New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-06-23
TIE COuRTs.
United States District COuFt-PrOgress
of Admiralty observation-disclosures
TO Merchants.

United States District COurt-PrOgress
of Admiralty Observation-Disclosures
10 Merchants.
The novel and important case of the
HarbOr Protection Company VS.. the
ship Vancouver, has been decided by Judge
Durell during the present month It is 20
be regretted that his full and able decree
has never been reduced to writing.
Some of the principles of salvage COM
pensation recognized by his Judgment are
of recent application, and should be gen
orally known.
As the decision was oral, we are COM
PEELED to resort to the brief of M. M. Co
hen, Esq., the proctor of the company, for
an calculation of some of the doctrines laid
down by him as the counsel for llibelants,
and maintained by the court
From pages fourteen and fifteen of Mr..
COhen's brief we extract the following
reasons for a liberal reward:
l. A large capital is invested.
2 Heavy expenses of officers and crew,
IN keeping up steam constantly, both by
day and by night.
3. The wear and tear and depreciation of
the property, and the large costs for re-
pairs.
4. The few occasions on which the Tyler
can earn salvage.
5. The fact that she is fitted for nothing
else but salvage and towage, and by her
charter can do nothing else.
6. She may work long and hard to save
ship, and if her efforts be unsuccessful,
however meritOriOus, the admiralty will
not give her cent. w. Rob, 800, 407;
Lushington, Sis, sol; WASH, 657; New
berry, 428.
As freight is the mother of wages, so sue
cess is the mother of salvage compensation.
On the land the law is otherwise.
Sprague, j.
Z. Formerly individuals effected salvage
services. Now steam and associated powers
of incorporation perform such services
easier, quicker and safer and sometimes
they do what individual efforts would fail
to accomplish, as in the case at bar and in
''the Camanche." Wallace, 448.
3. The public interests are promoted by
the admiralty in fostering and encouraging
steam cOrpOrated power and capital and
enterprise by liberal rewards.
As Mr.. Parsons more than once tells us,
steamboats, should be encouraged. 2 Pars.,
Sh. and Ad., IA, 294
fancy, Chief Justice, in the Circuit
Court of Delaware, held that the owners
Of a steamtug, on dangerous station and
at heavy expense, kept for salvage and
tOwage purposes were entitled to the full
remuneration usually awarded to salvors
who peril their lives and property though
the particular salvage services may not
have been accompanied by such danger or
peril
Virdin VS.. the Caroline, 6 Am. Law Reg,
222, cited in Pars,, s. and Ad., 294, and in
Abbot.
See also "the Blackwal,p 10 Wallace, 10.
Marine assistance by steam vessels must
be encouraged by liberal salvage compen-
satiOn.
The William Penn, Am. Law Reg, 1884,
Again, as to salvage by steamers: In the
case of the Raikes, Hagg. Il. DAG, which
was the first instance in England of a sal
wage service rendered by a steam packet
Lord StOwell, in the year 1894, reversed the
award of commissioners, appointed, by the |
lord Wardens of the Cirque Ports, to deter
mine differences relative to salvage, and |
nearly doubled the amount of the award, |
with all the expenses Of the appeal in favor |
of the salvOrs.
In giving his judgment in that case Lord |
StOwell SAYS: II am inclined to give as |
much encouragement as possible to similar |
eXertiOns on account of the great skill and |
the great power of vessels of this descrip- |
ton"
Commenting on this in the case of the |
William Penn, l Am. Law Reg, $50, |
Wayne, Judge, said, in the United States |
Circuit Court, 81 am not aware that the |
policy of his lOrdship's conclusion has ever
been questioned, but / am aware that it |
has been approved by his successors, and |
that it has the concurrence of Admiralty
lawyers in our own country"
1t should be SO for a steamer can reach
the locality of a disaster sooner and with
more certainty than a sailing vessel.
When she arrives at 1T, she can take q
nearer and better position to give aid, can
change it as often as eXigencies may re-
uuire, can give reader assistance in saving
life, and is more efficient as to the power
which can be applied, and as to the time it
may take to drag a vessel out of danger
g., s,A bov ho
done in any other way.
Such considerations brought Judge
Wayne to the conclusion that "marine as
sistance by steamboats, must be encouraged
by liberal compensation"
In the case of " The London Merchant"
3 Hagg., 40l, the Court said, that steamers
which have rendered assistance are entitled
to liberal rewards.
Further replying TO the allegation of
the eighth article of answer 'that the ser
vices required occupied but a very short
tme,' Mr. Cohen remarks that in the case
of the Northumberland, Maritime Law
Cases, 2l5, the marginal note is, "where
salvage services are rendered by steam
ships, the amount of salvage which the
court will award is not necessarily affected
by the fact of the services performed only !
occupying short time; the court now hold
ing that, with respect to steamships it is
better that the service should occupy
short space OF time than the length of time |
it used to occupy from the delay which
arose to enabling sailing ships to make
man9uvres necessary to perform the ser
vice.
And in the case of the Syrian, . Maritime
Law cases, 3S7, il was held that, in award
ing the amount for salvage services, the
shOrtness of the duration OF such services is
an element of righteousness.
Mr. Cohen concludes: The foregoing brief
is not as brief as / desire, vet it is very far
from developing all the merits of the libel
lant's case. But, although it may not ex-
haust the subject, it may exhaust the pa
thence of this honorable court. /, therefore,
hasten to conclude, in fear that your honor
may apply to the labor of lawyers the prin-
ciple held by DR.. Washington as applicable |
TO steamboats,, viz, that the shOrtness of the
duration of such services is an element of
righteousness.
Eighth District Court,
John Chapus has fled petition in this
court praying that a writ of mandamus
issue directed to Antoine Dubuelet, Treas
urer, and TO the committee appointed to
register and classify the floating debt of the |
State, through o. F. HunsakeT, the chair
man thereof, commanding them to register
and number three vouchers, amounting in
the aggregate to the sum of 1862 40. as part /
and parcel of the floating debt of the State
under the act Of 1872; said vouchers were