan in behalf OF himself owners and crew, the
propeller Thomas A. Scott her machuery, tackle,
&c., Judge Snpmau on Monday rendered the following
affa OPINION. ~
This libel in rem. fled TO salvage against the
steam propeller Thomas A. Scott, aud alleges that the
steamship Labuan, belonging TO Hull. England, sailed
from New York on tho 25th OF March, 1884, bound for
Lverpoo that after leaving the former port she
series OF heavy gales from tho eastward
and after weatherng them for fifteen days. during which
time she lost her boats consumed nearly oil her GOALS
and had her poop house stove in. her master. deem
Ing IL inprudens Y not impossible to continue
then was, determined 70 run back 70 the pott OF
New York; that white she Wac 50 reforming,
aud about twelve O'Clock H. tho 14th Of April when
aDou. eight miles 70 tie eastward Barnega light those
board heard signal guns OF Distress and ~ about two
made pore sSsy os nss ana found
Orleans 70 New York that AZ soon ~ the Labuan came
within hang distance Of the Scott the master or the lat
completely disabled by the loss Of her rudder and prope
Ter and her provisions all consumed that the Iabuau
way to New York towing her from three O'Clock in the
afternoon Of April IL till about nine O'Clock tho following
and 70 o. ;ss @
alongside Labuan with orders from tho Of
the scott % b take nss the Sy
able to continue TO tow and take her safely into port ~
fused 10 give up the wnereupon the same was cut
That the Scott did not after she taken In tow by the
tug. pass ahead Of the Labuan and that tne latter
reached the Battery at New York at about half past
O'Clock on the day. The libel also alleges that the
Thomas A. Of the value OF two hundred thousand
dollars ant prays for allowance OF salvage TO the
beanis the amount Of twenty thousand dollars The
Attorney OF United States for the Southern district Of
neS claim and ,pierposed pca to the jurisd,cton Of
this Court This plea alleges that the Thomas A. Scott
large steamer belonging wholly 10 and in the exclusive
OF the United Statcs al tho time OF her seizure
by the Marshal under tho process In this suit;
that she Is OF the value Or more than two hun
bred thousand dollars, and that abe was pur
chased by the War Department through the
bureau of the Quartermaster General, and was paid
Of the United states rhe plea further alleges that though
she Is not In commission In the navy yet that she be-
longs To large class o. vessels owaed armed, supplied
and manned by the United Sttes and under the direction
aud control OF the Secretary War; and employed by him
for various purposes connected with the operations
army; that some employed for warifke purposes
only SUCH as keeping rivers enemies batteries
and CO operating with land forces In attacks fortified
towns that others engaged in the transportation OF
troops commissary quartz I'M and ordnance sup.
plcs that they are armed for their own defence and
for offensive operations against privateers and vessels
engaged In breaking the blockade or the Southern
ports, that the Thomas A. scott was al the
time she was fallen in with BY o the ioeIan,s,
| she had been with load OF Ghot shell and
powder the supply OF the army OF the United States
in that quarter armed with two thirty two
pound guns and thirty pound PARROT gum that
she In charge OF civilians employed solely by the
owned by the latter has been that Of transporting
troops. commssary quartermaser ana ordnance supplies
rne plea concludes BY alleging that the steamer in
Lie If Hhu Init
and denying the jurisdiction OF the Court Of this suit II
wolf knows rule Of Law that the judicial tribunals Of
power Of that country Is sought 70 be made party
spondcnt Neither can the property OF the state
% saa rns % s @ rule
land 10 1915, m the case Of the comus cited the
464-shat libel Cor salvage would MOT lie against pub
c armed ships Of that nation. After somewhat dilgent
os che 0S SSo S'pr and ps'
Of which exclusively vested In the sovereign.
Csss 300 Of e. = g
racser. Il has indeed been hold that IN OF general
average the msster o. owners may retain al goods 70
either paid secured. The United States James
wilder, Summers R., aos Tho discussion IN the opn-
wide range, ana Is perhaps iufcrable from parts q
that In cases q ths salvage Of private shpa the goods VI
~ p p or ns
Of The salvage due. Bus do not undsrstasd the
pois oecfoeo 70 90 beyond the case OF gene.
form part q the cargo board Of private YES
sci. Sti 10 must be admitted that case OF salvage OF
private ship, whore part Of tho cargo belonged 70 the
sovereign power could not DO very wolf distinguished
from tho one decided By Judge Story In cases Of
average sad salvage, the master owners have lien
the saved but tho learned Judge, In tbs case just
cited that n such cases the nature use OF
the articles 90 the means OF military and naval opera
lions, may repel any motion Of any Men Whatever
grounded the obvious intention OF the parties These
remarks were made with reference TO arms, artillery,
Of merely private nature. for raosportation In pri.
vase ship. This Court Is informed that the government
has invariably acquesced 10 the rule laid Gown In tho
case OF the United States Va Wilder BY paying general
average It's goods shipped part Of the cargoes
Of private vessels Whether this acquescence has
tended 10 military stores IN time OF war, and designed
for use n actve military operations, the Court has no
OF determining Certainly tho argument ob ncon.
psn,es against the sovereign power submitting s mill.
tary Materials designed Tor active hostties 10 tho
avodabe delays Of judicial tribunals Is very formidable
THIS argument applies with much force to tho Of
judicial proceedings against transport ships as to their
csrgocs, consisting OF supplies and munitions OF war
Indeed boh the transport ship aud cargo would oen be
involved In the delay consequent upon any proceeding
the courts against either. number OF cases have
been cited the argument BY the counsel for the libel,
lapts support OF the Jurisdiction OF the Court,
which / will notice The FIRST IL the
was determined by the English Court Of Admiralty in
I'LL and related 10 the recspture BY the KINGS
ships Of vessel which had fallen into the hands Of the
Americans. The Navy Board coaeaded that tho demaud
was not within the &C. OK Parchment as that extended
only ships goods his Maestys subjects rctaken
| from the enemy But the Court held that OF comm q
right salvage IL always duo for recanture and there
II would BE- iibera 70 constrne the act OF Parliament
narrowly The s very fully reported but nter
from II that prior 10 the prize acts OF Parliament Il
/ bad been. under some form Of proceeding. CUSTOMARY