New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-01


paid no passage money and Incurred liability for any
nshed by the ship, and had interest whatever in
men nS compelled by the orders Of their, superior
officers to go on board this vessel at a
officers. The Government true had contracted with
the ship for the Of this BODY S 10pS U
taon but prvy of contract between the men ana the
tress duty wanting That the position Of these men
Oh board not considered by the master 10 be at VI
ordinary passengers apparent from the fact IN evidence
that the master issued no orders to them and did not
undertake to direct their abOrs but applied TO tne COM
to Keep them to the work under his direction This view
is also confirmed by the circumstances whch aien9ugn
steed, the commanding officer. whose appearance
and mode of giving his evidence aouS T ~ Siu
to his statement that when the master hrst spoke 10
of the likelihood of being compelled TO call upon MN IoF OF
TO assist in baing he said that the men Wou gu, oa
course be paid But it is said that the men were NOT tne
the cargo, and therefore must have been pas,
seDgers This does not follow person may DC on t
ship and be neither master crew. or cargo anu yet n0t
sustain the legal relation OF PASSENGER as was % ny i
Washington in Law Terms r. vol To- p 90 my c p tb
s0ns therefore, is that the service peroreu w '
ibeants cannot be held 10 have been peIiOllnen ny
them in the line of duty as BENG eeH neces
sary 10 say that the other objection raised by the Claim
ants have been heretofore passed on 6y the cours %
Government defense, as many cases IN te DOCKS WI
show That they saved their lives WIN se s of oSsc
ton that they did only what was their Dounden auy as
mo indeed
wheH he to save the lives and properly OF ms %
man. And it is TO encourage the Oh %
policy awards compensation for rs performance fer
Torrance of duty imposed by contract Is not rewarded
humanity and prompted by desire to perform the obl
cations which attach to every man These are te very
are rewarded by Court Of Admiralty.
Again. it said that the services involved no rsk ener
prise, or disinterestedness, and that THESE hIo
necessary characteristics of every salvage service
The rule stated too broadly SIhe S'oi Rsc in
Shippers Gazette) 1854. The Purisuma Conception W.
Rob- 1884, And beside, this service was not wnollyy
wanting in these characteristics. The labor here performed
might well involve risk to health, and certainly !e Iou
of It's performance under the circumstances, displayed
much patience willingness and subOrdinatiOn The case
presents another feature which Is entitled 10 hOce mere
II appears in evidence that when the steamer reached
tbe Mace where she anchored the beach was in plain
sight The weather was then fine and the sea soon eco
be roons landed in the boats Instead of Which, guards
were stationed at the boats by the Major commanding 70
HE men were kept at the exhausg labor all that night
and during the next day, and until the steamer was se
y grounded in the Mississippi bar rus labor peliouu
after the steamer to anchor was Tor the sole Pu
pose Of saving the ship and cargo. -, A.. .u,o,o
doctrine of salvage rests to be fully applicable to the
present case and to require that he g srSc ody Of
soldiers they were, with arms ana the power 10 pro
tanty TO Keep the ship aoat should be recognized in
Court OF Admiralty There remains 10 ueleIno ,h o
amount proper to be awarded upon TINS Ss n
tending the service but in the number OF persons claim
TO be rewarded, and as no
submitted I'm behalf of the claimants DESIRE before
determining il, to hear the views of counsel
The terms Ofithe decree will therefore be fixed on Sat
day next at II m when Will hear arguments upon the
question of amount. and the form Of the decree. .
Emerson & Goodrich l.. G. Benedict, and W: X BeeDe
for ibelans Spencer, Hoes Metcal and g. a Rapuiio
| for claimants.
IN BANKRUPTCY
THE FIRST CONTESTED ADJU DICATfON
In the Of SHyenen and bernstein -, =,
Mr. Edwin James applicant as counsel with Mr.
Hersch attorney oppose She adjudication OF bankruptcy
against the named parties. The act OF banunpy
relied upon the executor OF an assignment GNlnS
several creditors preferences to tho amount OF S0OO
Mr. James raised several technc, points as 10 the IN
validity OF the petitioner and tic creditors debt ana the
case resulted in his handing IN written demand iOi
trial by Jury OF the question OF tho bankruptcy
Judge Batchord made an order directing inc l%ue 10
be tried at the first sitting OF the District Court
SUPREME COURT-CHAMBERs,- Before Justice MORA
HAN.
DECISIONS.
Morgan ct al agt. Morgan ct al.-Application de-
MED.
Bell agt. WhitmOre.-Rep0rt confirmed.
Bell agt. WbitmOre.-MOtOn denied.
CarlOtta CarOzzi agt Joseph Crow-MotOn granted on
payment OF $40, costs OF motion. ,
Georgana s. Knight agt. Joseph W. Knight-Hcport OF
Referee confirmed, and judgment or divorce granted