New-York daily tribune., 1866-04-09

1 th.Y Qp~Iat
psr,uud-d arc,rd nely tha TIE undett1Alhs W 'Sn -
eartinn anfr.frd by the codnr aud intercourse
the parties upon tie undrr- ndns thhi tht coul
, he sryics 90 be rendered pon the basis Of aqHonfm
uif under limitation thrt q r"wsri VI" hot
TO c,ered +250O Its of competent Tor Parne.
TO sgree opon pua I'd sum as salvage re" Srd 'i n
seTyicss Marvin, Wreck and salvage lo' sc "
sererd compen.sn is binding npon ID" savors snd
salvage, although limited TO All amount alSea u ho,
be. wee. the parties When fgferment ]" 10 P.fsh
upon distress for ensetion 10 D. polh q, h
events whether the vessel br we'd iherrny Iu i i4 ~.
not such agreement dsPlaces claim 10y ga Vis Phy 80
WhrtakrrSpIsgnes Decisions IaZl ana qHtts%' W. % m -
TecoverAtle for the seTVrcs III ..at ps, ~ VIC Les,
nrnt the hb~ans had thrir Efforts to save 10" o y
tlrs wo1d have lot theT ahors aud eHrtnduf, put
codld have r. sorted 10 the equity :" ~" p'oporD ,
then, To the claimants ard accepted by Them 10 HcVeI o
reasonable worth o, tie rooi and is oy %
the business The corr"spodihe aet' o' W" Pel'"
H. fair accord with such reasonsb" mrne Inc s.NeN
ties g. this relation The hbeanis hai v-t"dth'
ship made themselves acqnnn' cd WIN hei tic' ', Nv
inspection End through tler bus ness cain2 Hna puIsu
fully Understood the chaFcrr aud deere OF p she neraro
aud requested 10 be employed ~ performing tnr co.
claimants asked what would be- The cost OF the wo aud ne
hbelau repod from 81 600 $3.50 Upon tha, answer
the claimants immeda'eiy placed The mp ~ the hnh's Z" e
beans scent. who performed the 10 without loo. 'r aefi
dent in few hours labor in the daytime after b" bad f"arhef
the ship. Thtsr contracting paities per onaly VINO "
strangers each other Il transacted the buses,
treated in The most direct and summary manner very
mnch. arprrheud. rs vas ufnrdrd htween trn 70 De
direct bcrgaln ccnrllavry osrd by the few words inter
ch uerd beseen them at the tine OF the interviews no
d ference Of relations between mem being confirm
ria "a after the ship placed in charge OF the
ihr ans, until their services wef" IN she'd Snd J
nrider thrt their rights toward each ere now Ire
cisev thy would have been hsd the bcsnt- lraly fnl
h,d their agreement by going 70 the wreck At The time pn
lsied ana perip Md what they TcPunrd tlrY wonh 10
Iand actual d two dsvs aterward ta,~ued thrir town1
apparatus stranded vessel aud drawn her harmless on
tr bauk whore she grounded. roneidrr THEREFOR la
spprars by the ptoo the parcd b. the claim
of the branis ard accepted by the latter
on la lnrut for labor peri rnrd by the latter and
thus nr the rsr PIE can by uuu livery
aud acceptance h-tWeeu the agents Of " r'fectse pa
The Bbrsnts ins a the pror cry b.. ten IN stre Of
wr ek went nfo err 10 condition sud was
hrid by them under OBLIGATION Of her owner @ d Dy NV
that the 5elan. should be recount FUSED FOR s aud
rest
force Of sayege a. sea Cnihr contrary The cnh
maintain that the hhelans ogeth~i vi Others were sutlrs
the same aud that notorious Il Go" psce Of the
disaster the Of furnishing ~ ci 10 g." Hrhnrt
aground was suh-c, Of uursnt md alton between 81
fer, nj apple ante aud that blues ord 10 sot 10
the besuis. but not called upon 70 n"c are ba ihe
ne sfion on tr b.. - between the sgeu. parties
resurd n 0rma couc, which was capah" ~ ca" oi HnY
far of ei to carry IL into exec ti1n no poc~-g rom
his anlt, Of being proied and 3fcrd a so"r lsa, lhs
other nor hnt tia m ras. fheut of the arrangement
either side had been p"vened by hrNab" ,ccarh 'he
tourf might not administer Tie 80 a-ene 49, many o % ~ y.
qnaHfun character AID a'd i - h~ hhe ans 10
c1nc in the undertaking thou.h nl ,t.y 'ru u -
rrsults This would be- quite compatible WIN TIE ,iantr'
pfem u1fy adopted between no" giir, cons mug
r,gtird by either as ab'ouffyo ~ -M.ag 'afaf ri
Then the Interpret on Of ihr pop"-ilu mas" bv ~ brl
Gu ssrt. be s:eut The rimluts sd accePtfb by the
ef, 20 pay $3.50 r1p'n's io service 70 p" t.nu'i'd snn
up 20 25 n much canned would enable TIE Court 10
s'-i' 5 t',' | e. So, ~ o -bof AID =.
Ieunrrs mere brca1 on fiurc o cnmle'c sn'c~s' in
lie whole nuicrias The coniu q tie hhe ants dunns
the Transaction ind rates they 'd not rsrd ne, ',nuihs
jlred steamer her mailer o"r crew equipments appaf 'u-
en-.nss, &C, ga'uious conioned :" me e9mgn '+..
beor- the for~s prov Tor relief o thr ffndd mp COZ"
am an 81 orT,,,o, n ma ~ 2 49,, .. {, tom ii rae N tpe
weck by ih- company 90 N"wl orr which proceed
ins very little comToiei siih c'nsr olsue Of hotng hr
n M OF a. incho, aivor upon % yau- Il cargo Oh
the her wok and 90 leo di ih~ feet that tn ir
vim, v,.s- th. mon ct she ai drtwn " fning siAf
tom .snd bins. aid tires could be- ist and team
rs.d drliv.feI her the m aud by whom she
IN h., w., h. ff =, fh- Nru Yort ~ Tho
81. n u VI
of v-sc and er elu9nrnts and appliances
employed by them IN thr .ssoe' fso f-d on the oeo'on
ir qussfou particular sn'e'rg into the alsfrntl-
it1n Of the ecomp"us~ 20 which Ar ub'ians af~ ruird
Der The rulcs oi 'dcce goysin'g aosuo"- 10 ''''
aud arg nfa~ra n iiyor of uuor' throughout
he admr'ln % o. ygc iiVr' n urorfau md Amer hn
Z owed bv h-sr lb-slts. ~ putting in nee vrs'e' I'D
crews Q large aud rHp~ivc conpr'rn~ and hinr' ~ ye
Necs hu-nr.s of svi vessel. aud cfss BY giving them
open eoun,erance troushG druc'ye gnni o. eI,fi CON
p-n.sii,n. because oi tr' e., - ib. COUP ,y n le
lget j. pcfir;Ais The e.visc Of t. Morning star llry
hr' as 80 hey. inp.,ed nd Y & 80 ,, 80 &
Al moral .ud phycrl r-ut and roiai s.lantfy ~ hs'
ard recosir - IN ne boots a. osns's ~ mhamci
personal merit and btlafi .nsp- a rrir"nrs bnt ti'o
efa. reason u'thc'on or ppynfihe i1c ,'rrl -
Drr.onsl of D pofrr ~. 20 corrue b'dir.
hav O.. alone hgrat,e vitality inpsred by pvr law sd
10 worth aid hefoisu nave been dspayrt Ia ilhirs
stated .e,icss e sctor' therein 900 h1ri wsfcf Do"
Cour, Of rcw4ri bot The bounty mn"
be- exclusively allotted 60 the cofIofaofs Tprd by po' I've
low sexual and n the tuusscon ant I.
bued the sentiments end ~ulotons oi NE hve~si hu
nauy bu, u reality acussd by higher of other merit In
Of 'ai'as" Character ihn th~ hfe h'ufcf on Piyhs
up hs forfeited policy Of in.ursnce
Subordn,,e courts Of Admiralty Jurisdiction Will be spi to
swat the declaration Of such fHrs " d~ri'n by tTonn' OF
authority before pronouncng such 20 BE- the es'ab-
,hrd law o. savage r~comieusr va respect I" w." as!e1
tive rate ofr'wsrd TO the owners Of property urd Ia enrcuns
salvage il scarcely a.saned pfesump
with faculties and emnuous moral or intellectual OF hsrf
order than the inert material whose value they represent by
positive sta ute disirbuonA dviv~nd In NY opinion,
had the engagement between the parties IN h' case oeen "
Al eyed In The libel contract for Aysse services tho
measure Of compensation 70 be distributed to The be esni'
would be- none ohrr than thr proportion prsnngt th'
properly put IN hazud by the service and 10 action Of law
can be invoked vying the symboca corporation INTO al
asemb.ge OF vt savOrs eIrrcng the emotions and iacn
ties OF cOnsunmsinE efitOous achisVo
and thus becoming individually eutued 10 fitting
ward theteor Ny coneluaJn upon the whole ca'e H. ths;
the Employment ofhe vessel her sod apparatus in
the hst obtained by the impouniy tie beants
for their IecunJAy interest and with The .sine hnowl
IN all particulars Respecting the subject Of negotiations
po,e.,ed by the claimants Tbs the service. proposed
20 be performed by the bcsnts for aon limit
ed to t2 500 and upon equitable derons on ub.o
quent alterations Of facts in To the subec, Of The ossn.
great chsnsr lad occurred In the naiueohs services be
formed rendering II and inecuAbe the claimants
10 such limitation Of the 10 be paid to the libel
yet there proof given In the showing that
such alteration did aiervard occur tina; the hbsan
entitled 20 for their lAbOrs aud hazards than the sum
upon which they were offered, and undertakes.
Wherefore decree be entered for thu iibesn,. for
81 500 with interest from August 1909 and costs Of suit
The interest .nd costs OF t might have boen barred by the
claimants had they rendered sattion Of the bargain at tho
price upon which it was undertaken by tho lib-lsn.
For tho lbelsns Mr. Hand and Judge Marvin fOr claim
ants Mesus Benedict Tracy and Benedc,
UNITED STATES COMMISSIONERS OFFICE-Arnn
T-Before Commis.ionsr OsBoRs.
ATTEhPT TO BCUrTIE TIE CHARLES sPRA0UR.
On the affidavit OF Capt. George W. Pike Of the
ship Charles Spague the Commsione .saed his warrant Tor
and bsd for examination John Roper charge Of
making repsstsd attempts 10 seuo the vessel by boring holes
I'm hsTb bottom